HomeMy WebLinkAbout2005-06-14; Housing & Redevelopment Commission; 375; Tuscany Office SuitesAB# 375
MTG. 6/14/05
DEPT. HlRED
RECOMMENDED ACTION:
- TITLE: DEPT. H(&gj#
CITY ATTY.
CITY MGR
TUSCANY OFFICE SUITES
RP 04-12
That the Housing and Redevelopment Commission ADOPT Resolution No 397 , APPROVING a
Major Redevelopment Permit (RP 04-12) for the construction of a 2-story, 3,093 square foot
commercial office building on property located at 2753 Jefferson Street as recommended by the
Design Review Board, and ADOPT Resolution No. 398 , APPROVING a Parking In-Lieu Fee
Agreement for said project.
ITEM EXPLAN AT1 ON :
On April 18, 2005, the Design Review Board (DRB) conducted a public hearing to consider a major
redevelopment permit for a two-story, 3,093 square foot commercial office building in Land Use
District 7 of the Carlsbad Village Redevelopment Area. The 5,550 square foot site is located on the
west side of Jefferson Street between Arbuckle Place and Laguna Drive.
The site is bordered by a two-story commercial office building to the north, a single-family residence
to the south, a single-family residence to the west, and residential units across Jefferson Street to the
east. The remainder of the block is cpmprised of a mixture of uses of various sizes including; office
buildings, apartment projects, and single-family homes.
The subject property measures 55.5 feet wide by 100 feet deep, totaling 5,550 square feet and the
lot is currently vacant. The proposed development consists of the construction of a two-story
commercial office building comprised of two levels of office space and surface level parking. The
ground floor includes one 238 square foot commercial office suite with it's own restroom facilities, an
elevator, two stairways, a storage room, and an elevator machine room. Also on the ground floor
within the footprint of the building are eight parking spaces and an enclosed trash enclosure. The
second floor of the building consists of four office suites with a combined total of 2,855 square feet of
leasable office space, four private balconies (one for each office suite), one common balcony area,
and individual restroom facilities for each office suite. The property owner intends to occupy the 238
square foot office space on the first 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) to recommend
approval of the project as proposed with findings to grant the following:
1. Participation in the Parking In-Lieu Fee Program for a maximum of two parking spaces.
The approving resolution along with the Design Review Board staff report, the draft minutes of the
April 1 8'h meeting, and a copy of the public comment letter received by the Board are attached for the
Commission's review. In addition, the necessary resolution and corresponding Parking In-Lieu
Participation Agreement, enabling the property owners to participate in the Parking In-Lieu Fee
Program, are attached for the Commission's review and approval.
ENVIRONMENTAL REVIEW:
The Housing & Redevelopment 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
PAGE 2 OF AGENDA BILL NO. 375
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 $362,500. With the new construction, it is estimated that
the assessed value will increase to approximately $1.3 million. The increase in value will result in
additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $9,375
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 a
blighting influence (vacant property) within the area.
The current Village Parking In-Lieu Fee is $1 1,240 per required parking space to be provided off-site.
With a requirement to pay for two (2) parking spaces, the total revenue to the Carlsbad
Redevelopment Agency Parking Fund will be $22,480.
.. __ EXHIBITS:
1.
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6.
Housing & Redevelopment Commission Resolution No. 397 , APPROVING RP04-12.
Housing and Redevelopment Commission Resolution No. 398 , APPROVING a Parking In-Lieu
Fee Participation Agreement between the Commission and William V. Daly & Rosa C. Daly,
property owners at 2753 Jefferson Street in the Village Redevelopment Area.
Design Review Board Resolution No. 298, dated April 19, 2005.
Design Review Board Staff Report, dated April 18, 2005 w/attachments.
Draft Design Review Board Minutes, dated April 18, 2005.
Parking In-Lieu Fee Participation Agreement between the Commission and William V. Daly &
Rosa C. Daly.
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 397
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 04-12,
INCLUDING PARTICIPATION IN THE PARKING IN-LIEU FEE
PROGRAM FOR A MAXIMUM OF TWO PARKING SPACES, FOR THE
CONSTRUCTION OF A 3,093 SQUARE FOOT COMMERCIAL OFFICE
BUILDING ON PROPERTY LOCATED AT 2753 JEFFERSON STREET
IN LAND USE DISTRICT 7 OF THE CARLSBAD VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
APPLICANT: TUSCANY OFFICE SUITES
CASE NO: RP 04-12
WHEREAS, on April 18, 2005, the City of Carlsbad Design Review Board held a duly
noticed public hearing to consider a Major Redevelopment Permit (RP 04-12) for the
construction of a 3,093 square foot commercial office building on property located at 2753
Jefferson Street, and adopted Design Review Board Resolution No. 298 recommending to the
Housing and Redevelopment Commission that Major Redevelopment Permit (RP 04- 12) be
approved; and
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on
the date of this resolution held a duly noticed public hearing to consider the recommendation and
heard all persons interested in or opposed to Major Redevelopment Permit (RP 04- 12); and
WHEREAS, the recommended approval includes findings granting participation in the
Parking In-Lieu Fee Program for a maximum of two 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
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adequate facilities.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housi
Commission of the City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
g and Redevelopment
2. That Major Redevelopment Permit (RP 04-12) is APPROVED and that the findings
and conditions of the Design Review Board contained in Resolution No. 298, 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;
(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)
(d)
The project site has no value as habitat for endangered, rare or threatened species;
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:
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...
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 the 14th day of JUNE,
2005 by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Sigafoose
None
Council Members Lewis, Kulchin
‘ // ,Add CLAIM A. LEIVIS, CHAIRMAN
Matt Hall, Mayor Pro Tern
ATTEST:
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 398
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
AGREEMENT BETWEEN THE COMMISSION AND WILLIAM V.
DALY & ROSA C. DALY, PROPERTY OWNERS, FOR THE PROJECT
KNOWN AS THE TUSCANY OFFICE SUITES AT 2753 JEFFERSON
AREA.
APPLICANT: TUSCANY OFFICE SUITES
APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION
STREET, APN: 203-1 10-14, IN THE VILLAGE REDEVELOPMENT
CASE NO: RP 04-12
WHEREAS, on April 18, 2005, the City of Carlsbad Design Review Board held a duly
noticed public hearing to consider a Major Redevelopment Permit (RP 04-12) for the construction
of a 3,093 square foot commercial office building on property located at 2753 Jefferson Street,
and adopted Design Review Board Resolution No. 298 recommending to the Housing and
Redevelopment Commission that Major Redevelopment Permit (RP 04- 12) be approved; and
WHEREAS, on 6/14/2005 , the Housing and Redevelopment Commission approved a
Major Redevelopment Permit (No. 04-12) to allow William V. Daly and Rosa C. Daly, Property
Owners, to construct a 3,093 square foot commercial office building on property located at 2753
Jefferson Street (Assessor Parcel # 203-1 10-14) within the Village Redevelopment Area of the
City of Carlsbad; and
WHEREAS, as a condition of approval of Major Redevelopment Permit 04-12, the
Commission and Property Owners agreed to enter into an agreement to allow the Property
Owners to participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a
portion of the on-site parking requirement for the subject project; and
HRC RES0 NO. 398 PAGE 1
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WHEREAS, the Property Owners have agreed, by acceptance of the project conditions of
approval, to pay the established Parking In-Lieu Fee for a total of two (2) parking spaces to
satisfy a portion of the on-site parlung requirement for the approved office project located at 2753
Jefferson Street within the Village Redevelopment Area of the City; and
WHEREAS, the Commission finds that the subject property and project has qualified to
participate in the Carlsbad Redevelopment Agency’s Parking In-Lieu Fee Program and
participation in the program will satisfy a maximum of two (2) of the required parlung spaces for
the subject office project on the noted property at 2753 Jefferson Street; and
WHEREAS, the Commission has previously determined that the proposed project is
consistent with the goals and objectives of the Village Master Plan and Design Manual; and
WHEREAS, the Commission has previously determined that there is adequate public
parking available within the Village Redevelopment Area to accommodate a portion of the
subject project’s parking demands; and
WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of
this Parking In-Lieu Fee Participation Agreement.
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 the Housing and Redevelopment Commission hereby approves the Village
Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of
the Carlsbad Redevelopment Agency, and William V. Daly and Rosa C. Daly,
property owners of the project known as the Tuscany Office Suites which is to be
HRC RES0 NO. 398
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constructed at 2753 Jefferson Street, in the Village Redevelopment Area of the City of
Carlsbad.
3. That the Chairperson of the Housing and Redevelopment Commission is hereby
authorized to execute said Agreement, and the City Clerk is requested to forward the
executed Agreement to the County Recorder for recordation against the subject
property.
PASSED, APPROVED, AND ADOPTED at a special meeting of the
Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 14th
day of JUNE , 2005 by the following vote to wit:
AYES: Commissioners Hall, Packard, Sigafoose
NOES: None
ABSENT: Commissioners Lewis, Kulchin
ABSTAIN: None
CLAUDE A. LEWIS, CHAIRMAN Mayor Pro Tern Matt Hall
ATTEST:
RAYMOND R. PATCHETT, SECRETARY
HRC RES0 NO. 398
PAGE 3
EXHIBIT 3
DESIGN REVIEW BOARD RESOLUTION NO. 298
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DESIGN REVIEW BOARD RESOLUTION NO. 298
A RESOLWMON OF THE DESIGN REVIEW BOARD OF THE CITl OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 04-12, INCLUDING
PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A
MAXIMUM OF TWO PARKING SPACES, FOR THE CONSTRUCTION OF A
3,093 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY
LOCATED AT 2753 JEFFERSON STREET IN LAND USE DISTRICT 7 OF
THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASENAME: TUSCANY OFFICE SUITES
APN: 203-1 10-14
CASE NO: RP 04-12
WHEREAS, Bart M. Smith, “Applicant”, has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by Bill Daly,
“Owner”, described as Assessor Parcel Number 203-110-14, and more thoroughly described in
Attachment A, (“the Property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits ‘A-H” dated April 18, 2005, on file in the Housing and Redevelopment
Department, ‘Tuscauy Office Suites RP 04-12”, as provided by Chapter 21.35.080 of the
Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 18tb day of April 2005, 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
‘‘Tuscany Office Suites RP 04-12”.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Tuscany Office Suites RP 04-12,
based on the following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1.
2.
The Housing & Redevelopment 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 tbe State CEQA
Guidelines as an in-m 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 Housing L Redevelopment 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 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 April 18,2005 including, but not
limited to the following:
a. The proposed project is consistent with tbe 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, enbances 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 use 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.
d. The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or wiIl 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,
I\. DRB RES0 NO. 298 -2-
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landscaping, and hardscape. PnbUc 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 wbich 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 project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment; water;
drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
a The project bas been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer service
ia available, and building cannot occur within the project unless sewer service
remains available and the District Engineer is satisfied that tbe requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b. AU 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.
4. 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.
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. Tbe 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
DRB RES0 NO. 298 -3- ’L
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b.
C.
d.
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 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 an abundance of landscaping.
Adequate parking is available within the Viage to accommodate the project’s
parking demands. Bleed on the most recent parking study dated February 11,
2005, the average occupancy for all public parking lots is 80%. This utilization
ratio allows for continued implementation of the parking in-lieu fee program
because it is less than the 85V0 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.
GENERAL CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
bailding 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 over time, if any such conditions fail to be so implemented
and maintained according to their terms, the CityiAgency 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 fivther condition all certificates of occupancy issued
under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’dAgency’s approval of this Minor 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 OCCUT substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
DRB RES0 NO. 298 -4-
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4.
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10.
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
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
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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. 298 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 appmvd 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.
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19.
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 thereafler
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 8 parking spaces, as shown on
Exhibit “E ”.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
Prior to issuance of the building permit, the Developer shall enter into a Parking In-
Lieu Fee Participation Agreement and pay the established Parking Io-Lieu Fee for
two (2) 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 (2 spaces total).
Solid masonry walls shall be installed along all common lot lines that adjoin an
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existing residential use.
ENGINEERING CONDITIONS
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed redeveIopment, must be met prior to approval of a building or
grading permit whichever occurs first.
General:
I. Prior to hauling dirt or construction materials to or &om any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed had route.
2. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
FeedAmeemenb:
3. Developer shall cause proprty owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
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 property into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
5. Based upon a review of the proposed grading shown on the site plan, a grading permit for
this project is required. Developer shall apply for and obtain a grading permit from the
City Engineer prior to issuance of a building permit for the project.
6. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. 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:
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A. All owners and tenants shall coordinate efforts to establish or work witk
established disposal programs to remove and properly dispose of toxic anc
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 surfice pollutants
when planning any changes to the landscaging and surface improvements.
7. Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
SDecid conditioas:
8. The Average Daw Trips (ADT) and floor area coutained in tbe staff report and
shown on the site plan are for planning purposes only. Developer shall pay traffic
impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
Carlsbad M~nici~d Water District:
9. The ha1 approved site plan shall be revised to show the fire service pipe to be 6 inches in diameter. In addition, the double detector check valve shall be located on
private property as required per City Standard W-22.
10. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
1 1.
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12.
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The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
STANDARDC ODE 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.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
2.
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.
Engineerinr?:
6. Developer shall exercise special care during the construction phase of this project to
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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.
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NOTICE
Please take NOTICE that approval of your pmject includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“feesiexactions.”
You have 90 days from the date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required infomution 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 arc hereby FLJRTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and scwct connection fees and capacity charges, nor planning,
zoning, grading or other similar appticatiob processing or service fees in connection with this
project; NOR DOES IT APPLY to any fdexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired
PASSEB, APPROVED, AND ADOPTED at a regular maeting..of the Design Review
Board of the City of Carlsbad, California, held on the 18* day of April 2005 by the following
vote to wit:
AYES:
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
HEINEMAN, BAKER, LAWSON AND MARQUEZ
DESIGN REVIEW BOARD
A’ITEST
-. -- i 2uAu?Lv;h)
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 298 -1 1-
EXHIBIT 4
DESIGN REVIEW STAFF REPORT
(DATED APRIL 19,2005)
City of Carlsbad Housing and Redevelopment Department
A REPORT TO THE DESIGN REVIEW
BOARD
Apolication Complete Date: Staff Cliff Jones 6130104 David Rick
Environmental Review:
Categorical Exemption
ITEM NO. I
DATE: April 18, 2005
SUBJECT: RP 04-12 - "TUSCANY OFFICE SUITES": Request for a Major Redevelopment
Permit for the construction of a 2-story, 3,093 square foot commercial office
building on property located at 2753 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. 298
recommending APPROVAL of RP 04-1 2 to the Housing and Redevelopment Commission
based on the findings and subject to the conditions contained therein.
II. 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 request:
1) participation in the Parking In-Lieu Fee Program for a maximum of two parking
spaces.
The proposed project is not located within the Coastal Zone; therefore a Coastal Development
Permit is not required.
111. PROJECT DESCRIPTION AND BACKGROUND
The property owner, Bill Daly, has requested a Major Redevelopment Permit for the
construction of a 2-story, 3,093 square foot commercial office building on property located at
2753 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 Arbuckle Place and Laguna
Drive. The site is bordered by a two-story office building to the north, a single-family residence
to the south, a single family residence to the west, and residential units across Jefferson Street
to the east. The remainder of the block is comprised of a mixture of uses of various sizes
TUSCANY OFFICE SUITES - RP 04-12
APRIL 18,2005
PAGE 2
including office buildings, apartment projects, and single-family homes.
The subject property measures 55.5 feet wide by 100 feet deep, totaling 5,550 square feet and
the lot is currently vacant. The proposed development consists of the construction of a two-
story commercial office building comprised of two levels of office space and surface level
parking. The ground floor includes one 238 square foot commercial office suite with it's own
restroom facilities, and elevator, two stairways, a storage room, and an elevator machine room.
Also on the ground floor within the footprint of the building are eight parking spaces and an
enclosed trash enclosure. The second floor of the building consists of four office suites with a
combined total of 2,855 square feet of leasable office space, four private balconies (one for
each office suite), one common balcony area, and individual restroom facilities for each office
suite.
IV. 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.
V. 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 Quality Shopoina. Workina 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: lmprove the Pedestrian and Vehicular Circulation in the Villaae Area. The proposed
project has a strong street presence and promotes greater pedestrian activity by providing
enhanced landscaping and design along Jefferson Street
Goal 3: Stimulate Property Improvements and New Develooment in the Villaae. The Master
TUSCANY OFFICE SUITES - RP 04-12
APRIL 18,2005
PAGE 3
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 the surrounding area.
Goal 4: Improve the Physical Appearance 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
diversity ;
It establishes a commercial building whose scale and character are compatible with
surrounding residential neighborhoods;
It minimizes the land area required to accommodate additional parking in the Village
by participating in the Parking In-Lieu Fee Program; and
It results in a design which is sensitive to surrounding development within the area. 0
VI. 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 office 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 use 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.
VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS
TUSCANY OFFICE SUITES - RP 04-12
APRIL 18,2005
PAGE 4
The specific development standards for new development within Land Use District 7 are as
follows:
Buildinn 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-
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 is 5 feet
from front property line. On the south side of the building, the setback is 5 feet from side
property line. On the north side of the building, the setback is 5 feet from side property line.
The rear yard setback of the proposed building is 5 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, side, 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, side, and rear that fall within
the established setback range. The findings noted above for allowing a reduction of the front,
rear, 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 55.5 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 include great articulation on all sides of the building, therefore,
making the project design interesting and visually appealing.
Buildinn Coverage: 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 72%,
which is at the middle of the established range. Therefore, the building coverage is in
compliance with the established standard.
Buildinn Heiaht: 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 building height of the
proposed project is 33’-6” as measured from existing grade and therefore meets the building
height requirements. The proposed roof pitch is 512 and therefore meets the minimum
required roof pitch.
TUSCANY OFFICE SUITES - RP 04-12
APRIL 18,2005
PAGE 5
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 five (5) balconies on the second floor along four sides of the
building. The amount of open space for the proposed project accounts for 29.7% of the site,
which 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 parking
requirement for the 3,093 square feet of leasable office space is 10 spaces. The applicant is
proposing to provide 8 spaces on-site and 2 spaces off-site through participation in the Parking
In-Lieu Fee Program. The on-site parking spaces include 4 standard (9’ x 19’) parking stalls, 1
disabled accessible stall, and 3 compact (8’ x 15’) spaces. The number of proposed compact
spaces equates to 38% 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 property/business 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 twenty-five percent (25%) of the on-site parking requirement for
the proposed new development. The applicant is requesting participation in the Program for
two (2) parking spaces or 20% 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.
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PAGE 6
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:
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.
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: 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 an abundance of landscaping.
Adequate parking is available within the Village to accommodate the project's parking
demands. Based on the most recent parking study dated February 11, 2005, the
average occupancy for all public parking lots is 80%. This utilization ratio allows for
continued implementation of the parking in-lieu fee program because it 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 two (2) 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 Housinq Requirements: There is no residential
component proposed within this project. Therefore, residential density and inclusionary housing
requirements are not applicable to this project.
VIII. 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:
I. Development shall have an overall informal character.
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APRIL 18,2005
PAGE 7
2. Architectural design shall emphasize variety and diversity.
3. Development shall be small in scale.
4. Intensity of development shall be encouraged.
5. All development shall have a strong relationship to the street.
6. A strong emphasis shall be placed on the design of the ground floor facades.
7. Buildings shall be enriched with architectural features and details.
8. Landscaping shall be an important component of the architectural design.
9. Parking shall be visibly subordinated.
IO. 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
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 512 roof pitch, various sized multi-
paned windows with decorative stone trim and complimentary colored mullions, stone columns,
balconies on the second story of the front and rear of the building with open column or wrought
iron railings visible from all sides, and decorative wrought iron trellis’ attached to the side of the
building on ground floor levels. The project has a strong relationship to the street in that it is
situated in close proximity to the street and incorporates various architectural elements.
Landscaping plays an important role in the architectural design of the building provided through
wrought iron trellises with flowering vines along the north and south elevation and the rear
(west) of the building which work in conjunction with multiple stucco colors and accent windows
to break up what would otherwise be blank walls. Landscaping between adjacent uses is not
only visually appealing but acts as a buffer providing 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. A summary of the design features related to the project is provided as an
exhibit to this report (See attached Exhibit B).
IX. 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): 62 ADT
Due to the size of this project, this project does not trigger the need for a traffic study. This project
has direct access to Jefferson Street. 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: 1.72 EDU’s
Sewer lines for this project will gravity flow, via an existing private 6 inch sewer lateral that
connects to an existing public sewer main in Jefferson Street.
TUSCANY OFFICE SUITES - RP 04-12
APRIL 18,2005
PAGE 8
Water:
Water District: Carlsbad Municipal Water District
GPD required: 220 GPD/EDU x 1.72 EDU's = 378 GPD
Water service to the project will be provided via an existing water lateral that connects to an
existing water main in Jefferson Street. A separate water service will be added for the required
building fire sprinkler system.
G radi nq :
Quantities: Cut: 80 cy Fill: 80 cy Export: 0 cy Remedial: 0 cy
Permit required: Yes
Offsite approval required: No
Hillside grading requirements met: n/a
Preliminary geotechnical investigation performed by: Soils Testers, dated March 21, 2004.
The geotechnical report indicates that no major grading or soils related issues are anticipated with
the proposed project.
Drainaae and Erosion Control:
Drainage basin: Buena Vista Watershed
Runoff potential: High
Existing surface storm runoff currently drains in westerly direction. This project proposes to
collect and convey storm water by surface flow in an easterly direction to Jefferson Street.
Land Title:
Conflicts with existing easements: No
Public easement dedication required: No
Site boundary coincides with Land Title: Yes
The right-of-way widths on Jefferson Street exceed City standards. Therefore, no additional right-
of-way dedications are required.
Improvements:
Offsite improvements: No
Standard Waivers req u ired : No
No public improvements are required as part of this development. Standard curb, gutter and
sidewalk exists along the project frontage.
TUSCANY OFFICE SUITES - RP 04-12
APRIL 18,2005
PAGE 9
Storm Water Quality:
The project must comply with the Standard Requirements described under the Standard Urban
Storm Water Mitigation Plan (SUSMP). Proposed measures include directing parking lot runoff
through a grass swale and incorporating erosion control during grading.
X. ENVIRONMENTAL REVIEW
The Housing & Redevelopment 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.
XI. 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.
XII. CONCLUSION
Staff is recommending approval of the project with findings for the following:
I) Participation in the Parking In-Lieu Fee Program for a maximum of two 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 Plan.
A.
B.
C.
D.
E.
F.
EXHIBITS:
Design Review Board Resolution No. 298 recommending approval of RP 04-12.
StaffAnalysis of Project Consistency with Village Master Plan Design Guidelines.
Location Map.
Map of Public Parking Resources.
Attachments “A - H”, dated April 18, 2005, including reduced exhibits.
Project letter of support.
VILLAGE MASTER PLAN DESIGN GUIDELINES
CHECKLIST
Site Planning:
Provide variety of setbacks along any single commercial
block front.
Provide benches and low walls along public pedestrian
frontages.
Maintain retail continuity along pedestrian-oriented
frontages.
~ ~ ~ ~ ~
Avoid drive-through service uses.
Minimize privacy loss for adjacent residential uses.
Encourage off-street courtyards accessible from major
pedestrian walkways.
Emphasize an abundance of landscaping planted to
create an informal character.
Treat structures as individual buildings set within a
landscaped green space, except for buildings fronting on:
Carlsbad Village Drive, State Street, Grand Avenue,
Carlsbad Boulevard and Roosevelt Street
Parking and Access:
Provide landscaping within surface parking lots
Provide access to parking areas from alleys wherever
possible.
Locate parking at the rear of lots
Devote all parking lot areas not specifically required for
parking spaces or circulation to landscaping.
Avoid parking in front setback areas.
Avoid curb cuts along major pedestrian areas.
Avoid parking in block corner locations.
~~
Project: Tuscany Office Suites
The front setback of the proposed project is 5 feet
along Jefferson Street. A variety of setbacks exist
along Jefferson Street. The adjacent office and
residential properties effectuate a variety of
setbacks.
The project does not incorporate benches or low
walls but provides 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 the landscaping as well as the 6-
foot decorative walls provided along the sides and
the rear of the property minimize privacy loss for
adjacent residential uses.
The nature of the use does not warrant off-street
courtyards for pedestrian use.
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.
Landscaping is provided along the perimeter of all
surface parking.
The subject property does not abut an alley.
~ ~ ~ ~ ~
Parking is located at the rear of the lot and
underneath the building.
All parking lot areas not specifically required for
parking spaces or circulation are devoted to
landscaping.
No parking is provided in the front setback area.
One minimum width curb cut is provided on
Jefferson St.
Site is not located on a corner.
Provide setbacks and landscaping between any parking
lot and adjacent sidewalks, alleys or other paved
pedestrian areas.
Avoid buildings which devote significant portions of their
ground floor space to parking uses.
Place parking for commercial or larger residential
projects below grade wherever feasible.
Enhance parking lot surfaces to divide parking lot paving
into smaller segments.
Building Forms:
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 height along
block faces.
Utilize simple building forms. Trendy and “look at me”
design solutions are strongly discouraged.
Roof Forms:
Emphasize the use of gable roofs with slopes of 7 in 12
or greater.
A majority of the parking is completely screened
from public view by being integrated into the
building.
Although much of the parking is located at ground
level with the building above, the project is
designed with the front entrance having a strong
presence in the front of the building along
Jefferson St. with the parking structure located
behind. The ground level parking is fully
integrated into the building design and plays a
more subordinate role by being fully screened.
The width, depth, and smaller size of the lot
makes below grade parking difficult. The applicant
has chosen to participate in the Parking In-Lieu
Fee Program by providing a portion of the required
parking off-site, which helps reduce the amount of
parking on-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.
Surface ornamentation on the front, sides, and
rear of the building and balconies on the second
story 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.
The height of the building as viewed from the
adjacent office property is consistent with the
height of the office and multifamily developments
in the neighborhood and 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 minimum
required pitch of 5:12 have been provided within
2
Encourage the use of dormers in gable roofs.
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.
Building Facades:
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.
the project.
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, stone columns,
wrought iron trellis', and decorative column railings
along the balconies incorporating visual interest
into all sides of the building.
~
Multi-paned windows with decorative stone trim
are used through out the project.
The building design provides for recesses and
projections on all sides of the building as well as
different building color shades which will create
shadows and contrast.
The upper levels of this commercial building
provide for balconies, concrete baluster column
railings, and attractive window features that reflect
special attention in design.
The upper levels of this building will be accessed
through stairways that has little visibility from the
street. Special treatment on the ground floor level
includes decorative stone columns, landscaping,
and decorative doors and windows along the front
e levati on.
Detail elements have been incorporated into the
building which include; decorative trim around the
windows, open railings along the balconies,
projecting trims, architectural designs along the
upper level, and decorative stone.
3
Respect the materials and character of adjacent
develop men t .
Emphasize the use of the following wall materials: wood
siding; wood shingles; wood board and batten siding; and
stucco.
Avoid the use of the simulated materials; indoor/outdoor
carpeting; distressed wood of any type
Avoid tinted or reflective window glass.
Utilize wood, dark anodized aluminum or vinyl coated
metal door and window frames.
Avoid metal awnings and canopies.
Utilize light and neutral base colors.
Limit the materials and color palette on any single
building (3 or less surface colors)
Commercial Storefronts:
Provide significant storefront glazing.
Avoid large blank walls.
Encourage large window openings for restaurants.
Encourage the use of fabric awnings over storefront
windows and entries.
Emphasize display windows with special lighting.
Encourage the use of dutch doors.
Utilize small paned windows.
Develop a total design concept.
Provide frequent entries.
The materials and colors proposed for the building
will not conflict with adjacent developments.
The exterior walls utilize a textured stucco finish of
neutral color.
None of the noted materials have been indicated
for use.
The windows are clear glass.
Wood or vinyl coated doors and window frames
will be utilized.
No metal awnings and canopies are proposed.
The project utilizes a light and neutral color
scheme.
The project incorporates one primary color, two
complimentary 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, see through
paned windows and doors are part of the front
elevation.
The project has been designed not to have large
blank walls.
Project does not include a restaurant use.
No fabric awnings to be used; not a retail or
storefront operation.
The office use does not have a need for display
windows.
The project design does not lend itself to the use
of dutch doors.
Windows of various sizes and shapes are included
throughout the project.
All facade design elements are unified. The appli-
cant was able to develop a total design concept
which is also functional and visually interesting.
The project incorporates a single primary entry
along Jefferson Street, which is appropriate to the
use.
4
Limit the extent of entry openings to about 30% of
storefront width or 8 feet, whichever is larger, to preserve
display windows.
exterior pull down shutters and sliding or fixed
security grilles over windows along street frontages.
Emphasize storefront entries.
Integrate fences and walls into the building design. I1
Residential:
Encourage front entry gardens
Locate residential units near front property lines and
orient entries to the street.
Provide front entry porches. /I Provide windows looking out to the street.
Utilize simple color schemes.
Provide decorative details to enrich facades
Emphasize "cottage" form, scale and character
Emphasize an abundance of landscaping. 11 Limit access drives to garages or surface parking areas.
Encourage detached garages which are subordinate in
visual importance to the house itself. 11 Provide quality designed fences and walls.
Vis ua I I y separate mu Iti-fa m i I y develop men ts in to smaller
components.
The extent of the entry opening has been limited
through the design of the building.
The project does not include pull down shutters,
sliding or fixed security grilles over windows along
the street frontage.
The front entrance is emphasized through the
design of a two-story arched, glass entryway
situated close to the street.
Fences and walls have been incorporated into the
building design.
Not applicable.
Not applicable.
Not a p p I i ca b I e.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not a p p I i ca b I e.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
5
SI
TUSCANY OFFICE SUITES
RP 04-12
ATTACHMENT D
M p
k
I f :
lot I
I i$ P 3 .!e
LL
1111 I 118
EXHIBIT 5
DRAFT DESIGN REVIEW BOARD MINUTES
(DATED APRIL 19,2005)
Minutes of:
Time of Meeting:
Date of Meeting: Place of Meeting:
DESIGN REVIEW BOARD
6:OO P.M. APRIL 18,2005
SENIOR CENTER
CALL TO ORDER
Chairperson Heineman called the Meeting to order at 6:02 p.m.
PLEDGE OF ALLEGIANCE
Chairperson Heineman asked Board Member Baker to lead the group in the Pledge of Allegiance.
ROLL CALL Chairperson Heineman proceeded with the roll call of Board Members.
Present: Board Members:
Chairperson:
Absent:
Staff Present: Housing and Redevelopment Director: Assistant Planner: Assistant Engineer: Assistant City Attorney:
Julie Baker
Tony Lawson
Sarah Marquez
Courtney Heineman
None
Debbie Fountain
Cliff Jones David Rick Jane Mobaldi
APPROVAL OF MINUTES
ACTION:
March 28, 2005, meetings.
The Board unanimously approved the minutes of the February 28, 2005, and the
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA
There were no comments from the audience.
NEW BUS IN ESS
Chairperson Heineman asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present
the item on the agenda tonight.
Ms. Fountain stated the first item on the agenda is Tuscany Office Suites. This is a request for a major redevelopment permit and then will move on the City Council with your recommendation. The project
planner, Cliff Jones, and the project engineer, David Rick, will make the presentation.
Cliff Jones, Assistant Planner, said the applicant, Bart Smith, is requesting a major redevelopment permit
for the construction of a two-story, 3,093 square foot commercial office building on property located at
2753 Jefferson Street in Land Use District 7 of the Carlsbad Village Redevelopment Area. The proposed project requires a major redevelopment permit because it involves new construction of a building that has
a building permit valuation that exceeds $1 50,000. In accordance with redevelopment permit procedures,
DESIGN REVIEW BOARD MINUTES
APRIL 18,2005
PAGE 2 of 8
the major redevelopment permit is being brought forward for recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission.
The subject property is located along the west side of Jefferson Street in between Arbuckle Place and Laguna Drive. The subject property is currently vacant, totaling 5,500 square feet with building frontage
along Jefferson Street. The property is bordered by a two-story office building to the north, a single-family residence to the south at the corner of Jefferson Street and Arbuckle Place, an office building to the south
across from Arbuckle Place along Jefferson Street, to the west or the rear of the project exists a single-
family residence, and to the east of the proposed project there are single-family and multi-family
residences, which are outside the redevelopment area and located in the R3 zoning designation.
The proposed development is for a two-story office project with five office suites. The ground floor
includes 238 square feet of office space with its own restroom facilities. There is an elevator, two
stairways, a storage room, and an elevator machine room. Also on the ground floor within the footprint of the building are eight parking spaces. The second floor of the building consists of four office suites with a
combined total of 2,855 square feet. Also on the second floor there are four private balconies, one
common balcony area, and individual restroom facilities for each office suite. Access to this office project
is to be provided off of Jefferson Street.
The Village Master Plan and Design Manual includes the regulations governing development within the
village. The proposed project is within Land Use District 7 of the Village Redevelopment Area. Office is a
permitted use within Land Use District 7. The overall vision for the development of District 7 is to accommodate professional and medical offices containing new structures and converted residences. The
development standards promote individual buildings setback 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 village area. The land use standards encourage the phasing out of existing
single-family residential uses over time.
Staff believes that the proposed office project assists in satisfying the goals and objectives set forth in Land Use District 7 through the following actions:
0
0
0
0
0
It provides a desirable use.
It serves as a catalyst for future development.
It provides for the development of a vacant lot.
It is compatible with the surrounding area.
It increases the number of quality and diversity of office space within the village.
The proposed project meets all of the required development standards outlined within the Village Master
Plan. The project provides for an abundance of open space and landscaping, provides adequate building
coverage, the building height of the project is in compliance with the established standard set just below the permitted maximum height at 33.5 feet, and the project meets the parking requirements of the Village
Master Plan if the Design Review Board makes the appropriate findings for participation in the Parking In-
Lieu Fee Program. The required amount of parking for this office project equates to ten spaces. The
applicant is requesting participation in the Parking In-Lieu Fee Program for two of the required ten parking spaces. The remaining eight parking spaces will be provided on site. The required justification for
participation in the Parking In-Lieu Fee Program is contained within the Design Review Board Resolution.
In Land Use District 7, the front yard setback is five to twenty feet. The side and rear yard setbacks are
both five to ten feet. The proposed project falls within the required setback ranges set at the minimum setback range of five feet for the front, rear and side yard setbacks.
The proposed project is also consistent with the design principles outlined in the Village Design Manual.
The project provides for an overall informal character in design. The project design provides multi-paned
windows with various sizes and decorative stone, trim and recesses. The project provides multiple roof
DESIGN REVIEW BOARD MINUTES
APRIL 18,2005
PAGE 3 of 8
elements with a 5 and 12-roof pitch. Decorative stone columns are provided along the lower level of the
building faCade. On the second floor, the balconies contain decorative stone columns, which compliment the stone columns of the first floor, and wrought iron decor is provided for the wrought iron trellises
attached to the lower levels of the side and rear of the building.
The project provides various stucco colors as well and varied building materials. Parking is visually
subordinate contained within the building appropriately. The following four slides show the elevations of the proposed project's design with mature landscaping as seen from the east, west or the rear, the south,
and the north.
The Housing and Redevelopment Department has conducted an environmental review of the project
pursuant to the guidelines for implementation of the California Environment Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of the said review, the project has
been found to be exempt from the environmental review pursuant to Section 15332 of the State CEQA
guidelines as an infill development project. The necessary findings for this environmental determination is included in the attached Design Review Board Resolution. The proposed project is also 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, and this increase in
property tax will further result in an increased tax increment to the Redevelopment Agency.
Second, the project may serve as a catalyst for other improvements in the area; either new development
or rehabilitation of existing buildings through the elimination of a blighting influence within the area.
In conclusion, staff is recommending approval of the project with findings for the participation in the
Parking In-Lieu Fee Program for a maximum of two 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 Plan.
Board Member Lawson commented that Mr. Jones made reference to the open space for the project, and
the project data sheet on the full sized plans listed the building and lot coverage at 72%. When calculating
the open space, how does that work where you can have 72% building coverage and open space of 29.7,
which don't the two of them need to equal loo%?
Mr. Jones said the building coverage is actually for the footprint of the building itself. The open space
calculation does include the balcony space on the second floor. That is where the difference in the calculation is.
Board Member Lawson continued then the total amount of open space is adding up the additional on
those five balconies?
Mr. Jones said that is correct.
Board Member Lawson asked if that has always been the case for all projects?
Mr. Jones answered yes.
Board Member Lawson said his other question is regarding the garage area. The garage area appears to
have only two openings that are always open which would be the front drive and then the turnaround on
the south side. Is that correct?
Mr. Jones said there is one additional door
Board Member Lawson added that it is not open so the residence directly to the west would not be getting
any of the openings for vehicular noise. Is that part of the reason why that was designed that way?
DESIGN REVIEW BOARD MINUTES
APRIL 18,2005
PAGE 4 of 8
Mr. Jones said that would be a question best answered by the architect.
Board Member Lawson said we could wait until he gives his presentation.
Bart Smith, the applicant of the project, and Bill Daly is the property owner. This project is an upscale
project. Most of the suites have fireplaces in them. We are trying to create suites that will be used by
professionals for office space. It will be including an elevator even though it is not required. The building will have a variety of uses. It can be used by medical or dental professionals. The reason the parking
area is enclosed is because of Building Department issues with the property line. Anytime you are within ten feet of a property line, you need to have the area enclosed so the fire cannot come from another property into your property. On the south side we have a turnaround where we pushed the balcony above
ten feet away from the property line. At the front where it is open to the public, there is no prior existing requirement there.
Each of the suites on the second floor will have a fireplace and its own handicapped accessible bathroom.
Each one has its own private balcony as well as there is a main balcony with a fountain and a seating area
for all tenants to enjoy. We will use a clay-roofing tile, which is the highest end roofing material. The banding that goes underneath the clay-roofing tile is going to be a variegated slate stone material. We will
be using a couple of different colors of stucco to give the building more depth. We will install concrete
balusters for all the balconies. Everything used is a low maintenance product. We are hoping the building will last 75 to 100 years before it needs any heavy-duty maintenance on it.
We tried to give a nice facade to the street with a low roof over the first story element. We tried to hide the
parking under the building so you don't see it. All of the windows are wrapped with the slate material that goes around the upper wainscoting of the building. We tried to maximize the number of windows. Where
the parking garage is enclosed with walls, we've added columns around that perimeter as well as steel trellises.
Chairperson Heineman asked if they were planning on four professional suites?
Mr. Smith answered there are four suites on the second floor that are good sized. Mr. Daly, the owner, will
be using the bottom suite, which is only about 300 square feet as his own personal office.
Chairperson Heineman said he noticed there wasn't anything mentioned about renting that suite. So that will be used by the owner?
Mr. Smith said yes, that is the plan.
Board Member Baker asked if there would be lights on in the parking garage at night? I am a little
troubled by a parking garage that looks like a black hole. I appreciate that the parking is underground and sometimes when they are, they have a tendency to look like a big black, dark ugly concrete hole.
Mr. Smith said the parking lot is going to be paved with an enhanced concrete material. It will not just be
black asphalt. It will have some texture to it. The building code requires there is a certain amount of lighting in that parking garage so we will have lighting throughout the whole night. It will be as much
lighting as an outdoor parking lot. Instead of having high light standards, we will have ceiling lights in the
parking garage.
Board Member Baker asked if they will be on all the time or will they be on sensors?
Mr. Smith said they will probably be on sensors. The exterior of the building will have lights as well.
Board Member Baker asked if he anticipated that during the day there will be enough light?
DESIGN REVIEW BOARD MINUTES
APRIL 18,2005
PAGE 5 of 8
Mr. Smith said he thinks there will be plenty of light in the parking garage during the day. The lights will be
on some type of sensor.
Board Member Baker said she noticed the cars are parked at a right angle so they are out of view.
Mr. Smith said that is correct. We have the opening on the south side so we get some sunlight in there.
Board Member Marquez said she noticed on Unit 4, it seems the toilet is directly under a window. When
you look at the elevations on that, it looks like the window is down rather low. It is adjacent to that balcony
area where it is fixed so nicely. I was wondering if we could move that window.
Mr. Smith said the window’s header height is at eight feet and the bottom is three feet off the floor. Most
toilets are a little bit lower then three feet. So the issue for us to get the window spacing right so the two windows in the unit, the open part of the unit next door, the space of those two windows is adequate. I
don’t think the height of the window is a problem.
Board Member Marquez commented that if you are sitting on the balcony, you will be able to look directly
into the bathroom.
Mr. Bill Daly, the owner of the property, stated the windows will be opaque.
Mr. Smith did say there is a planter there in front.
Board Member Marquez commented yes there is a planter. The window will be three feet.
Mr. Smith said right, that window will probably be obscured so you won’t be able to see into it.
Board Member Marquez said okay. She continued by asking when it shows the section of the courtyard, that would be on A5, then you can see the set of windows on the east courtyard does not mirror that
window. The two windows line up directly with the other two windows on the other side. I noticed that you
had a window on the south side as well.
Mr. Smith said we have tried to have as many windows as possible to give the building more pizzazz.
Board Member Marquez commented that it is a bathroom.
Mr. Smith agreed, but it is on the courtyard. I think we can agree to remove that or make the window
opaque.
Board Member Marquez said she was also wondering about signage on the exterior of the building. How
do you expect to accommodate signage for your tenants?
Mr. Smith said that issue was never raised. We do have some space on the east elevation between the column and the window on the first floor unit. We could put a signage board there or in or around that corner from that column next to the stairs. I’m not sure Mr. Daly was concerned with advertising. It isn’t
really retail, it is just offices, so I don’t think he was concerned about advertising.
Board Member Marquez asked if he would be putting in a directory?
Mr. Smith said yes, the signage would mostly be just the directory.
Board Member Marquez continued by asking about the address. Do you know where you will be putting
the address on the building?
DESIGN REVIEW BOARD MINUTES
APRIL 18,2005
PAGE 6 of 8
Mr. Smith answered yes, it will probably be an address with A, B, C, D and E. Would Mr. Jones know better about how we would address the building? Probably an address with suite letters?
Mr. Jones answered right.
Mr. Smith said the address would be put over the parking garage entry or somewhere visible like that. We
would use a nice raised copper or bronze lettering system.
Board Member Marquez commented that they would be participating in the Parking In-Lieu Fee Program.
Do we still have availability?
Ms. Fountain said they will pay for two spaces. It is not a specific lot. As long as the Parking In-Lieu Fee
Program is still in effect, they can participate with the City Council approval. The Council will actually have to approve their agreement to participate in the Parking In-Lieu Fee Program and subject to the public parking that is available in the Village. Depending on where you are located in the Village, you can participate in the program.
Board Member Lawson commented that he appreciates the challenge they have because of the size, it is
not a large lot. You did a good job with trying to fit this in. I do want to get a little clarification with respect
to the uses. You mentioned that you foresaw maybe medical office use or something along those lines.
Given that you are participating in the Parking In-Lieu Fee Program, where do you anticipate those patrons actually parking? What is your expectation on the parking situation?
Mr. Smith said he would expect the employees at the site wouldn’t park too much in the building itself. That would be reserved for customer parking. We have two spaces on site for each suite. We are
hopefully able to have a 20-foot driveway so we have two spaces probably in front of our site on the street.
Right now, we are the only office building right on the street there. There is one adjacent to us, but they have their own parking lot. Mr. Daly really doesn’t have any tenants signed up to go in the building.
Mr. Daly, the owner of the building, lives at 3570 Ridgecrest in Carlsbad. His experience with medical,
dental and doctors is that they need lots of room that doesn’t necessarily get used very often. The two that are interested in the building are looking at taking the top suite on the north side making it one unit.
They would have an office manager making appointments, the technical assistant and the doctor himself and the rest of the suite is equipment. The people I am speaking to are specialist, and they don’t have a high volume of traffic. The parking situation will actually be lighter if I have a medical office situation. It
would be the same as compared to a mortgage, real estate office or accounting. If I’m able to get a medical use in the building, it should help the parking situation.
Board Member Baker asked if the parking standard was greater for a medical and dental then it is for regular offices?
Ms. Fountain answered that in the Village it is the same.
Board Member Lawson asked about the perimeter fencing. Are there plans for around the perimeter as
well? Whenever you are coming in and changing the land use, and you’ve got adjacent neighbors that are ~~ probably wondering about that.
Mr. Smith answered that they have the detail on the A-1 sheet. Mr. Daly neighbors, and they are excited he is going to put a wall up.
Mr. Daly said the attorneys next door have been bugging him about wher talking about the blue building on the north side.
ias talked to a number of the
the wall will be put up. I am
DESIGN REVIEW BOARD MINUTES
APRIL 18,2005
PAGE 7 of 8
Mr. Smith said currently the site slops towards the west on to the residential property so part of our reason for installing the walls is to use the bottom foot to two feet in certain areas as a retaining wall so we can
bring the site up on Jefferson.
Chairperson Heineman closed the public hearing and opened for the Board discussion.
Board Member Lawson moved that the Design Review Board adopt Design Review Board Resolution
Number 298, recommending approval of RP 04-12 to the Housing and Redevelopment Commission based upon funding and subject to the conditions contained therein.
Board Member Marquez seconded the motion.
Board Member Lawson said he can support the project. However, he would like to go on record as stating for purposes of projects when looking at the amount of open space, I’d like to see a little bit more realistic standpoint of recognizing the open space within these areas. I know it is tight. It is basically a five-foot
setback, but when you visit this site as was the case with the Escrow Transfers building, you get two stories of office right up against the property line. That gets really tight, and in an urban infill situation five
feet of a strip doesn’t really give you much. I’d almost rather see a way that you are going to have something, then have it almost a zero lot line and get ten feet on one side so at least that space feels
better. That is just a thought back to staff to find a way to creatively look at accommodating an applicant’s
need to make a site useable and viable but also make it livable. Sometimes those narrow spaces I have to question. I have worked in them, and they also become very difficult to landscape. They tend to be
very hard to keep plant material growing because they tend to be either dark or stay too wet or dry out because of those conditions. This project followed the guidelines and I can support it from that standpoint,
but I do feel a concern that if we keep getting all of these, we end up with nothing but these little spaces in
between tall buildings.
Chairperson Heineman reiterated that Board Member Lawson was addressing that more to staff then to
this project.
Board Member Lawson confirmed because usually there isn’t an opportunity to get on the record for that kind of a concern. But I do support this project.
Assistant City Attorney Mobaldi commented that the standards are within the Design Manual.
Ms. Fountain said in the Village Master Plan open space is supposed to be 20% and that takes into
consideration the courtyard, walkways, and the patios.
Board Member Lawson said he is not suggesting 20% is the wrong number. He is just looking at it from a
standpoint aside from the people who are in that building. I look at a project and see how well it fits within
our community. We don’t all go up on to second floors and realize there is a balcony tucked back behind
there. I think there is a way in which buildings need to have a curb appeal. I just want to make sure we
are seriously looking at that beyond just the numbers.
Board Member Board said she can support the project. She has a few misgivings. She is concerned
about the overhang of the garage and it might look like a dark hole. It does meet the guidelines.
ACTION: Motion by Board Member Lawson, and duly seconded by Board Member Marquez, to adopt Design Review Board Resolution number 298, recommending approval of RP 04-1 2 to
the Housing and Redevelopment Commission for a major redevelopment permit for the construction of a
two-story, 3,093 square foot commercial office building on property located at 2753 Jefferson Street in Land Use District 7 of the Carlsbad Village Redevelopment Area.
DESIGN REVIEW BOARD MINUTES
APRIL 18,2005
PAGE 8 of 8
VOTE: 4-0-0
AYES: NOES: None
ABSTAIN: None ABSENT: None
Heineman, Baker, Lawson and Marquez
DIRECTOR’S REPORT
Ms. Fountain wanted to share that staff is currently looking at the development standards for the Village area. We have done some economic studies and have an architect working with us to look at our
development standards to determine whether or not there are constraints to development in the Village area. If we find that any of them are, we will be making recommendations to the Council to change the development standards. That will be coming back to the Design Review Board before it goes to the City Council.
We may have some short-term suggestions and then some long-term suggestions. Right now we are not
looking at completely changing all of our development standards, but in the future we may look at it
differently.
ADJOURNMENT
By proper motion, the Special Meeting of April 18, 2005, was adjourned at 655 p.m.
Respectfully submitted,
Debbie Fountain
Housing and Redevelopment Director
PATRICIA CRESCENT1 Minutes Clerk
55
EXHIBIT 6
PARKING IN-LIEU FEE AGREEMENT
A, DOC # 2005-0579829
n
RECORDING REQUESTED BY: $ City of Carlsbad
$f WHEN RECORDED MAIL TO:
Carlsbad Redevelopment Agency
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad. California 92008
I I Iil'l'll It Ill lllll lllll lllll lit11 lllll Ill11 lllll Ill11 11111 lllll Ill1 Ill1
JUL 11,2005 8:47 AM
i Illlli 11111 llill illllllillU1!111i11 lllll !Ill 11111 11111 Ill11 11111 lllll11111111
(Space above for Recorder's Use)
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
PARTICIPATION AGREEMENT
PARKING IN-LIEU FEE PROGRAM
THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this / y4day
,2005, by and between the CARLSBAD HOUSING AND REDEVELOPMENT
corporate and politic (hereinafter referred to as the "Commission"), and William
V. Daly & Rosa C. Daly, property owners, (hereinafter referred to as the "Program Participants"), is
made with reference to the following:
RECITALS
A. Program Participants are the owners of certain real property located at 2753 Jefferson
Street (APN: 203-1 10-14) in the City of Carlsbad, County of San Diego, State of California, described in
"Attachment A", which is attached hereto and incorporated herein by this reference, and which is the
subject of a Major Redevelopment Permit (RP 04-12), which provides conditional approval of a 3,093
square foot professional office building ("Project") on the subject property.
B. Condition No. Is of approved Design Review Board Resolution No. 298 states that this
Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and
the Program Participants prior to the issuance of a building permit for the subject Project. Design Review
Board Resolution No. 298 provides that the Program Participants pay a Parking In-Lieu Fee for a total of
two (2) parking spaces which in effect purchases parking credits from the Carlsbad Redevelopment
Agency. The Program Participants shall pay the approved Parking In-Lieu Fee (per parking space) in
effect at the time of building permit issuance to satisfy a portion of the parking requirement for the
subject Project according to the requirements set forth in this Agreement.
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual
covenants contained herein, the parties agree as follows:
1. THE RECITALS ARE TRUE AND CORRECT.
2/26/99
2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE
PAYMENT OF PARKING IN-LIEU FEE.
(a) Performance under this Agreement satisfies the Program Participants's obligation for
providing two (2) on-site parking spaces for the land covered by Major Redevelopment
Permit No. 04-12 by reason of the Housing and Redevelopment Commission approvals of
Major Redevelopment Permit 04-12, including Condition No. listed in Design Review
Board Resolution No. 298.
(b) The Program Participants shall pay the Parlung In-Lieu Fee for a total of two (2) parlung
spaces as established by the Commission, and, as required by Condition No. of Design
Review Board Resolution No. 298, the fee shall be paid prior to the Program Participants
receiving a building permit for the subject Project. The fee shall be the sum total of the fee
per parking spaces needed (2) to satisfy the Project's parking requirement.
(c) The Program Participants shall have no right to designated parking spaces within the public
parking lots located within the Village Redevelopment Area, or at any other location within
the City of Carlsbad, nor shall the Program Participants have exclusive use of any public
parking spaces. Through participation in the subject Parking In-Lieu Fee Program, the
Program Participants agrees to assist the Carlsbad Redevelopment Agency in funding the
provision of existing, and/or the provision of new, off-street public parking spaces within the
Village Redevelopment Area of the City of Carlsbad. The Commission has approved Major
Redevelopment Permit 04-12 conditioned upon the Program Participants's payment of a
Parking In-Lieu Fee for a total of two (2) parking spaces.
3. REMEDIES
Failure by the Program Participants to perform in accordance with this Agreement will constitute
failure to satisfy the requirements of Chapter 2 1.35 of the Carlsbad Municipal Code, the Village Master
Plan and Design Manual, and Condition No. 18 of Design Review Board Resolution No. 298. Such
failure will allow the Commission and/or City to exercise any and all remedies available to it including
but not limited to withholding the issuance of building permits for the subject project and property.
4. HOLD HARMLESS
Program Participants will indemnify and hold harmless (without limit as to amount) Commission
and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively
referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage
(including expense) sustained or incurred because of or by reason of any and all claims, demands, suits,
or actions obtained, allegedly caused by, arising out of or relating in any manner to Program
Participants's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees,
and any of them with respect thereto.
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5. NOTICES
All notices required pursuant to this Agreement shall be in writing and may be given by personal
delivery or by regstered or certified mail, return receipt requested to the party to receive such notice at
the address set forth below:
TO THE CITY:
Housing and Redevelopment Commission
Housing and Redevelopment Department
Attn: Housing & Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
TO THE PROGRAM PARTICIPANTS:
William V. Daly & Rosa C. Daly
P.O. Box 260
Carlsbad. CA 92008
Any party may change the address to which notices are to be sent by notifjmg the other parties of the
new address, in the manner set forth above.
6. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and no modification hereof
shall be binding unless reduced to writing and signed by the parties hereto.
7. DURATION OF AGREEMENT
Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon
payment of the parking in-lieu fee for the two (2) parking spaces for the subject Project, the Program
Participants shall have no further obligations under this Agreement.
8. SUCCESSORS
This Agreement shall benefit and bind the Program Participants and any successive owners of the
subject project as described in Attachment A to this Agreement.
9. JURISDICTION
Program Participants agrees and hereby stipulates that the proper venue and jurisdiction for any
resolution of disputes between the parties arising out of this Agreement is San Diego County, California.
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10. SEVERABILITY
In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any cou
of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force a
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year
first above written.
PROGRAM PARTICIPANTS COMMISSION
Property Owner Housing and Redevelopment Commission, a --
Rosa C. Dah
(Print Name/Title)
(Proper notarial acknowledgment of execution by Program Participants must be attached)
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL. Citv Attorney
BY:
1 STATE OF CALIFORNIA }ss . COUNTY OF SAN DIEGO 1
On fhdly 19, zaT before me, A. CASAS 1
personally appeared ~lrr/,cnm Y Oa/y &/a4 Ra- e. /dY
cc , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) flare
subscribed to the within instrument and acknowledged to me that Wthey executed the same
in h;cLher/their authorized capacity(ies), and that by hkerltheir signature(s) on the instrument the
person@) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signatu re *
(This area for official notarial seal)
Title of Document &$ [/
L/ NO. of Pages c
k kulm9d
Date of Document sY/d CLt
Other signatures not acknowledged
3008 (1194) (General)
First American Title Insurance Company
ATTACHMENT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Address: 2753 Jefferson Street
Assessor Parcel No.: 203-1 10-14
The subject property is more specifically described as:
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
THE NORTHEASTERLY 100.00 FEET OF THE NORTHWESTERLY 55.60 FEET OF THE
SOUTHEASTERLY 241 .OO FEET OF LOT 47, SEASIDE 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.
2/26/99
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
June 04'h, 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 06* Day of June, 2005
This space is for the County Clerk's Filing Stamp
~~ ~
Proof of Publication of
une Olson
NORTH COUNTY TIMES
Legal Advertising
CITY OF CARLSBAD
NOTICE OF PUBLIC HEARING
TUSCANY OFFICE SUITES
NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of
Carlsbad will hold a Public Hearing in the City Council Chambers located at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008 at 6:OO PM on Tuesday, June 14, 2005, to consider
approval of a Major Redevelopment Permit No. RP04-12 for the construction of a two-story,
3,093 square foot commercial office building on the property located at 2753 Jefferson Street
in Land Use District 7 of the Carlsbad Village Redevelopment Area. In addition, the
Commission will consider approval of the related Parking In-Lieu Fee Agreement for two (2)
parking spaces.
As a result of the environmental review under the California Environmental Quality Act (CEQA)
and the Environmental Protection Ordinance of the City of Carlsbad, the Housing and
Redevelopment Department has determined that the project is categorically exempt from the
requirement for preparation of environmental documents pursuant to Section 15332 of the
State CEQA Guidelines as an infill development project. The Housing and Redevelopment
Commission will also be considering approval of the environmental determination during the
public hearing.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. If you have any questions or would like a copy of the staff report which will be
available on and after Friday, June 3, 2005, please contact Cliff Jones in the Housing and
Redevelopment Department, 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008-2389, at
(760) 434-2813, between the hours of 7:30 a.m. and 530 p.m. on weekdays, or e-mail
ciones@ci.carlsbad.ca.us.
If you challenge the Major Redevelopment Permit, No. RP04-12, the Parking In-Lieu Fee
Agreement, and/or the environmental determination in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE NO. RP04-12
CASE NAME: TUSCANY OFFICE SUITES
City of Carlsbad
City Council
SI
TUSCANY OFFICE SUITES
RP 04-12
Tuscany Office SuitesHousing & Redevelopment CommissionJune 14, 2005
SITE
Adjacent Office Building to the North
Adjacent Residence to the South
Residence to the West (Rear)
Residences to the East across Jefferson Street
Office building on Jefferson Street
Proposed Development2-Story Office Building5 Office Suitesz1 office suite ground floor totaling 238 sq.ft. z4 office suites 2ndfloor totaling 2,855 sq.ft.
Standards ComplianceBuilding CoverageRequired: 60%-80%Proposed: 72%HeightRequired: 35’ w/ min 5:12 roof pitchProposed: 33.5’ w/ 5:12 roof pitchOpen Space Required: 20%Proposed: 29.7%ParkingRequired: 10 spaces (1 space / 300 sq.ft.)Proposed: 8 spaces; 2 spaces proposed for Parking In-Lieu Fee ProgramSetbacks Proposed:Front:5 feetN. Side:5 feetS. Side:5 feetRear:5 feet
Project DesignEast Elevation (Front)South Elevation
Project DesignWest Elevation (Rear)North Elevation
Goals & Objectives of Land Use PlanProposed Project:Provides desirable permitted useDevelopment of a vacant lotCompatible with surrounding area.Serve as catalyst for future developmentIncreases the number, quality, and diversity of office space within the Village.
Environmental ReviewProposed project is an in-fill development and exempt from environmental review. No comments received.DRB recommended approval of exemption from environmental review.
DRB RecommendationDRB voted 4-0 to recommend approval of the project with findings to grant the following:Participation in the Parking In-Lieu Fee Program for a maximum of two parking spaces.