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HomeMy WebLinkAbout2003-04-01; Housing & Redevelopment Commission; 355; Kent Jessee Office BuildingHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL AB# 355 DEPT. HD. TITLE: KENT JESSEE OFFICE BUILDING MTG. 4-1-03 RP 02-02 ._ DEPT. H/RED 1 I CITY MGR RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 364 , APPROVING a Major Redevelopment Permit (RP 02-02) for a 10,490 square foot commercial office building on property located at 2815 Jefferson Street as recommended by the Design Review Board. ITEM EXPLANATION: On February 24, 2003, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit for a three-story commercial office building in Land Use District 7 of the Carlsbad Village Redevelopment Area. The 13,100 square foot site is located on the west side of Jefferson Street between Grand Avenue and Arbuckle Place. The site is bordered by a single-story commercial office building to the north (Tague Insurance), a single-family residence with a detached garage to the south, a two-story 16-unit apartment building and single family residence to the west, and a three-story senior apartment complex across Jefferson Street to the east. The remainder of the block is comprised of a mixture of uses of various sizes including; two separate two-story apartment projects with 6 and 12 units respectively, four single- family homes, a single-story office building (chiropractor’s office), a two-story office complex, a restaurant and bar (Grand Avenue Bar and Grill), and a parking lot for the Old World Center. The block is also broken up into four different land use districts; District 1, 2, 7, and 8. The lot is currently vacant with a temporary structure located in the far northeast corner of the lot that is used for the sale of flowers grown on the remainder of the property. The proposed development consists of the construction of a three-story commercial office building comprised of two levels of office space above surface level parking. The ground floor includes 735 square feet of commercial office space devoted to a front lobby, elevator, two stairways, an equipment room, and an electric room. Also on the ground floor within the footprint of the building are 17 parking spaces, an enclosed trash enclosure, and a storage area. Between the back of the building and the rear property line are 14 additional open parking spaces. The second and third floors of the building consist of 4,937 square feet of gross floor area each, including approximately 3,362 square feet of leasable office space. Both floors also include three decks, and outdoor patio area, restroom facilities, and storage space. The property owner intends to occupy 2,267 square feet of office space on the third floor of the building and lease out the remaining office space to separate tenants. At the public hearing, the Design Review Board members voted unanimously (4-0, Lawson abstain) to recommend approval of the project as proposed with findings to grant the following: 1. A variance to increase the rear yard setback from 10’ to 71’; 2. A variance to increase the maximum building height from 35’ to 38’-6 for a portion of the 3. Participation in the Parking In-Lieu Fee Program for a maximum of four parking spaces. roofline; and The approving resolution along with the Design Review Board staff report, the draft minutes of the February 24‘h meeting, and a copy of the public comment letters received by the Board are attached for the Commission’s review. I PAGE 2 OF AGENDA BILL NO. 355 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 (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. No comments were received on' the environmental determination. The necessary finding for this environmental determination is included in the attached Housing and Redevelopment Commission resolution. FISCAL IMPACT: The proposed project will have a positive fiscal impact in terms of increased property tax. The current assessed value of the project site is $316,000. With the new construction, it is estimated that the assessed value will increase to approximately $1.6 million. The increase in value will result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $1 2,840 per year. 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 an outdated and underutilized property within the area. EXHIBITS: 1. Housing & Redevelopment Commission Resolution approving RP02-02 (Resolution No. 364) 2. Design Review Board Resolution No. 291, dated February 24, 2003 3. Design Review Board Staff Report, dated February 24, 2003 w/attachments 4. Draft Design Review Board Minutes, dated February 24, 2003 5. Public Comment Letters Exhibit 1 Housing & Redevelopment Commission Resolution 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT CO"ISSI0N RESOLUTION NO. 364 A-RESOLUTION OF THE HOUSING AND REDEVELOPMENT C0"ISSION OF THE CITY OF CARLSBAD, CALIFORNIA, INCLUDING A VARIANCE FOR A REAR YARD SETBACK WHICH EXCEEDS THE MAXI" STANDARD RANGE, A VARIANCE FOR A PORTION OF THE ROOF TO EXCEED THE MAXI" HEIGHT LIMIT, AND PARTICIPATION IN THE PARKING SPACES, FOR THE CONSTRUCTION OF A 10,490 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2815 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. APPLICANT: KENT JESSEE OFmCE BUILDING CASE NO: RP 02-02 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP02-02, PARKING IN-LIEU FEE PROGRAM FOR A MAXI" OF FOUR ll WHEREAS, on February 24, 2003,' the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 02-02) for the construction of a 10,490 square foot office building on property located at 2815 Jefferson Street, and adopted Design Review Board Resolution No. 291 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 02-02) be approved; 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 02-02); and WHEREAS, the recommended approval includes findings granting a variance for the rear yard setback which exceeds the standard range; and WHEREAS, the recommended approval includes findings granting a variance to increase the maximum height of the proposed structure from 35 feet to 38 feet 6 inches for a ll HRC RES0 NO. PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 portion of the roof; and WHEREAS, the recommended approval includes findings granting participation in the Parking In-Lieu Fee Program for a maximum .of four parking spaces; 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, the project was found to be categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. t 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 02-02) is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 291, on file in the City Clerk's Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered the environmental determination for this project and any comments thereon. The Housing and Redevelopment Commission finds that: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; HRC RES0 NO. 364 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The proposed development occurs within city limits on a project site of no more than five acres and substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. The Housing and Redevelopment Commission finds that the environmental determination reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: ... ... ... ... ... ... ... ... ... ... HRC RES0 NO. 364 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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 hisher 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 thexday of APRIL, 2003 by the following vote to wit: AYES: Commissioners Lewis, Finnila, Kulchin, Hall NOES: None ABSTAIN: None ATTEST: HRC RES0 NO. 364 PAGE 4 Exhibit 2 DRB Resolution No. 291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 291 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 02-02, INCLUDING A VARIANCE FOR A REAR YARD SETBACK WHICH EXCEEDS THE MAXI” STANDARD RANGE, A VARIANCE FOR A PORTION OF THE ROOF TO EXCEED THE MAXI” HEIGHT LIMIT, AND MAXI” OF FOUR PARKING SPACES, FOR THE CONSTRUCTION OF A 10,490 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2815 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: KEW JESSEE OFFKE BUILDING APN: 203-1 10-29 CASE NO: RP 02-02 WHEREAS, Smith Consulting Architects, “Applicant”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by W. Kent Jessee and Associates, “Owner”, described as Assessor Parcel Number 203-110-29, and more thoroughly described in Attachment A, (“the Property”); and PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as shown on Exhibits “A-H” dated February 24,2003, on file in the Housing and Redevelopment Department, “Kent Jessee Office Building RP 02-02”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 24’h day of February 2003, 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 “Kent Jessee Offke Building RP 02-02”. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public heari ,ng, th le Design Revie1 W Board RECOMMENDS APPROVAL of Kent Jessee Office Building RP 02- 02, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 2. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for a rear yard setback variance, a height variance, and findings to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 24, 2003 including, but not limited to the following: a. b. C. d. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a commercial office project in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. The project as designed is consistent with the development standards for Land Use District 7, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of the requested variances. The existing streets can accommodate the estimated ADTs and all required DRB RES0 NO. 291 -2- IO 1 .- L - 4 L - c 7 a 9 la I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 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. e. The.proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area and the City’s Landscape Manual. The Design Review Board finds as follows to allow for a variance for a rear yard setback that exceeds the standard range: a. b. C. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that due to the excessive depth of the property (201 feet), strict adherence to the setback standards on both the front and rear of the property makes it impossible to provide required on-site parking. By providing a substantial setback on the rear of the building a majority of the required parking can be provided under the building and between the back of the building and the rear property line, both of which are preferable site design strategies set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the property has an unusual width to depth ratio. A majority of the lots in the area that are of similar width (i.e. 65 feet wide) have a smaller depth (i.e. less than 201 feet). The subject property would have to be wider to accommodate the necessary parking if the building were built to both the front and rear yard setback standards. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the increased setback on the rear of the property will allow the front of the property to be developed at a setback that is consistent with neighboring properties while providing a greater setback from neighboring residential properties along the rear of the parcel. The 71-foot setback ‘on the rear of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. DRB RES0 NO. 291 -3- II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In this case, the narrow width of the subject property compared to the excessive depth necessitates the need for an increased rear yard setback to allow for maximum on-site parking. The design of the building maximizes on-site parking opportunities by providing parking below and in back of the proposed building, both of which are consistent with the Village Master Plan and Design Manual’s goal of making parking visually subordinate in the downtown area. e. An increased setback on the rear of the property is justified because the property abuts a single-family residence and a 16-unit apartment building to the west and a single-family residence to the south. While the single-family residential uses are considered nonconforming uses in District 7, they will remain until such time as the lots are redeveloped into commercial office uses (permitted uses) or perhaps multifamily residential uses (provisional uses). The mixture of existing uses in the immediate vicinity and the subject property’s close proximity to multiple land use districts are evidence that this is an area in the process of transitioning from what was originally a single-family neighborhood to the commercial office district envisioned in the Village Master Plan. The 71-foot setback on the rear of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. 4. The Design Review Board finds as follows to allow for an increase in maximum height from 35’-0” to 38””: a. b. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that the combination of the property’s width to depth ratio and its restricted vehicular access to a single public street dictate a site design with parking on the lower level and usable floor area above in order to achieve a feasible amount of onsite parking. However, construction of a three-story structure within the 35- foot height limit precludes the inclusion of the required 512 roof pitch. In order to develop the subject property in a manner that is consistent with the purpose and intent of the Carlsbad Area Redevelopment Plan, a portion of the roofline will exceed the maximum height of 35 feet. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the subject property’s width to depth ratio (65’ x 201’) and its restricted vehicular access to a single public street (Jefferson Street) make development of the site DRB RES0 NO. 291 -4- 12- 1 F L rl - 4 4 I f 7 E s 1c 11 12 13 14 15 16 17 18 14 2c 21 22 23 24 25 26 27 28 I C. d. e. f. g. h. .... difficult to achieve. This condition is not typical of lots in the surrounding area. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the additional height will be located in the center of the building and is necessary to achieve the required 512 roof pitch. The additional roof height will not negatively impact the livability of nearby residential units. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage redevelopment of underutilized properties and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In the case of the subject property, many factors affect the feasible development of the site including, the lot’s width to depth ratio, its limited frontage on Jefferson Street, the need to maximize onsite parking, and the desire to design a building that is consistent with the design guidelines set forth for the area. The steeper roof pitch is a dominant and consistent architectural feature within the Village. Strict adherence to the 35-foot height limit on this project precludes the incorporation of this significant design feature on the building and would therefore contradict the standards established in the Village Master Plan and Design Manual. While a majority of the buildings in the area are either one or two stories in height, the proposed structure is comparable to and visually compatible with Jefferson House Senior Apartments located immediately east of the subject property. The senior apartment project is three-stories and 35 feet in height. The proposed project is also comparable in height to other commercial office buildings located further south on Jefferson Street. The increased height will not unduly impact nearby residential uses because the proposed project provides sufficient setbacks from all adjacent property lines and sits 3 feet lower than the elevation of adjacent properties. The taller project will not adversely impact views in the area because the project is not located near any designated view corridors. The project will maintain a scale and character compatible with the Village and the guidelines contained in the Village Master Plan and Design Manual. The Village contains a variety of building types and sizes. This is considered desirable per the Village Master Plan and Design Manual. The height of the building is consistent with others in the Village Area. For instance, for that portion of Jefferson Street that falls within Land Use District 2, the maximum building height for a similar structure is 45 feet. The boundary for District 2 is 3 lots south of the subject property. DRB RES0 NO. 291 -5- 13 1 r L c - 4 C I f 7 E s .' IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. The project provides for exceptional design quality through the incorporation of several architectural features and details including; multiple roof elements with the required 512 roof pitch, various sized multi-paned windows with decorative trim and complimentary colored mullions, a two-story arched entryway with multiple panes of glass, rounded balconies on the second and third stories on the front and rear of the building, and open rail balconies/decks on the second and third stories on both sides of the building. The overall design of the building is consistent with the goals and objectives of the Village Redevelopment Area. ' 5. The Design Review Board finds that the DeveloperProperty owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. The project is consistent with the Carlsbad General Plan because it provides for a commercial office use in an appropriate location within the Villsge. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: Staff believes that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. c. Adequate parking is available within the Village to accommodate the project's parking demands. The last utilization counts of the Village public parking lots, conducted in August of 2002, indicate a 79% average utilization rate, which is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. GROWTH MANAGEMENT FINDINGS: 6. 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 DRB RES0 NO. 291 -6- IV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 > 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 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. NOLLANIDOLAN FINDING: 7. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 1. 2. 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’s/Agency’s approval of this Major Redevelopment Permit. . Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment 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. DRB RES0 NO. 291 -7- TS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations 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. 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. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. 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. 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 pennit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Landscape Conditions: 11. The Developer shall submit and obtain Planning Director approval of a Final Landscape DRB RES0 NO. 291 -8- Ib 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 12. 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. Noticing Conditions: 13. 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 has issued a Major Redevelopment . Permit by Resolution No. 291 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 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. On-site Conditions: 14. 15. 16. 17. 18. Outdoor storage of material shall not 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 Housing & Redevelopment 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 31 parking spaces, as shown on Exhibit “A ”. 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. All signs proposed for this development shall be consistent with the sign plan approved as part of this project as shown on Exhibits “A & C”. Any changes to the sign plan shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. DRB RES0 NO. 291 -9- \-I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 19. 20. Prior to issuance of the building permit, the Developer shall enter into a Parking In- Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement (4 spaces total). Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. ENGINEERING CONDITIONS Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed redevelopment, must be met prior to approval of a building or grading permit whichever occurs first. General: 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. 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. FeedAereements: 4. 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 subject property into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. GradinP: 5. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Housing and Redevelopment Director. 6. Based upon a review of the proposed grading and the grading quantities shown on the site plan and preliminary grading plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. DRB RES0 NO. 291 -10- I ?; 1 2 3 4 < L c 7 E s 1c 11 12 13 14 15 16 17 1E 1s 2c 21 22 23 24 25 26 27 28 7. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar of the site plan and preliminary grading plan reflecting the conditions as 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. DedicationsDmprovements: 8. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook'' to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 9. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Manangement 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 and City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the maximum extent practicable, storm water pollutant runoff at both construction and post-construction stages of the project. The SWMP shall: a. Identify existing and post-development on-site pollutants. b. Recommend source control and structural Best Management Practices to filter said pollutants. DRB RES0 NO. 291 -11- 1 2 3 4 5 6 7 8 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. Ensure long-term maintenance of all post construct BMPs in perpetuity. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. - Fees: 1. 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 #1 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 taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, this approval will not be consistent with the General Plan and shall become void. 2. The Developer shall pay a landscape plan'check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General: 3. This approval shall become null and void if building permits are'not issued for this project within 18 months from the date of final project approval. 4. 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. 5. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Engineering: 6. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion 'control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. . .. ... ... DRB RES0 NO. 291 20 -12- 1 r L r - 4 L - t 7 E s 1C 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 24* day of February 2003 by the following vote to wit: AYES: Marquez, Heineman, Baker, Paulsen NOES: None ABSENT: None ABSTAIN: Lawson DESIGN REVIEW B&&D u ATTEST: n 8 - DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 291 - 13- Exhibit 3 DRB Staff Report February 24, 2003 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW ADDlication ComDlete Date: Staff: Lori Rosenstein 911 1 102 Jeremy Riddle Environmental Review: Categorical Exemption DATE: February 24,2003 SUBJECT: RP 02-02 - “KENT JESSEE OFFICE BUILDING”: Request for a Major Redevelopment Permit for the construction of a 3-story, 10,490 square foot commercial office building on property located at 281 5 Jefferson Street in Land Use District 7 of the Carlsbad Village Redevelopment Area. 1. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 291 recommending APPROVAL of RP 02-02 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The property owner, W. Kent Jessee, has requested a Major Redevelopment Permit for the construction of a 3-story, 10,490 square foot commercial office building on property located at 2815 Jefferson Street in Land Use District 7 of the Carlsbad Village Redevelopment Area. The property is located on the west side of Jefferson Street between Grand Avenue and Arbuckle Place. The site is bordered by a single-story commercial office building to the north (Tague Insurance), a single-family residence with a detached garage to the south, a two-story 16-unit apartment building and single family residence to the west, and a three-story senior apartment complex across Jefferson Street to the east. The remainder of the block is comprised of a mixture of uses of various sizes including; two separate two-story apartment projects with 6 and 12 units respectively, four single-family homes, a single-story office building (chiropractor’s office), a two-story office complex, a restaurant and bar (Grand Avenue Bar and Grill), and a parking lot for the Old World Center (See attached Exhibit C). The block is also broken up into four different land use districts; District 1,2, 7, and 8. The subject property measures 65 feet wide by 201 feet deep. The 13,100 square foot lot is currently vacant with a temporary structure located in the far northeast corner of the lot that is used for the sale of flowers grown on the remainder of the property. The proposed development consists of the construction of a three-story commercial office building comprised of two levels of office space above surface level parking. The ground floor includes 735 square feet of commercial office space devoted to a front lobby, elevator, two stairways, an equipment room, and an electric room. Also on the ground floor within the footprint of the building are 17 parking spaces, an enclosed trash enclosure, and a storage area. Between the back of the building and the rear property line are 14 additional open parking spaces. The second and third KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 2 floors of the building consist of 4,937 square feet of gross floor area each, including approximately 3,362 square feet of leasable office space. Both floors also include three decks, and outdoor patio area, restroom facilities, and storage space. The property owner intends to occupy 2,267 square feet of office space on the third floor of the building and lease out the remaining office space to separate tenants. 111. GENERAL PLAN CONSISTENCY 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, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving. uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The General 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 a commercial office building in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. IV. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION, GOALS AND OBJECTIVES The proposed project will be able to address a variety of objectives as outlined within the Village Master Plan and Design Manual as follows: Goal 1 : Establish Carlsbad Villaae as a Qualitv Shopping, Working and Livina Environment. The proposed project will result in development of a new office facility which will have a positive visual impact on the area. The positive visual appeal assists in the effort to create a quality shopping, working and living environment. In addition, the project will increase the amount of new office space in the area which will improve the overall working environment. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Villaae Area. The proposed project has a strong street presence and promotes greater pedestrian activity by providing benches and enhanced landscaping along Jefferson Street Goal 3: Stimulate Property Improvements and New Development in the Villaae. The 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 additional new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Office Support District (District 7) by providing for an appropriate intensity of development that is compatible with surrounding area. KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 3 Goal 4: lmDrove the Phvsical ARRearanCe of the Villaae Area. The proposed project converts an underutilized, blighted site into a physically attractive project. The proposed project promotes the following objectives: It creates a sense of design unity and character while also encouraging design It establishes a commercial building whose scale and character are compatible with It minimizes the land area required to accommodate additional parking in the Village It results in a design which is sensitive to surrounding development within the area. diversity; surrounding residential neighborhoods; by participating in the Parking In-Lieu Fee Program; and V. CONSISTENCY WITH VILLAGE LAND USE PLAN As set forth in the Village Master Plan and Design Manual, office uses are classified as permitted uses within Land Use District 7 of the Village Redevelopment Area. Permitted uses are defined as those uses which are permitted by right because they are considered to be ' consistent with the vision and goals established for the district. Although these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. The overall vision for the development of District 7 (Office Support) is to accommodate professional and medical offices contained in new structures and converted residences. The development standards promote individual buildings set back from the street and surrounded by landscaping intended to provide a quality office environment within easy and pleasant walking distance to shops and restaurants. Permitted land uses in District 7 include all office uses, parks, and parking lots. Provisional uses include the following: multi-family dwelling units; bed and breakfast inns; child care centers; churches; youth facilities; and some commercial services, such as blueprint and copying services, word processing services, and office equipment rentals. The land use standards encourage the phasing out of existing single-family residential uses over time. The development standards for District 7 also encourage any new non-residential development to be designed in a manner that respects the area's residential character. Staff believes that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. VI. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 7 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 7, the front yard setback is 5- 2s KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 4 20 feet and the side and rear yard setbacks are 5-10 feet. All setbacks are measured from property lines. In addition to these setback standards, parking is not permitted in either the front or the rear yard setback areas. The front yard setback of the proposed building varies from 8 to 20 feet from front property line. On the south side of the building, the setback varies from 5 to 10 feet from side property line. On the north side of the building, the setback varies from 5 to 13 feet from side property line. The rear of the building is located 71 feet from the rear property line. A majority of the ground floor is devoted to required parking, however, there is no parking located within either the required front or rear yard setbacks. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. However, a reduction in the standard to the minimum, or anywhere within the range, may be allowed if the project warrants such a reduction and the following findings are made by the Housing & Redevelopment Commission: 1. The reduced standard will not have an adverse impact on surrounding properties. 2. The reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is to be located. 3. The reduced standard will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. These findings apply to those portions of the building on the front and sides that fall within the established setback range. The findings noted above for allowing a reduction of the front and side yard setbacks to the minimum of the range are justified as follows: 1) The proposed project is in a location which has varying setbacks and will, therefore, not have an adverse impact on surrounding properties. 2) The subject property is only 65 feet wide, therefore the reduced setback standards are necessary in order to allow the applicant to provide as much on- site parking as possible with adequate screening from public view. 3) The proposed project is consistent with the design guidelines for the Village Redevelopment Area and the reduced setbacks will provide greater articulation on all sides of the building, therefore, making the project design interesting and visually appealing. In addition to the above findings to allow for the reduced front and side setbacks to the 5 foot minimum, the Design Review Board and Housing and Redevelopment Commission will also be required to make appropriate findings to grant a variance for the rear yard setback which exceeds the maximum range of 5-10 feet. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. For approval of a setback standard that is above the maximum or below the minimum for the subject land use district, a variance must be approved by the Housing and Redevelopment Commission. Variances may only be granted if the findings set forth in Section 21.35.130 of the Carlsbad Municipal Code are met. In addition, a variance for a setback standard that exceeds the top of the range may only be granted if the project meets one or more of the following criteria: 1. The project is in a location where adjacent buildings are set back further than the permitted standard (range), adjacent buildings are likely to remain, and setting the structure back to the desired standard will maintain and reinforce the Village character of the area. 2. The project is in a location that is in a transition area to residential development and where KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 5 increased setbacks would soften the visual transition between commercial and residential development or would protect the livability of the residential development. 3. Restaurant uses where a larger front setback will be utilized for outdoor dining space subject to approval by the Design Review Board andor Housing and Redevelopment Commission, whichever is the appropriate approving body. (This finding is not applicable to the subject project.) The second criterion noted above for allowing a rear yard setback that exceeds the maximum standard (range) applies to the subject property. The subject property abuts a single-family residence and a 16-unit apartment building to the west and a single-family residence to the south. While the single-family residential uses are considered nonconforming uses in District 7 they will remain until such time as the lots are redeveloped into commercial office uses (permitted uses) or perhaps multifamily residential uses (provisional uses). The mixture of existing uses in the immediate vicinity and the subject property’s close proximity to multiple land use districts are evidence that this is an area in the process of transitioning from what was originally a single-family neighborhood to the commercial office district envisioned in the Village Master Plan. The 71-fOOt setback on the rear of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. In addition to the criteria noted above for considering a variance for a setback standard that exceeds the top of the range, Carlsbad Municipal Code Section 21.35 sets forth the required findings necessary to grant the requested variance. In order to approve the requested variance to exceed the maximum setback on the rear of the property, the Housing and Redevelopment Commission must be able to make all four findings contained within Carlsbad Municipal Code Section 21.35. Staff offers the following justification for granting the requested variance to exceed the. rear yard setback standard: Variance Findinu #7: The application of certain provisions of this chapter [Municipal Code Chapter 21.351 will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Area Redevelopment Plan. Justification: Due to the excessive depth of the property (201 feet), strict adherence to the setback standards on both the front and rear of the property makes it impossible to provide required on-site parking. By providing a substantial setback on the rear of the building a majority of the required parking can be provided under the building and between the back of the building and the rear property line, both of which are preferable site design strategies set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual. Variance findina #2 There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls. Justification: The unique condition associated with the subject property is the lot’s width to depth ratio. A majority of the lots in the area that are of similar width (i.e. 65 feet wide) have a smaller depth (i.e. less than 201 feet). The subject property would have to be wider to accommodate the necessary parking if the building were built to both the front and rear yard setback standards. Variance Findinu #3: The granting of a variance will not be injurious or materially detrimental to KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 6 the public welfare, other properties or improvements in the project area. Justification: The increased setback on the rear of the property will not have a detrimental impact on neighboring properties, because it allows the front of the property to be developed at a setback that is consistent with neighboring properties while providing a greater setback from neighboring residential properties along the rear of the parcel. The 71-foot setback on the rear of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. Variance Findins #4: The granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual. Justification: The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In this case, the narrow width of the subject property compared to the excessive depth necessitates the need for an increased rear’ yard setback to allow for maximum on-site parking. The design of the building maximizes on-site parking opportunities by providing parking below and in back of the proposed building, both of which are consistent with the Village Master Plan and Design Manual’s goal of making parking visually subordinate in the downtown area. Based on these variance findings, it is staff’s position that the proposed project warrants the granting of a variance to allow a building setback that exceeds the established range on the rear of the property. Buildinq Coveraqe: The range of building footprint coverage permitted for all projects in Land Use District 7 is 60% to 80%. For the proposed project, the building coverage is 41.5%, which is below the established range. While the bottom of the range is considered the desired standard, unlike the setback requirements, a variance is not required for building coverage that is below the standard range. Therefore, the building coverage is in compliance with the established standard. Buildinq Height: The height limit for Land Use District 7 is 35 feet with a minimum 512 roof pitch. As defined in the Carlsbad Zoning Ordinance, building height is measured from the lower of existing or finished grade. Based on this definition, the maximum height of the proposed project is 38’-6” as measured from finished grade. The portions of the building that exceed 35 feet are located in the center of the building. Of the total roof area, approximately 38% exceeds the %-foot height limit. The remaining 62% is at or below the 35-foot height limit. In order to reduce the height of the building as viewed from adjacent properties, the building has been designed so that it sits 3 feet below the existing grade of the subject property, which existing grade is comparable to the grade of adjacent properties and the street elevation. That is, as viewed from neighboring properties the height of the proposed building will appear to be no higher than 35’-6” at the highest point of the roof. In order to exceed the maximum height standard, a variance must be granted by the Housing and Redevelopment Commission. Furthermore, a variance may only be granted if the project meets one or more of the following criteria: 1 ) The increased height will be visually compatible with surrounding buildings. 2) The increased height will not unduly impact nearby residential uses. 3) The taller project will not adversely impact views. 4) The project will maintain a scale and character compatible with the Village and the KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 7 guidelines contained within the Village Master Plan and Design Manual. objectives of the Village Redevelopment Area. 5) The project provides for exceptional design quality and is consistent with the goals and Justification for meeting the above noted criteria is as follows: 1) While a majority of the buildings in the area are either one or two stories in height, the proposed structure is comparable to and visually compatible with Jefferson House Senior Apartments located immediately east of the subject property. The senior apartment project is three-stories and 35 feet in height based on City records. The proposed project is also comparable in height to other commercial office buildings located further south on Jefferson Street. 2) The increased height will not unduly impact nearby residential uses because the proposed project provides sufficient setbacks from all adjacent properly lines and sits 3 feet lower than the elevation of adjacent properties. 3) The taller project will not adversely impact views in the area because the project is not located near any designated view corridors. 4) The project will maintain a scale and character compatible with the Village and the guidelines contained in the Village Master Plan and Design Manual. The Village contains a variety of building types and sizes. This is considered desirable per the Village Master Plan and Design Manual. The height of the building is consistent with others in the Village Area. For instance, for that portion of Jefferson Street that falls within Land Use District 2, the maximum building height for a similar structure is 45 feet. The boundary for District 2 is 3 lots south of the subject property. 5) The project provides for exceptional design quality through the incorporation of several architectural features and details including; multiple roof elements with the required 512 roof pitch, various sized multi-paned windows with decorative trim and complimentary colored mullions, a two- story arched entryway with multiple panes of glass, rounded balconies on the second and third stories on the front and rear of the building, and open rail balconies/decks on the second and third stories on both sides of the building. The overall design of the building is consistent with the goals and objectives of the Village Redevelopment Area. In addition to the criteria noted above for considering a variance for a building height that exceeds established standard, Carlsbad Municipal Code Section 21.35 sets forth the required findings necessary to grant the requested variance. In order to approve the requested variance, the Housing and Redevelopment Commission must be able to make all four findings contained within Carlsbad Municipal Code Section 21.35. Staff offers the following justification for granting the requested variance to exceed the height limit: Variance Findina #7: The application of certain provisions of this chapter [Municipal Code Chapter 21.351 will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Area Redevelopment Plan. Justification: The general purpose and intent of the Carlsbad Village Area Redevelopment Plan is to create a pleasant, attractive, accessible environment for living, shopping, and working through the elimination of blighting influences and the redevelopment and restoration of underutilized properties in a manner that enhances the character of the Village Area and the surrounding community. The subject property’s width to depth ratio (65’ x 201’) and its restricted vehicular access to a single public street (Jefferson Street) make development of the site difficult to achieve. These two site constraints dictate a site design with parking on the lower level and usable floor area above in order to achieve a feasible amount of onsite parking. However, construction of a three-story structure within the 35-foot height limit precludes the inclusion of the required 512 roof pitch. In order to develop the subject property in a manner that is consistent with the purpose and intent of the Carlsbad Area Redevelopment KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 8 Plan a portion of the roofline will exceed the maximum height of 35 feet. Variance Findinu #2 There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls. Justification: As previously stated, the subject property’s width to depth ratio (65’ x 201 I) and its restricted vehicular access to a single public street (Jefferson Street) make development of the site difficult to achieve. This condition is not typical of lots in the surrounding area. Variance Findina #3 The granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. Justification: The variance request is to increase a portion of the roofline from 35 feet to 38’6“. The additional height will be located in the center of the building and is necessary to achieve the required 5:12 roof pitch. The additional roof height will not negatively impact the livability of nearby residential units. I Variance Findinu #4: The granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual. Justification: The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage redevelopment of underutilized properties and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In the case of the subject property, many factors affect the feasible development of the site including, the lot’s width to depth ratio, its limited frontage on Jefferson Street, the need to maximize onsite parking, and the desire to design a building that is consistent with the design guidelines set forth for the area. The steeper roof pitch is a dominant and consistent architectural feature within the Village. Strict adherence to the %-foot height limit on this project precludes the incorporation of this significant design feature on the building and would therefore contradict the standards established in the Village Master Plan and Design Manual. Based on these variance findings, it is staff’s position that the proposed project warrants the granting of a variance to allow a portion of the building to exceed the 35-foot height limit for District 7. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad’s Landscape Manual. Open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building and eight (8) open decks on the second and third floors along four sides of the building. The project provides for a total of 2,790 square feet of open space, which represents 21.3% of the site and is consistent with the open space requirement. Parking: The parking requirement for office space is 1 parking space per 300 square feet of gross floor space. The parking standards set forth in the Village Master Plan and Design Manual also permit a maximum of 40% of the total number of parking spaces provided on-site to be constructed to meet the requirements of a small or compact vehicle. The requirement for a 10,490 square foot office building is 35 spaces. The applicant is proposing to provide 31 spaces on-site and 4 spaces off-site through participation in the Parking In-Lieu KENT JWSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 9 Fee Program. The on-site parking spaces include 22 standard (9’ x 19’) parking stalls, 2 disabled accessible stalls, and 7 compact (8’ x 15’) spaces. The number of proposed compact spaces equates to 32% of the total number of parking spaces provided on-site and is consistent with the permitted standard of a maximum of 40%. The fees collected from the Parking In-Lieu Fee Program are deposited into an earmarked, interest bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Redevelopment Area. For the purposes of determining participation in the program, the Village has been divided into two parking zones - Zone 1 and Zone 2. A propertyhusiness owner is eligible to participate in the in-lieu fee program according to the parking zone in which a given property is located and its proximity to an existing or future public parking lot. The subject property is located within Zone 2. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In-Lieu Fee payment for up to fifty percent 150%) of the on-site parking requirement for the proposed new development if the property is located within 600 feet of an existing public parking facility. The subject property is located within 600 feet of a public parking lot on Roosevelt Street. (See attached Exhibit D.) Based on the parking in-lieu fee standards set forth in the Village Master Plan, the proposed project qualifies to make an in-lieu fee payment for up to fifty percent (50%) of the on-site parking requirement. The applicant is requesting participation in the Program for four (4) parking spaces or 11 % of the total required parking for the project. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the Parking In-Lieu Fee prior to the issuance of building permits for the project. The current fee is $1 1,240 per required parking space to be provided off-site. In order to participate in the Parking In-Lieu Fee Program the following findings must be made by the Design Review Board and the Housing and Redevelopment Commission: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual. 2. The proposed use is consistent with the land use district in which the property is located. 3. Adequate parking is available within the Village to accommodate the project’s parking demands. 4. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. Justification for the above referenced findings is as follows: 1. The project is consistent with the Carlsbad General Plan because it provides for a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. 2. The project is consistent with Village Redevelopment Master Plan and Design Manual in ..i ?\ KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 10 that the project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: Staff believes that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. 3. 4. I Adequate parking is available within the Village to accommodate the project’s parking demands. The last utilization counts of the Village public parking lots, conducted in August of 2002, indicate a 79% average utilization rate, which is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. Based on these findings, it is staffs position that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of four (4) parking spaces. If the Housing and Redevelopment Commission grants participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set forth in the Village Redevelopment Master Plan. Residential Densitv and lnclusionarv Housing Requirements: There is no residential component proposed within this project. Therefore, residential density and inclusionary housing requirements are not applicable to this project. 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. In accordance with the design review process set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual, the Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (1 0) basic design principles. These design principles are: 1. 2. 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. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The applicant has incorporated several desirable design elements to achieve the desired Village character. The KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 11 project has provided for an overall informal character in design. The architectural design provides for variety and diversity through the incorporation of several architectural features and ' details including; multiple roof elements with the required 5:12 roof pitch, various sized multi- paned windows with decorative trim and complimentary colored mullions, a two-story arched entryway with multiple panes of glass, rounded balconies on the second and third stories on the front and rear of the building, and open rail balconies/decks on the second and third stories on both sides of the building. The project has a strong relationship to the street in that it is situated in close proximity to the street and incorporates a grand entry, two balconies, various architectural elements, and a ground floor outdoor seating area on the front of the building. Landscaping plays an important role in the architectural design of the building as landscape planters with flowering vines are proposed on all balconies and decks, lattice trellises with flowering vines are proposed along the north elevation and the rear of the building to work in conjunction with multiple stucco colors and accent windows to break up what would otherwise be blank walls adjacent to the elevator and mechanical rooms, and tree pockets are proposed along the sides of the building to shield the ground floor parking-and provide additional visual relief to the sides of the building. The parking is visually subordinate in that it is located both under and in back of the proposed building. Finally, signage is appropriate to the desired Village character in terms of size, scale, and type of sign as discussed in greater detail in the next section. A summary of the design features related to the project is provided as an exhibit to this report (See attached Exhibit B). VIII. CONSISTENCY WITH SIGN STANDARDS The total building frontage of the proposed building is 49.6 linear feet, which equates to 49.6 square feet of total sign area allowed. The sign plan for the project includes one freestanding monument sign on the front of the property situated perpendicular to Jefferson Street. The monument sign is 5-0 high with a total sign area of 11.7 square feet, which is significantly less than the maximum permitted sign area. Therefore, the proposed monument sign is consistent with the sign regulations set forth for the Village Redevelopment Area in terms of size, type and location of the sign. 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 which is greater than $150,000. The project requires a recommendation from the Design Review Board and final approval by the Housing and Redevelopment Commission. The Design Review Board is asked to hold a public hearing on the permit requested, consider the public testimony and staff's recommendation on the project, discuss the project and then take action to recommend approval or denial of the project with the following requests: 1) variance for the rear yard setback to exceed the standard range, 2) variance to allow a portion of the building to exceed the 35 foot height limit, and 3) participation in the Parking In-Lieu Fee Program for a maximum of four parking spaces. The proposed project is not located within the Coastal Zone; therefore a Coastal Development Permit is not required. KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 12 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: Traffic & Circulation: Projected Average Daily Traffic (ADT): 198 ADT Due to the size of this project, this project does not trigger the need for a traffic study. This project is served by Jefferson Street and has direct access to public streets. The streets in the area have been designed to handle the traffic volumes generated by this project. Sewer: Sewer District: Carlsbad Municipal Water District Sewer EDU's required: 6 EDU's Sewer lines for this project will gravity flow, via an existing private sewer lateral that connects to an existing public sewer main in Jefferson Street. - Water: Water District: Carlsbad Municipal Water District GPD required: 220 GPD/EDU x 6 EDU's = 1,320 GPD Water service to the project will be provided via an existing water lateral that connects to an existing water main in Jefferson Street. Grading: Quantities: Cut: 657 cy Fill: 265 cy Export: 392 cy Remedial: 725 cy Permit required: Yes Offsite approval required: No Hillside grading requirements met: ria Preliminary geotechnical investigation performed by: East County Soil Consulting, dated 2/13/01 The geotechnical report indicates that there are no major grading or soils related issues with the proposed project. Drainaae and Erosion Control: Drainage basin: Buena Vista Watershed Erosion potential: High Existing surface storm runoff currently drains in westerly direction. This project proposes to collect and convey storm water by a proposed onsite private storm drain and inlet system, which discharges via a proposed curb outlet on Jefferson Street. KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 13 Land Title: Conflicts with existing easements: No Public easement dedication required: No Site boundary coincides with Land Title: Yes The right-of-way widths Jefferson Street conform to City standards and no additional right-of-way dedications are required. Improvements: Offsite improvements: No Standard Waivers required: No I No public improvements are required as part of this development. Storm Water Qualitv: The applicant is conditioned to submit a detailed storm water management plan (SWMP) that identifies pollutants of concern as it relates to the project. The applicant is also required to implement Best Management Practices (BMP) measures, to the maximum extent practical, to ensure that no additional pollutants-of-concern are contributed to the watershed. The SWMP must ensure storm water quality is not impacted as a result of the project. 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 (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. The necessary finding for this environmental determination is included in the attached Design Review Board resolution. 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. XIII. CONCLUSION Staff is recommending approval of the project with findings for the following: 1) A variance for the rear yard setback to exceed the standard range, KENT JESSEE OFFICE BLDG. - RP 02-02 FEBRUARY 24,2003 PAGE 14 2) A variance for a portion of the roof to exceed the 35 foot height limit, and 3) Participation in the Parking In-Lieu Fee Program for a maximum of four parking spaces. Development of the site will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Pian. EXHIBITS: A. Design Review Board Resolution No. 291 recommending approval RP 02-02. B. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines C. Location Map D. Map of Public Parking Lots E. Exhibits "A - H", dated February 24, 2003, including reduced exhibits. Exhibit A Design Review Board Resolution No. 291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 291 A RESOLUTION OF THE DESIGN REVEW BOARD OF THE CEY OF CAIUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR VARIANCE FOR A REAR YARD SETBACK WHICH EXCEEDS THE “UM STANDARD RANGE, A VARIANCE FOR A PORTION OF THE ROOF TO EXCEED THE MAXIMUM HEIGHT LIMIT, AND MAXI” OF FOUR PARKING SPACES, FOR THE CONSTRUCTION OF A 10,490 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2815 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FAClLlTIES MANAGEMENT ZONE 1. CASE NAME: KENT JESSE OFFICE BUILDING APN: 203-1 10-29 CASE NO: RP 02-02 WHEREAS, Smith Consulting Architects, “Applicant”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by W. Kent Jessee and Associates, “Owner”, described as Assessor Parcel Number 203-110-29, and more thoroughly described in Attachment A, (“the Property”); and REDEVELOPMENT PERMIT NUMBER RP 02-02, INCLUDING A PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as shown on Exhibits “A-H” dated February 24,2003, on file in the Housing and Redevelopment Department, “Kent Jessee Office Building RP 02-02”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 24* day of February 2003, 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 “Kent Jessee Office Building RP 02-02”. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 38 1 r L 4 4 - t 5 E S 1c I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Kent Jessee Office Building RP 02- 02, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. 2. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for a rear yard setback variance, a height variance, and findings to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 24, 2003 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 commercial office project in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides .permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. c. The project as designed is consistent with the development standards for Land Use District 7, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of the requested variances. d. The existing streets can accommodate the estimated ADTs and all required DRB RES0 NO. 291 -2- 3 $(:\ '.__I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. e. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area and the City’s Landscape Manual. 3. The Design Review Board finds as follows to allow for a variance for a rear yard setback that exceeds the standard range: a. b. C. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that due to the excessive depth of the property (201 feet), strict adherence to the setback standards on both the front and rear of the property makes it impossible to provide required on-site parking. By providing a substantial setback on the rear of the building a majority of the required parking can be provided under the building and between the back of the building and the rear property line, both of which are preferable site design strategies set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the property has an unusual width to depth ratio. A majority of the lots in the area that are of similar width (i.e. 65 feet wide) have a smaller depth (i.e. less than 201 feet). The subject property would have to be wider to accommodate the necessary parking if the building were built to both the front and rear yard setback standards. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the increased setback on the rear of the property will allow the front of the property to be developed at a setback that is consistent with neighboring properties while providing a greater setback from neighboring residential properties along the rear of the parcel. The 71-foot setback on the rear of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. DRB RES0 NO. 291 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In this case, the narrow width of the subject property compared to the excessive depth necessitates the need for an increased rear yard setback to allow for maximum on-site parking. The design of the building maximizes on-site parking opportunities by providing parking below and in back of the proposed building, both of which are consistent with the Village Master Plan and Design Manual’s goal of making parking visually subordinate in the downtown area. e. An increased setback on the rear of the property is justified because the property abuts a single-family residence and a 16-unit apartment building to the west and a single-family residence to the south. While the single-family residential uses are considered nonconforming uses in District 7, they will remain until such time as the lots are redeveloped into commercial office uses (permitted uses) or perhaps multifamily residential uses (provisional uses). The mixture of existing uses in the immediate vicinity and the subject property’s close proximity to multiple land use districts are evidence that this is an area in the process of transitioning from what was originally a single-family neighborhood to the commercial office district envisioned in the Village Master Plan. The 71-foot setback on the rear. of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. 4. The Design Review Board finds as follows to allow for an increase in maximum height from 35’-0” to 38’-6”: a. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that the combination of the property’s width to depth ratio and its restricted vehicular access to a single public street dictate a site design with parking on the lower level and usable floor area above in order to achieve a feasible amount of onsite parking. However, construction of a three-story structure within the 35- foot height limit precludes the inclusion of the required 5:12 roof pitch. In order to develop the subject property in a manner that is consistent with the purpose and intent of the Carlsbad Area Redevelopment Plan, a portion of the roofline will exceed the maximum height of 35 feet. b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the subject property’s width to depth ratio (65’ x 201’) and its restricted vehicular access to a single public street (Jefferson Street) make development of the site DRB RES0 NO. 291 -4- Yi 1 2 2 4 5 6 7 a 9 la 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. d. e. f. g* h. .... difficult to achieve. This condition is not typical of lots in the surrounding area. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the additional height will be located in the center of the building and is necessary to achieve the required 512 roof pitch. The additional roof height will not negatively impact the livability of nearby residential units. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage redevelopment of underutilized properties and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In the case of the subject property, many factors affect the feasible development of the site including, the lot’s width to depth ratio, its limited frontage on Jefferson Street, the need to maximize onsite parking, and the desire to design a building that is consistent with the design guidelines set forth for the area. The steeper roof pitch is a dominant and consistent architectural feature within the Village. Strict adherence to the 35-foot height limit on this project precludes the incorporation of this significant design feature on the building and would therefore contradict the standards established in the Village Master Plan and Design Manual. While a majority of the buildings in the area are either one or two stories in height, the proposed structure is comparable to and visually compatible with Jefferson House Senior Apartments located immediately east of the subject property. The senior apartment project is three-stories and 35 feet in height. The proposed project is also comparable in height to other commercial office buildings located further south on Jefferson Street. The increased height will not unduly impact nearby residential uses because the proposed project provides sufficient setbacks from all adjacent property lines and sits 3 feet lower than the elevation of adjacent properties. The taller project will not adversely impact views in the area because the project is not located near any designated view corridors. The project will maintain a scale and character compatible with the Village and the guidelines contained in the Village Master Plan and Design Manual. The Village contains a variety of building types and sizes. This is considered desirable per the Village Master Plan and Design Manual. The height of the building is consistent with others in the Village Area. For instance, for that portion of Jefferson Street that falls within Land Use District 2, the maximum building height for a similar structure is 45 feet. The boundary for District 2 is 3 lots south of the subject property. DRB RES0 NO. 291 -5- YL- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. The project provides for exceptional design quality through the incorporation of several architectural features and details including; multiple roof elements with the required 5:12 roof pitch, various sized multi-paned windows with decorative trim and complimentary colored mullions, a two-story arched entryway with multiple panes of glass, rounded balconies on the second and third stories on the front and rear of the building, and open rail balconies/decks on the second and third stories on both sides of the building. The overall design of the building is consistent with the goals and objectives of the Village Redevelopment Area. 5. The Design Review Board finds that the DeveloperProperty owner. qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. The project is consistent with the Carlsbad General Plan because it provides for a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: Staff believes that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. c. Adequate parking is available within the Village to accommodate the project’s parking demands. The last utilization counts of the Village public parking lots, conducted in August of 2002, indicate a 79% average utilization rate, which is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. GROWTH MANAGEMENT FINDINGS: 6. 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 DRB RES0 NO. 291 -6- % 1 2 3 4 5 c 7 a S 1c 11 12 13 14 15 16 17 I 18 19 2a 21 22 23 24 25 26 27 28 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 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. NOLLAN/DOLAN FINDING: 7. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 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 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’s/Agency’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 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. DRB RES0 NO. 291 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations 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. 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. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. 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. 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. Landscape Conditions: 11. The Developer shall submit and obtain Planning Director approval of a Final Landscape DIU3 RES0 NO. 291 -8- q”\s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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. 12. 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. Noticing Conditions: 13.. 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 has issued a Major Redevelopment Permit by Resolution No. 291 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 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. On-site Conditions: 14. 15. 16. 17. 18. Outdoor storage of material shall not 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 Housing & Redevelopment 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 31 parlung spaces, as shown on Exhibit “A ”. 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. All signs proposed for this development shall be consistent with the sign plan approved as part of this project as shown on Exhibits “A & C”. Any changes to the sign plan shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. DRB RES0 NO. 291 -9- qb 1 2 3 4 5 6 7 e S la 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. Prior to issuance of the building permit, the Developer shall enter into a Parking In- Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement (4 spaces total). Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. ENGINEERING CONDITIONS Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed redevelopment, must be met prior to approval of a building or grading permit whichever occurs first. General: 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. 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. FeedAgreements: 4. 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 subject property into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 , on a form provided by the City Engineer. Grading: 5. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Housing and Redevelopment Director. 6. Based upon a review of the proposed grading and the grading quantities shown on the site plan and preliminary grading plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. DRB RES0 NO. 291 -10- c1? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar of the site plan and preliminary grading plan reflecting the conditions as 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. Dedicationsflmwovements: 8. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination . System (NTDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. c B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City, requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. Fees: 1. 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 #1 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 taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, this approval will not be consistent with the General Plan and shall become void. - DRB RES0 NO. 291 -11- qg 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 2. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General: 3. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval. 4. 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. 5. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Engineeriw: 6. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Gradmg Ordinance) to the satisfaction of the City Engineer. 1 ... ... .. ... ... ... ... ... ... ... ... ... ... ... DRB RES0 NO. 291 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified 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* day of February 2003 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: . SARAH MARQUEZ, CHAIRPERSON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 291 -13- Leqal Description W. Kent Jessee Propertv APN 203-1 10-29 Parcel 1: The southwesterly 50.00 feet of the northwesterly 241 feet of Lot 48 of the Seasides Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in 'the Office of the County Recorder of San Diego County, July 28, 1921 ; except the southwesterly 120 feet. Parcel 2: The southwesterly 15.0 feet of the northwesterly 151 .O feet of Lot 48 of the Seasides Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921 ; except the southwesterly 120 feet. Exhibit B Design Guidelines Consistency VILLAGE MASTER PLAN DESIGN GUIDELINES CHECKLIST Provide variety of setbacks along any single commercial The front setback of the proposed project varies block front. I from 8 to 20 feet from Jefferson Street. Provide benches and low walls along public pedestrian Maintain retail continuity along pedestrian-oriented frontages. Avoid drive-through service uses. Minimize privacy loss for adjacent residential uses. The project incorporates benches and enhanced landscaping along Jefferson Street. The proposed project will not conflict with retail continuity. The project does not include a drive-thru. Adequate setbacks are provided along the sides of the property and an extensive (71') setback is provided along the rear of the property to minimize privacy loss for adjacent residential uses. I Encourage off-street courtyards accessible from major pedestrian walkways. The nature of the use does not warrant off-street courtyards for pedestrian use. ~ Emphasize an abundance of landscaping planted to create an informal character. Treat structures as individual buildings set within a landscaped green space, except for buildings fronting on: Carlsbad Village Drive, State Street, Grand Avenue, Carlsbad Boulevard and Roosevelt Street Landscaped areas along the front, sides, and rear of the building will provide for an informal setting. Landscaping will be provided along all sides of the building. Provide landscaping within surface parking lots Landscaping is provided along the perimeter of all surface parking. 11 Provide access to parking areas from alleys wherever I The subject property does not abut an alley. possible. 1 Y Locate parking at the rear of lots. Parking is located at the rear of the lot and underneath the building. I Devote all parking lot areas not specifically required for parking spaces or circulation are devoted to parking spaces or circulation to landscaping. All parking lot areas not specifically required for landscaping. Avoid parking in front setback areas. One minimum width curb cut is provided on Avoid curb cuts along major pedestrian areas. No parking is provided in the front setback area. Jefferson St. Avoid parking in block corner locations. Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. Site is not located on a corner. A majority of the parking is completely screened from public view by being integrated into the building. The remainder of the parking is located in back of the proposed structure. 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 to divide parking lot paving into smaller segments. 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. Maintain a relatively consistent building block faces. height along Utilize simple building forms. Trendy and "look at me" design solutions are strongly discouraged. Emphasize the use of gable roofs with slopes of 7 in 12 3r greater. Although much of the parking is located at ground level with the building above, the project is designed with the lobby and front entrance having a strong presence in the front of the building along Jefferson St. with the parking structure located behind them. The ground level parking is fully integrated into the building design and plays a more subordinate role by being fully screened. The width and depth of the lot makes below grade parking difficult. However, all ground floor parking has been designed three feet below adjacent elevations. In addition, the applicant has chosen to participate in the Parking In-Lieu Fee Program by providing a portion of the required parking off- site. There is a minimal amount of surface parking visible to the public to warrant the use of enhanced paving. The proposed building has been designed specifically for this location in accordance with the Village Design Guidelines and is not a generic copy of other buildings. Varying setbacks on the front of the building and balconies on the second and third stories serve to provide sufficient articulation on the upper levels. The size of the lot does not warrant breaking the building up into smaller units. However, varying roof peaks and various architectural features serve to break up the mass of the building. By reducing the elevation of the lot by three feet, the height of the building, as viewed from adjacent properties is consistent with three-story senior apartment project directly across the street and the height will be consistent with adjacent properties if the properties redevelopment in a manner that is consistent with the Village Master Plan and Design Manual. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The building is not trendy or "look at me" in design. Hip roofs and roof features with the desired pitch have been provided within the project. 2 Encourage the use of dormers in gable roofs. T ~~ Emphasize wood and composition shingle roofs, with the exception that in the Land Use District 6 metal roofs are acceptable. Avoid Flat Roofs Screen mechanical equipment from public view. Avoid mansard roof forms. Emphasize an informal architectural character. Building facades should be visually friendly. Design visual interest into all sides of buildings. Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. Give special attention to upper levels of commercial structures. Provide special treatment to entries for upper level uses. Utilize applied surface ornamentation and other detail elements for visual interest and scale. Respect the materials and character of adjacent development. 3 The project design does not lend itself to the use of dormers. The project provides a clay tile roof which is consistent with the architectural design intended for the project as well as other projects in the area. The building does not incorporate flat roofs. This will be a requirement of the project. The project does not utilize mansard roof forms. By providing for attractive facades and landscaping, the project is very visually appealing. Visual interest is added to the building through various architectural features. The design of the building incorporates design elements into all four building facades, thereby creating visual interest in the building. The project makes good use of various sized multi-paned windows with decorative trim and complimentary colored mullions, a two-story arched entryway with multiple panes of glass, rounded balconies on the second and third stories of the front and rear of the building, and open railed balconies/decks on the second and third stories of the on both sides of the building. Multi-paned windows with decorative trim and colored mullions are used through out the project. The building design provides for recesses and projections on all sides of the building which will create shadows and contrast. The upper levels of this commercial building provide for balconies, railings, attractive window features, and archways that reflect special attention in design. The upper levels of this building will be accessed through internal stairways. Therefore, no special treatment of upper level use entries is necessary. Detail elements have been incorporated into the building which include; decorative trim around the windows, open railings along the decks and balconies, projecting trims, architectural designs along the upper level, and decorative lighting. The materials and colors proposed for the building will not conflict with adjacent developments. ~~ ~~ ~~ ~~ Emphasize the use of the following wall materials: wood stucco. neutral color. siding; wood shingles; wood board and batten siding; and The exterior walls utilize a textured stucco finish of Avoid the use of the simulated materials; indoor/outdoor None of the noted materials have been indicated carpeting; distressed wood of any type for use. Avoid tinted or reflective window glass. The windows are clear glass. Utilize wood, dark anodized aluminum or vinyl coated Wood or vinyl coated doors and window frames metal door and window frames. will be utilized. Avoid metal awnings and canopies. No metal awnings and canopies are proposed. Utilize light and neutral base colors. The project utilizes a light and neutral color scheme. I Limit the materials and color palette on any single building (3 or less surface colors) The project incorporates one primary base stucco color, two complimentary accent stucco colors, and a complimentary trim color around the windows and front entrance. ~ ~~ ~ ~~ The proposed office use does not lend itself to the use of display windows, however, a two story arched glass entryway makes up a significant portion of the front entrance. I Avoid large blank walls. The project has been design not to have large blank walls. I Encourage large window openings for restaurants. storefront operation. windows and entries. No fabric awnings to be used; not a retail or Encourage the use of fabric awnings over storefront Project does not include a restaurant use. Emphasize display windows with special lighting. The office use does not have a need for display windows. Encourage the use of dutch doors. The project design does not lend itself to the use of dutch doors. I Utilize small paned windows. Windows of various sizes and shapes are included I throughout the project. Develop a total design concept. cant was able to develop a total design concept All facade design elements are unified. The appli- which is also functional and visually interesting. Provide frequent entries. The project incorporates a single primary entry along Jefferson Street, which is appropriate to the use. ~ U I U 4 Limit the extent of entry openings to about 30% of storefront width or 8 feet, whichever is larger, to preserve The extent of the entry opening has been limited display windows. through the design of the building. Avoid exterior pull down shutters and sliding or fixed The project does not include pull down shutters, security grilles over windows along street frontages. sliding or fixed security grilles over windows along the street frontage. Emphasize storefront entries. The front entrance is emphasized through the design of a two-story 'arched, glass entryway situated close to the street. 1 Integrate fences and walls into the building design. Fences and walls have been incorporated into the building design. 11 Provide front entry porches. I Not applicable. ~~ Provide windows looking out to the street. Not applicable. Provide decorative details to enrich facades. Not applicable. Utilize simple color schemes. Not applicable. - ~ Emphasize "cottage" form, scale and character Not applicable. Limit access drives to garages or surface parking areas. Not applicable. Emphasize an abundance of landscaping. Not applicable. Encourage detached garages which are subordinate in Not applicable. visual importance to the house itself. Provide quality designed fences and walls. Not applicable. Visually separate multi-family developments into smaller Not applicable. components. 5 Exhibit C Location Map Exhibit D Map of Public Parking Lots I Exhibit E Reduce Exhibits “A-H” m zc X Lu :1 t 6C a 4 f "il s 4I? B E ii e 8 4 I- - m " I C l .I I Q) L e I- - x UJ 1 B J L e . . . . . . . . . . . . . . . . .. . . * ,." . . .. MAP Ni3 1 ~ I ., = ti 1- - . . . . . ". I Exhibit 4 Draft DRB Minutes February 24, 2003 Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:OO P.M. Date of meeting: FEBRUARY 24,2003 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER Chairperson Marquez called the Regular Meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE Chairperson Marquez asked Board Member Heineman to lead in the pledge of allegiance. ROLL CALL Chairperson Marquez proceeded with the roll call of Board Members. Present: Commissioners: Tony Lawson Julie Baker Larry Paulsen Courtney Heineman Chairperson: Sarah Marquez Staff Present: Housing and Redevelopment Director: Debbie Fountain Management Analyst: Craig Ruiz Management Analyst: Lori Rosenstein Assistant City Attorney: Jane Mobaldi Project Engineer: Bob Wojcik APPROVAL OF MINUTES ACTION: Motion by Board Member Heineman, and duly seconded by Board Member Baker to accept the Minutes of December 16, 2002, with one correction on page 5 to change the word “steal” to “steel.” VOTE: 4-0-0 AYES: Baker, Paulsen, Heineman, and Marquez NOES: None ABSTAIN: Lawson CONSENT ITEM Debbie Fountain, Director of Housing and Redevelopment, presented the Consent Item of a General Plan Consistency for the City of Carlsbad to purchase the property, 2578 Roosevelt Street, for affordable housing purposes. Board Member Heineman moved to consider this item as a Consent Item and approved as that. Board Member Lawson seconded to approve the purchase of 2578 Roosevelt Street. The Board unanimously voted for the adoption of Resolution 292. 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. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 2 of 13 NEW BUSINESS Chairperson Marquez proceeded with Agenda Item No. 1, RP02-02 “Kent Jessee Office Building.” Board Member Lawson abstained from hearing the above item due to personal involvement with his landscaping business. Mr. Lawson removed himself from the room during this Agenda Item. Ms. Lori Rosenstein, Management Analyst, stated the item before the Board is being proposed by Kent Jessee who is requesting a Major Redevelopment Permit for the construction of a three-story, 10,490 square foot commercial office building on property located at 2815 Jefferson Street in Land Use District 7 of the Village Redevelopment area. The property is located on the west side of Jefferson Street between Grand Avenue and Arbuckle Place. Ms. Rosenstein showed a picture of the current property. The site is 65 feet wide and 201 feet deep for a total of 13,100 square feet. As depicted in the picture, the site is currently vacant with a temporary structure located at the far northwest corner of the lot. The structure is currently used for the selling of flowers grown on the remainder of the property. The property is bordered by a single-story commercial office building to the north, Tague Insurance, a single-family residence with a detached garage to the south, located on the rear of the property there is a single-family residence to the immediate west, and next to the single-family residence is a two-story, sixteen unit apartment building, both the single-family resident and the apartment building are located on Madison Street. Continuing, Ms. Rosenstein stated immediately east of the subject property across Jefferson is a three- story senior apartment project, Jefferson House. The remainder of the block is comprised of a mixture of various uses with structures of various sizes. They include two separate two-story apartment projects; one six units and one twelve units, four single-family homes, a single-story office building, a chiropractor’s office on Grand Avenue, a two-story office complex on the corner of Arbuckle and Jefferson, a restaurant with a bar, the Grand Avenue Bar and Grill on Grand Avenue, and a parking lot for the Old World Center located on Madison at Grand Avenue. The block this property is located on is a mixture of various uses. There are also four different land use districts that comprise the block, which is going to dictate continued mixed use development in this area in the future in accordance with the build out of the Village Master Plan. Ms. Rosenstein said the overall vision for Land Use District 7, which comprises the west side of Jefferson Street between Arbuckle and Grand, is to accommodate both professional and medical office uses in new structures and older single-family residences that have been converted to office uses, whether they are medical or professional offices. The development standards also promote individual building set back from the street and surrounded by landscaping intended to provide a quality office environment with an easy and pleasant walking distance to shops and restaurants in the remainder of the downtown area. The land use standards encourage the phasing out of existing single-family residential uses over time, which is the reason there are still a significant number of single-family homes remaining on this block. Ms. Rosenstein continued with her slide presentation, showing the proposed development consists of the construction of a three-story commercial office building comprised of two levels of office space above ground floor parking. The ground floor of the proposed structure includes 735 square feet of commercial office space devoted to a front lobby off of Jefferson, an elevator, two stairways, an equipment room, and an electric room. Also on the ground floor and within the footprint of the building, underneath the office space, are 17 parking spaces, an enclosed trash enclosure, and a storage area. The footprint of the building, Ms. Rosenstein points out, is shown in white. In the back of the building, between the building and the rear property line, are 14 additional open parking spaces. Above the ground floor, there are the second and third floors of the building, both include 4,937 square feet of gross floor area. Of that, approximately 3,362 square feet is leaseable office space. Both the second and third floors include three decks each, an outdoor patio area, restrooms, and storage space. The property owner intends to occupy 2,267 square feet of office space on the third floor and the remainder of the building will be leased out to other offices. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 3 of 13 DRAFT Ms. Rosenstein pointed out the building elevations on all sides of the building. The architectural design of the building provides for variety and diversity through the incorporation of several architectural features and details recommended in the Village Design Guidelines. These include multiple roof elements with the required 5 and 12 roof pitch, various size multi-paned windows with decorative trim, and complementary colored mulleins, and a two-story arched entryway off of Jefferson with multiple panes of glass, rounded balconies on the second and third floors of the front and rear of the building, open rail balconies and decks on the second and third floors on both sides of the buildings, and the architectural design also includes several complimentary colors to help also break up the faGade of the building. The project, as viewed from the east elevation, has a strong relationship to the street in that it is situated in close proximity to Jefferson and incorporates a grand entry, two balconies, various architectural elements and a ground floor outdoor seating area on the front of the building. Ms. Rosenstein continued that landscape planters with flowering vines are proposed on all balconies and decks. Lattice trellises with flowering vines are proposed along the north elevation and also along the rear of the building to work in conjunction with the multiple stucco colors and adjacent windows to break up what would otherwise be blank walls adjacent to the elevator shaft and the equipment room. Tree pockets are also proposed along the sides of the building to shield the ground floor parking and provide additional visual relief to both sides of the building. Ms. Rosenstein said parking for the proposed project is visually subordinate and recommended in the Village Design Guidelines in that it is located both under the building and in back of the proposed building. Finally, Ms. Rosenstein stated signage is appropriate to the desired village character in terms of size scale and type of sign. The total frontage of the building is 49.6 feet, which gives them 49.6 square feet of total sign area. The only sign they are proposing at this time is a small monument sign at the front of the building between the drive isle and the front pedestrian entrance to the building. The small monument sign will measure 11.7 square feet, which is significantly under that which would be allowed for this site. Ms. Rosenstein pointed out in the packages the Board has, there are two sets of elevations. The first one has already been referred to that showed the building as it would look if you stood on the subject property right next to the building. She showed a slide modified to show what the property would look like from adjacent properties. The site has been reduced three feet so that as viewed from adjacent properties, it actually would appear to be three feet lower then the overall height proposed. The applicant is requesting a variance to increase the rear yard setback from 10 feet to 71 feet. As the Board knows, our requirement in the Village Master Plan for variance to increase a setback is a standard that we are looking at changing in the future through an amendment to the Master Plan, but for the time being, the way it is written, this would require a variance. In this case, a greater setback on the rear of the property allows the building to have a close proximity to the street and meets the design guidelines and creates and maintains the livability of the surrounding residential structures to the immediate west. A greater setback on the back is actually viewed as a benefit to surrounding residential uses, as viewed by staff. Within that 71 foot setback there will be open parking. There will be landscaping along the rear setback and then between the landscape area and the building will all be open parking. Ms. Rosenstein stated the applicant has requested to increase the height limit from 35 feet to 38 feet, 6 inches. The maximum height in Land Use District 7 is 35 feet. Height is measured in the City of Carlsbad, not just in the downtown area but for all projects, from the lower of existing or finished grade. In this case, finished grade is actually lower. The applicant is doing what they can to reduce the height of the overall structure, and in order to get as much parking on the ground floor as possible and enough useable office space above, they are exceeding the 35 foot height limit. They have proposed to reduce the overall pad of the property three feet down. This will give the perception that the building is three feet lower as viewed from Jefferson Street as well as neighboring properties, but technically the overall height is measured from the ground floor of the building straight up. So overall, based on our definition of building height, the building is 38 feet, six inches, at the highest point. Not all portions of the roof exceed the 35- DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 4 of 13 DRAFT foot height limit. One of the exhibits in the packages distributed, the applicant clearly showed how much of the roofline was going to be over the 35 feet. Ms. Rosenstein went over past slides of the roof height. The dotted line on the north elevation shows the ground floor level, but with the three-foot retaining wall on the side property line and a 6-foot high masonry wall on top of that, it blocks the lower portion of the building. This is the perception of the 3 feet, which will be under street level. The same is true for the south elevation. The third request the applicant is making, stated Ms. Rosenstein, is the participation in the Parking In-Lieu Fee Program for a maximum of four parking spaces. At 10,490 square feet, the project requires 35 parking spaces on site with the width of the lot being 65 feet wide, a maximum of 31 spaces can be provided on site. Therefore, the applicant is proposing to participate in the Parking In-Lieu Fee Program for the remaining four spaces and justification for participation in the program has been provided in the Design Review Board Resolutions. She continued that the Planning Department has conducted the Environmental Review for the proposed project and found the project to be exempt from CEQA as an infill project on less than five acres in an urbanized area on a site that is served by adequate facilities. The proposed project is anticipated to have a positive economic impact on the City and the Redevelopment Agency. First the redevelopment of what was previously an underutilized lot will result in increased property taxes; this increase in property tax will further result in an increased tax increment to the Redevelopment Agency. Secondly, it is our hope that these kinds of projects will serve as a catalyst for other projects in the area, whether that is new development or rehabilitation of existing buildings. Staff is recommending approval of the project with findings for the following: the variance to increase the rear yard setback, the variance to increase the maximum height limit from 35 feet to 38 feet, 6 inches, and participation in the Parking In-Lieu Fee Program for a maximum of four parking spaces. Development of the site will have a positive fiscal impact on the City and the Redevelopment Agency and staff sees this type of project will assist in fulfilling the goals and objectives set forth in the Village Redevelopment Master Plan. That concludes the presentation. Ms. Rosenstein continued that the Board has a memo in front of them from the Housing and Redevelopment Department. There was a standard condition regarding our Storm Water Management Plan, a standard condition for all new construction. It was inadvertently left out of Resolution 291, and we outlined that in the addendum distributed for this item on the agenda. Essentially, it is a condition, which requires the applicant to demonstrate they are exercising best management practices for the treatment of all drainage onsite before it is sent to our storm water system. This is a standard condition on all new projects and in keeping with the NPDES, which are National Pollutant Discharge Elimination System requirements. Also, two letters were received today in regard to the project. A copy has been distributed to each of the Board members. One is from Mr. Jonathan Goll who is the owner of the property to the immediate south at 2865 Jefferson Street. Mr. Goll is in the audience will probably be asking to speak on this item. The second letter was submitted to staff from the Packard Dental Group and they outline their issues regarding the proposed project, and they are not here tonight to speak on this issue. Board Member Heineman expressed a concern to Ms. Mobaldi regarding a legal matter. He asked if the Mark Packard is a member of the City Council, is it inappropriate for him to be speaking when he is a member of the Urban Redevelopment Commission. Ms. Mobaldi answered that it is the same Mark Packard who is a Council Member, but in this particular case he is writing a letter as an individual, not as a member of the City Council; not as a representative of DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 5 of 13 DRAFT the City. He will have to recuse himself when this matter comes before the City Council and he cannot express his opinion as a Council Member, only as an individual who owns property near the site. Board Member Heineman reiterated that Mr. Packard would have to recuse himself. Ms. Mobaldi said yes. Chairperson Marquez asked if any Board Members have any questions of staff concerning the presentation of the project given by Ms. Rosenstein. Board Member Baker asked Ms. Rosenstein since there are two letters that take issue with the Parking In- Lieu proposal, would she for the record, briefly tell the Board the justification for allowing that variance. Ms. Rosenstein said participation in the Parking In-Lieu Fee Program technically isn’t a variance. The Program itself was put in place to allow one to assist in the redevelopment of the downtown area, predominantly because of small lot sizes; meeting parking requirements on site is very difficult for most of our projects. Applicants have several alternatives to meeting their parking requirements; one is doing it all on site, one is leasing off-site private property, another is doing a shared parking arrangement, and the fourth is to participate in our Parking In-Lieu Fee Program. The Housing and Redevelopment Commission set the program up as a way to assist in the redevelopment in the downtown area, and it also creates a fund by which developers can participate in. Those monies are then earmarked only to increase parking opportunities in the downtown area. Those funds are intended to be matched by redevelopment agency funds and also city funds that can be used to purchase more property for surface parking or it is the department’s intent to build a multilevel parking structure, which would significantly add to the amount of parking downtown. There are four findings that have to be made in order to grant participation in the program. One of the findings is that the program hasn’t been eliminated, and it hasn’t. A second finding is that the threshold the Housing and Redevelopment Commission established was 85% utilization rate. Essentially once our public parking lots get to an 85% utilization rate, the Parking In-Lieu Fee Program will be suspended. Right now, based on our parking counts the last of which were done in August of last year, which is our busiest time of the year, we showed a utilization rate of 79%. Again, the parking counts are done at various times of the day and on various days of the week. The last one just happened to be done during the peak season of the summer time. We haven’t reached the 85% threshold so that finding can be made. The other two findings have to do with the project and is something that is encouraged for the downtown area and a project that is consistent with the goals and objectives set forth in the Village Master Plan. In this case, we have an office building that is proposed in our office support district so it is a permitted use and meets the development standards with the granting of the other two variances, the setback variance and the height limit variance. Board Member Baker also asked about the height variance. She commented that Ms. Rosenstein said that depending on where it was measured, is it 38.6 from finish grade or from the underground parking? Or street level grade or when you are standing at the front door, what is the height of the building at that point? Ms. Rosenstein answered: At the highest point, it is 38 feet, six inches. The highest point is where the elevator tower is. The elevator was sunk as low as it possibly could go, even below finished grade and then there is the elevator tower and then the need to put in our five and twelve roof pitch, which adds some height. From the center of Jefferson Street, it will appear to be three feet lower then the 38 feet, six inches, because from the sidewalk, you step down a couple of steps to go into the building. Board Member Baker continued with her question: If you measured from Jefferson Street, is it still 38.6 feet? Ms. Rosenstein answered it is lower. It is comparable to 35 feet, six inches. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 6 of 13 Board Member Baker stated she noticed in the Staff Report that there was quite a bit of cut being exported, was any consideration given to lowering it even further so that you actually had underground parking rather then half underground, half above ground? Ms. Rosenstein answered yes. There are two factors related to that. The architect is here and can expound on these a little more. One is the significant cost factor in doing completely subterranean parking or even dropping it further then what they are doing. The second is the ramp and the angle of the ramp as you gain access to the site. You don’t have enough room to get the right pitch and you will lose parking spaces because that ramp, in order to not drop straight down, has to be so gradual that it takes a number of feet to get to the point where you can access the significant slope down. Board Member Baker said she had one other question. Why is there more interest in giving height variance rather then giving a roof pitch variance? Ms. Rosenstein said from staff‘s perspective, the 5 and 12 roof pitch is not only a significant design guideline, but a development standard. It is something that we are encouraging in all of our projects. The alternative would be to do a flat roof, and our staff hasn’t supported that. We haven’t seen the support to do that from the Board in the past or also from the Housing and Redevelopment Commission. Board Member Baker commented that it was safe to say we would rather have the 5 to 12 pitch and have a height variance. Ms. Rosenstein answered yes. Chairperson Marquez recognized Board Member Paulson who asked Ms. Rosenstein if the building, when looking at it, will it look like it is 35 feet high? Ms. Rosenstein agreed it will look like 35 feet high from adjacent properties. Board Member Paulson continued is that meeting the intent? It seems like it is not critical. Ms. Rosenstein answered that it is meeting the intent, but it would not be meeting the technical definition of how we define height. Board Member Paulson stated that he wished he had the letters earlier, because he went to the site last Saturday and looked at the building across the street, and that is a three-story structure and it looks like it is higher then this one is going to be. Ms. Rosenstein said that Jefferson House, based on our records, which is the senior apartment project across the street, is at 35 feet. That was what our land use documents show. Under construction, things do change, but it is right around 35 feet. Board Member Paulson said he couldn’t see any evidence that they dropped to a lower level like this building is, and I still bet it is higher. Ms. Rosenstein said they do not have the 5 and 12 roof pitch because it wasn’t required back then, but they do have a roof pitch. Chairperson Marquez recognized Board Member Heineman who asked Ms. Rosenstein if she knew for sure the height of Jefferson House. Ms. Rosenstein answered that the records show it scales out to 35 feet. They are older records. Also, Mr. Wojcik did bring up an important point. Back then there was also a different definition of building height and how the height was defined for Jefferson House; it could have been measured differently. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 7 of 13 Board Member Heineman asked Mr. Wojcik if it might actually be higher then as a result of the difference in measuring. Mr. Wojcik said yes there would be. The old way of measuring the height was from the face of the building, five feet out, measure the ground elevation there, and then you measure up. In some instances, people would have half of the building actually at street level, but they would mound up the earth against the building so that isn’t counted as building height. That was the difference between then and now. Board Member Heineman asked if that change just came in the past five or six years? Chairperson Marquez recognized Board Member Baker who asked Mr. Wojcik if the City has any requirements to have a final measurement of a building, so that if we expect this to be at 38.6, will it indeed be that. Mr. Wojcik answered it is not part of the final inspection. It is reviewed at the time of the building plans being submitted. The building plan consultant would check the plans against the approval to make sure it complies with those heights. Chairperson Marquez asked Ms. Rosenstein about the Parking In-Lieu Fee Program, can you clarify as to the proximity of these parking lots to the site, and did we have any requirements for these parking lots to be within a certain distance from the proposed sites? Ms. Rosenstein replied, the way the program is written, there are two zones: the downtown is broken up into two zones. Zone one are those properties that are fairly easy walking distance, real close proximity to all of our public parking lots. We have ten public parking lots. Zone two are those properties that are on the periphery of the downtown area. While it is still a five minute walk in many cases to our public parking lots, you can’t look across the street and see it or it is not down at the corner. Sometimes it is down the street, turn a corner, and that’s where the public parking is located. When measuring how far a particular property is away from our public parking lot, we typically do as the crow flies, a direct shot to it. The way our Parking In-Lieu Fee Program reads is that in Zone One, you can participate for more of the required parking the closer you are to a public parking lot, that applies to both Zone One and Zone Two, but in Zone One because you are already physically closer to these public parking lots, you can participate to a greater extent. This property happens to be located in Zone Two. They can qualify to participate up to 50% of their required parking because of their proximity to a public parking lot. Out of the 35 spaces, they could qualify for 17 spaces, and they are asking to participate in up to four. Chairperson Marquez asked what the utilization is for the closest parking lot to this project? Ms. Rosenstein answered the closest parking lots are on Roosevelt Street. There is one in the center of the block on the east side of Roosevelt, between Grand and Carlsbad Village Drive, and there is another one two lots south of that on the corner of Roosevelt and Carlsbad Village Drive. Based on the calculation that was done in August, most of them were around 79%. That was an overall utilization rate for all of our public parking lots, and keeping in mind that the public parking lots adjacent to the Coaster Station are almost 100% utilized at most of the times our counts are done, Monday through Friday for instance between 7 and 5 p.m. These two parking lots have a slightly lower utilization rate because they are not in close proximity to the Coaster Station plus they are also located across the street from my office so I can probably attest to how occupied they are. I would say 79% is probably on the high side; it depends on the time of day. Ms. Fountain, Director of Housing and Redevelopment, added that counts are actually done on every single one of our parking lots and the ones on Roosevelt stay at about 50 to 60% for most of the time. On Wednesdays, which is when our Farmer’s Market is, during that time that parking lot is not available; that is mid block Roosevelt. The one on the corner of Carlsbad Village Drive, in that case, will stay fully DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 8 of 13 utilized, but when they do these counts, they typically don’t do them on Wednesdays. They do them typically on Monday’s or Thursdays. Typically those lots themselves stay at 50 to 60%. As Ms. Rosenstein mentioned, the parking lots that are basically a 100% full all the time are the three that are closest to the commuter rail station. All the other parking lots usually average 50 to 60 and sometimes less. Chairperson Marquez thanked Ms. Fountain and Ms. Rosenstein. She asked Mr. Wojcik how many off- street parking spaces are there adjacent to the project. Board Member Heineman stated Mr. Wojcik would not know that. Chairperson Marquez continued, she asked Mr. Wojcik how the City was going to handle the grading in the rear setback of the project. Was that also going to be three feet lower, and how is the integrity of the property going to be retained? Mr. Wojcik replied the subject property would be lower then the adjacent property. It will be a three foot retaining wall viewed from inside the parking lot, and then on top of that would be an additional three feet of solid wall so from the parking lot, you see a six foot wall, but from the adjacent property, you just see a three foot wall. That would be towards the rear of the property, because the property slopes up as you are going towards Jefferson. Chairperson Marquez asked Mr. Wojcik if he is saying that on the property line there is going to be a six- foot wall and then a planter wall, perhaps a stubbed wall of three feet of plants. How are the plants going to be planted between the walls? The Board Members do not have a section of that in the plans. Ms. Rosenstein interjected that at the rear of the property there is a six-foot wall along the adjacent property, but it steps down to a three-foot retaining wall. Chairperson Marquez asked if she could outline that on the plans. Ms. Rosenstein pointed out the single-family residence next door. The view from the neighboring property, in this case it would be to the west, there is a six-foot wall along the rear property line. However, the entire parking lot is three feet lower then their adjacent grade. The landscaped area is a two to one slope, so it will slope up. Chairperson Marquez inquired as to the distance. Ms. Rosenstein answered it would be ten feet from the tree line. There is a five feet backup distance so that cars can back up and exit the site heading forward. From the asphalt paving in the parking lot, there will be a curb going up to a two to one landscaped slope with a six foot wall along the rear property line. Chairperson Marquez stated that would be sunk three feet below. So from the site, it will look like a nine foot wall from the rear of the site? Ms. Rosenstein agreed, but a portion of that would be a landscaped embankment. If the rear property line to the west has a six foot wall on it, then you will step down, slope down three feet to the parking lot. From the grade of the parking lot to the top of the wall is nine feet, but the wall itself is only six feet technically. Board Member Heineman commented that it looks like three feet from the outside. Ms. Rosenstein corrected him and said it will look like six feet from outside. Chairperson Marquez commented the plan is incorrect as far as north is. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 9 of 13 Both Board Member Heineman and Ms. Rosenstein agreed. Chairperson Marquez asked on the north and south side, how will that change in grade be handled in that rear setback area? Ms. Rosenstein answered that on the south side of the property it is the same, but in this case there is a three foot retaining wall as viewed from the subject property, and the wall on the adjacent property will be six feet so it will look like a nine foot wall from the subject property. That is needed in order to retain this property three feet lower then the adjacent grade on all sides. Chairperson Marquez asked about the north side? Ms. Rosenstein said it is the same on the north side. She pointed out the walkway for handicap accessibility. There will be a paved walkway adjacent to the property on the north side of the property. Along Jefferson Street, there will be two or three steps down to the front entryway. There are two handicapped parking spaces, and a wheelchair can enter the front lobby at the ground floor so there is no need to go down the steps. Chairperson Marquez inquired as to whether that slope into the split level parking garage going to meet the handicapped requirement at 5%? Ms. Rosenstein answered yes because in this case the slope is at the drive entrance. When you get to the other side of the property, it would be relatively flat except for enough grade to drain to the street. Chairperson Marquez said her last question was concerning signage. She feels it is wonderful that the building is going to have such a small sign, but what kind of sign will be approved for tenants within the building. Will there be a directory within the lobby area, is that going to be the restriction on their signage or will they be allowed to have signage on the exterior of the building? Ms. Rosenstein replied the applicant was asked what kind of signage they were proposing. We have one monument sign located directly between the vehicular access and the front pedestrian access on Jefferson Street. It is perpendicular to the street. No other signage on the face of the building is proposed. There will be address signage on the front identifying the address of the building. They have not mentioned, nor do we regulate what kind of directory signage they do inside. Chairperson Marquez asked if there were any other questions of the Board. Board Member Paulsen asked if he needed an office in this building, could he park on the street out in front? Board Member Heineman said certainly. Board Member Paulsen asked then what is the significance of four outside parking spaces; however many feet away they are? Are those people going to be required to park over there? Ms. Rosenstein explained the Parking In-Lieu Fee Program is set up to have each development responsible for satisfying their own parking requirements to create a level of fairness. We cannot force anybody to use any parking anywhere else; however, strongly encourage the applicant to have, for instance, employees park off site on the Roosevelt Street would be ideal. There is a lot of employee parking in our area that utilizes both Roosevelt parking lots, but we cannot control everybody who would be parking on this site. Of course, street parking is available to anybody at any given time. There is no time limits in this area and there is no paid parking. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 10 of 13 Board Member Paulsen said his other question deals with what provisions are there for storm water to get out from the parking area? Mr. Wojcik said there are slot drains just underneath the building. In the area that is open in the back, the rain would drain towards the slot drains. The slot drains go to a sump pump that will also have a battery backup in case there is a power outage, and that will be pumped back up to the street. Board Member Paulsen asked if there would be two of them? Mr. Wojcik said no, instead of having a backup pump, what we required them to do was to have a backup power system. Board Member Paulsen said if the power goes out, two power systems won’t do any good. Mr. Wojcik said but then you are assuming the pump goes out when there is a storm. Chairperson Marquez said after having heard staff report and since there are no other questions from the Board Members, I’d like to open the public hearing and ask the applicant to please step forward to make a presentation. Please state your name and address for the record and speak into the microphone. Scott Cairns of Smith Consulting Architects, representing Mr. Jessee who is present also. He thanked Debbie and Lori because a lot of time has been spent on this building. There have been a couple of different iterations, trying to satisfy all of the requirements, as it is a delicate balance. From Mr. Jessee’s side, he has to get a certain amount of square footage in order to make the project work, and at the same time, he has to respect the budget so that when he leases the property, it is economically feasible. Lori addressed the lowering of the building and not going full subterranean so we could get maximum parking, and not burdening the project with the cost of a full subterranean garage. When you only have a six thousand some square feet of leasable space, that is not a lot of space to lease and recover your investment in the project. We worked with Lori and Debbie to create a building that had a lot of articulation for not a large building, dealt with the roof, we buried the mechanical well which you can’t see any of the mechanical equipment because it is hidden in the center, and tried to create a street presence that really will make Jefferson a very pedestrian friendly street. There is a nice entry, seating area out in front, very friendly approach, created balconies to respect the residential, even though we realize one of the goals of the District 7 is to phase out residential, there is still going to be residents there for some time to come and we were trying to come up with a project that respects that residential component that will remain for a number of years. Also a design that is compatible with the design goals. Mr. Cairns continued that with so many different elements needed to be satisfied, and he feels they came up with a balance that works well. He asked if there were any further questions. Chairperson Marquez had a question regarding the balconies. Are the balconies just for articulation only or will they be useable? Mr. Cairns said the balconies in the front and on the south side are really very minimal and more for articulation. The balcony on the north side has a considerable amount of patio where tables could be placed. There was a restriction in the amount of space available, and it was better to concentrate it in one area that could really be useable with tables and chairs. Chairperson Marquez said okay, and asked how wide the front driveway apron is there? Mr. Cairns answered it shows up on A-1. It is 30 feet. Chairperson Marquez commented with the building side yards and a 30-foot driveway, then there is one off-street parking in front of the building. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 11 of 13 * Mr. Cairns said no, it is all landscaping in front of the building. Chairperson Marquez corrected him and said no she meant on-street parking, perhaps one space. She continued asking Mr. Cairns what type of tenancy are they looking for in this building? Mr. Cairns said besides Mr. Jessee’s business, it is going to be office. Chairperson Marquez asked how many square feet Mr. Jessee will occupy in the building? Mr. Cairns said he thinks it is about 2,500 square feet. Chairperson Marquez inquired as to what type of business Mr. Jessee is in? Mr. Cairns said they do safety programs for companies and all the required OSHA programs; they do the printing of all those documents for different companies. Mr. Jessee interjected they are a risk control consulting firm. Mr. Cairns said that is more impressive. He continued that it is primarily offices. Chairperson Marquez asked if any member of the public would like to speak? There is a request for a Mr. Jonathan Goll. Mr. Goll, please step forward and state your name and address for the record into the microphone. Mr. Jonathan Goll stepped forward, stated his name, his address is 2865 Jefferson Street, which is next door to the proposed project. He has several concerns. First is the Parking In-Lieu Fee Program. Looking at the map, it looks like a five to eight minute walk from the site to any of the existing lots. He commented that if he was working in the building, he would just park in the street. There is not a lot of street parking right now. It is pretty well utilized during the day. It is a very attractive building. He feels they’ve done a good job with the design of the building. The concern he has is that it is a huge building for that size of lot. He asked what the setback from either side to the property line would be? Chairperson Marquez said staff will make that presentation after you are finished. Just let us know what your concerns are. Mr. Go11 continued that he feels it is a very large project on a street that was originally designed to be residential. Maybe one of.them isn’t going to have a huge impact, but if there are a number of these oversized projects, it will certainly lose some of its charm in that area. You will have a monolithic view as you traverse the street. His other concerns include, though it will not be 38 and a half feet above his property, it will be 35 feet. Still, there is a significant shade impact and he is concerned about loss of privacy from the balconies that are out there. He understands there is a plan to phase out single-family residences in that area, but at the same time, it is a very desirable place to live, close to an improving downtown and he would hate to see all the residential leave that area. Board Member Baker asked Mr. Go11 if his property was the one that had the dumpster sitting in the front yard? What are you doing, remodeling? Mr. Goll answered that he is cleaning it up, changing floor, removing the brush, as it was tented for termites recently. Board Member Baker continued with her question, is that property used as a residence or as an office? Mr. Goll replied that it is a residence as a rental. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 12 of 13 Board Member Baker asked if his property was the same width and depth as the property to the north? Mr. Go11 answered that judging from the map, it is the same depth but a little bit narrower; it is a fairly narrow lot. Chairperson Marquez commented to Mr. Go11 that his lot is a non-conforming residential use. Mr. Go11 said he did not know what that means. Chairperson Marquez thanked Mr. Goll for his comments. She asked if anyone else was in the audience who would like to speak on this project. She asked Ms. Rosenstein to answer Mr. Goll’s question as to the side yards. Ms. Rosenstein said the proposed building, on the south side of the property, the building varies from five to ten feet to the side property line which is consistent with the setbacks for that area. There are portions of that building that are as close as five feet, but a majority of it are setback ten feet. On the north side of the building, the setback varies from five to thirteen feet, four inches, with a majority of it being ten feet back from side property line. Board Member Baker asked for a clarification from Ms. Rosenstein if she means it is five to ten feet from the property line or five to ten feet from the setback. Ms. Rosenstein said the building is five to ten feet from the side property line on the south side and five to thirteen feet from the property line on the north side. Chairperson Marquez asked the Board Members if they would like to speak on this project. Board Member Paulsen said he did not have any comments. Board Member Baker said she initially had some concerns about the variance of the building height, simply because she doesn’t like to be in a position to grant variances on building height. It puts us in a tough spot, but having said that, I recognize this property has some unique features about it that make it difficult to develop any other way and so I feel the applicant has addressed my concerns about the pitch in the roof and that from the street, it won’t appear enormous. Parking is always going to be a problem in the village, and I think the Parking In-Lieu Fee Program was created because the lots there are almost all too small to create on-site parking. I believe the Parking In-Lieu Program, though it is a long hike, is just a fact of life in the village. Over time, the best interest of the City and Jefferson would be served by going ahead with this project so I can support the project. Board Member Heineman agreed with Board Member Baker. He agrees the future of downtown is commercial and multifamily residential and doesn’t believe this building is going to look massive in the future. It will be across the street from Jefferson House, which is pretty massive in itself. He is not as concerned about parking as he might have been a year ago, but the Escrow building which is across Grand from this site and which gave us many worries because of parking, I know from personal experience it seems to be working out beautifully. I do feel this building is worth supporting, despite concerns about height. Chairperson Marquez said she was also concerned about the mass of this project, and it is too bad a developer couldn’t come in and do more from the corner; some sort of redevelopment of that whole area. Since the property owner wants to improve this property and has handled the challenge of getting the square footage that he needs in building with engineering his parking facilities to accommodate that, she feels this is the only way to handle this type of development on such an unusually narrow lot. In consideration of that, I also support the project as presented to the board. DESIGN REVIEW BOARD MINUTES FEBRUARY 24,2003 PAGE 13 of 13 ACTION: Motion by Vice Chairperson Heineman, and duly seconded by Board Member Baker, to adopt Design Review Board Resolution 291, recommending approval of RP 02-02 to the Housing and Redevelopment Commission based on the findings and including the condition regarding storm water management. VOTE: 4-0-0 AYES: Baker, Paulsen, Heineman and Marquez NOES: None ABSENT: Lawson Board Member Lawson returned to join the Design Review Board. NEW BUSINESS Ms. Fountain commented that the CRA Conference is next week, starting on Wednesday through Friday. Everyone should have received their information. The hotel rooms have been reserved as well as the registration to the conference. The only thing that might be needed is if anyone requires transportation. Everyone has been sent their confirmation. All reservations are under Ms. Fountain’s name. If any other information is needed, give Ms. Fountain a call. Ms. Jane Mobaldi, Assistant City Attorney, explained the law changed on January 1, 2003, with regard to conflicts. Now if you have a conflict, you have to announce with some specificity on the record what the nature of the conflict is so that a person would be able to determine what the nature is, whether it is financial interest, etc. If it has to do with property, you do not have to give your address, just announce you own property or you reside in property within 600 feet of that project, then you have to actually leave the room. The only exception to that is if you want to testify as a member of the public, not as a Board Member, giving your personal opinion, because you still have your right to free speech, with regard to the project, but other then that you leave the room. ADJOURNMENT By proper motion, the Regular Meeting of February 24,2003, was adjourned at 7:25 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENT1 Minutes Clerk MINUTES ARE ALSO TAPED AND KEFT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. Exhibit 5 Public Comment Letters I I t s February 2 City of cal Housing ar 2965 ROOS Carlsbad, ( Re: FV 02- To Whom ; My family planned prc both shoulc The reques allowed on 41 I 1 I I 6388396594 J GOLL PAGE 62 2003 )ad Redevelopment Department dt Street, Suite B 92008 , Kent Jesse Office Building May Concern: m the single-farnily residence at 2865 Jefferson Street, adjacent to the ct. X am concerned about two of the proposed variances, and believe that e denied. x a height variance infers that a structure larger than would nomally be at lot size is being planned. Given that the area is zoned for mixed use, th 4 massive structures will diminish livability and desirability of the residential uses. Additionally the charm of ?he downtown area will be degraded if many of &e lots arc packed with e maximum amount of structure. There is also an increasing amount of vehicle ttaffi along Jefferson Street, and any large projects are certain to exacerbate that problem. I I I take issue with is the Parking In-Lieu proposal. While this might some instances, the practicality in this case is that there is no lots within reasonable walking distance. Parking along problem, and it would be a shame to make it worse as a result I would like to commend the city on the many positive changes to the number ofresidences have been upgraded or built in of town, and I would like to see that trend continue. sincerely, 1 I I I . PACKARD DENTAL GROUP k 725 Grand Avenue'. Carlsbad, CA 92008 4 1 690 Enterprise Circle North Suite 1 1 4 Rancho California, CA 92390 Sl (7bOcj 729-4904 (7W) 699-4777 FAX ( 729-3 132 L Kent Jessee Office BuildingHousing & Redevelopment CommissionApril 1, 2003 Subject Property Adjacent Property to the North Adjacent Property to the South Adjacent Property to the West Adjacent Property to the West Adjacent Property to the East DRB RecommendationRecommending approval of project with findings to grant the following:“Variance to increase rear yard setback.“Variance to increase maximum height limit from 35’ to 38-6”.“Participation in Parking In-Lieu Fee Program for a maximum of four parking spaces.