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HomeMy WebLinkAbout2006-04-04; Housing & Redevelopment Commission; 383; Madison SquareHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL o UJsCCQ. QL V) V) OO AB# 383 MTG. 4/4/06 DEPT. HIRED TITLE: MADISON SQUARE RP 04-24 DEPT. HD.^^V f CITY ATTY. P&S ^--^ CITYMGR -VV^ RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 413 , APPROVING a Major Redevelopment Permit RP 04-24 for the construction of a 6,234 square foot, three-story, four- unit condominium on the property located at 2737 Madison Street in Land Use District 1 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1 as recommended by the Design Review Board. ITEM EXPLANATION: On January 23, 2006, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit for a three-story, four-unit condominium project totaling 6,234 square feet in Land Use District 1 of the Carlsbad Village Redevelopment Area. The 8,648 square foot site is currently vacant and is bordered by a surface parking lot to the south, postal office and surface parking lot to the west, a one-story residential apartment building to the north, and a residential use across the street to the east. The proposed project involves the construction of four residential condominiums. There are two floor plans for the four proposed units. Floor plan one totals 1,514 square feet and floor plan two totals 1,603 square feet. Each floor plan contains 3-bedrooms, 2 bathrooms, and direct access to the garage. Parking is provided for each unit through two car garages and two covered guest parking spaces are provided as required. Each unit within the project is also equipped with a second and third story balcony for recreational purposes. The project includes extensive landscaping within and around the project, a pleasant architectural design, and decorative walls along the Madison Street frontage. Vehicular access to the site is off Madison Street and residents may access the units through the garage or at entries along the south side elevation. At the public hearing, the Design Review Board members voted unanimously (5-0) to recommend approval of the project as proposed with findings to grant the following: 1. Establishment of the High Residential (RH) density designation for the subject property with a corresponding density of 15-23 dwelling units per acre and a Growth Management Control Point (GMCP) of 19 dwelling units per acre; The approving resolution along with the Design Review Board staff report, and the draft minutes of the January 23rd meeting are attached for the Commission's review. 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 and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. No comments PAGE 2 were received on the environmental determination. The necessary finding for this environmental determination is included in the attached Housing & Redevelopment Commission resolution. FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax. The current assessed value of the project site is $342,884. With the new construction, it is estimated that the assessed value will increase to approximately $2.5 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $ 21,571 per year. Additionally, 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. EXHIBITS: 1. Housing & Redevelopment Commission Resolution No. 413. APPROVING RP04-23. 2. Design Review Board Resolution No. 305 dated January 23, 2006. 3. Design Review Board Staff Report dated January 23, 2006, w/attachments. 4. Design Review Board Minutes, dated January 23, 2006. i HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 413 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 04-24 FOR THE CONSTRUCTION OF A 6,234 SQUARE FOOT, THREE- 5 STORY, FOUR-UNIT CONDOMINIUM ON THE PROPERTY LOCATED AT 2737 MADISON STREET IN LAND USE DISTRICT 6 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 . 8 APPLICANT: BRUCE B. BAKER CASE NO: RP 04-24 _ 9 1° WHEREAS, on January 23, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 04-24) for the 12 construction of a 6,234 square foot multi-family condominium on the property located at 2737 13 Madison Street, and adopted Design Review Board Resolution No. 305 recommending to the 14 Housing and Redevelopment Commission that Major Redevelopment Permit (RP 04-24) be approved; and16 j 7 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on 1 8 the date of this resolution held a duly noticed public hearing to consider the recommendation 19 and heard all persons interested in or opposed to Major Redevelopment Permit (RP 04-24); 20 and 21 WHEREAS, the recommended approval includes findings establishing the High 22 Residential (HR) density range of 15-23 dwelling units per acre for the subject property; and 23 WHEREAS, as a result of an environmental review of the subject project conducted 24 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 to2o 21 be categorically exempt from the requirement for preparation of environmental documents 28 pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a HRC RESO NO. PAGE 1 1 site of less than five acres in an urbanized area that has no habitat value and is served by 3 adequate facilities. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and 5 Redevelopment Commission of the City of Carlsbad, California as follows: ^ 1. That the foregoing recitations are true and correct. 7 2. That Major Redevelopment Permit (RP 04-24) is APPROVED and that the 8 findings and conditions of the Design Review Board contained in Resolution No. 305, on file 9 in the City Clerk's Office and incorporated herein by reference, are the findings and conditions 10 of the Housing and Redevelopment Commission. 3. That the Housing and Redevelopment Commission of the City of Carlsbad has 13 reviewed, analyzed and considered the environmental determination for this project and any 14 comments thereon. The Housing and Redevelopment Commission finds that: 15 (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 17 , •regulations; 18 (b) The proposed development occurs within city limits on a project site of no 19 more than five acres and substantially surrounded by urban uses; 20 (c) The project site has no value as habitat for endangered, rare or threatened 22 species; 23 (d) Approval of the project would not result in any significant effects relating to 24 traffic, noise, air quality, or water quality; and 25 (e) The site can be adequately served by all required utilities and public services. 27 28 HRC RESO NO. Ll PAGE 2 ' 1 The Housing and Redevelopment Commission finds that the environmental determination reflects the independent judgment of the Housing and Redevelopment Commission of the City 4 of Carlsbad. 5 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: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC RESO NO. P PAGE 3 O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE TO APPLICANT: "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her 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 4th day of April, 2006 by the following vote to wit: AYES: Commissioners Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None ATTEST: RAYM ,SECRETARY 5 ^/ESTABLISHED \\ '- - *: }u>- \%\ 1970 f§~ HRC RESO NO. PAGE 4 DESIGN REVIEW BOARD RESOLUTION NO. 305 DATED JANUARY 23, 2006 1 DESIGN REVIEW BOARD RESOLUTION NO. 305 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-24 FOR THE 4 CONSTRUCTION OF A 6,234 SQUARE FOOT, THREE-STORY, FOUR-UNIT CONDOMINIUM ON THE PROPERTY LOCATED AT 2737 MADISON STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE 6 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: MADISON SQUARE 8 APN: 203-102-16 9 CASE NO: RP 04-24 10 WHEREAS, Bruce B. Baker, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Tamarack Park, 13 LLC, "Owner", described as Assessor Parcel Number 203-102-16, and more thoroughly 14 described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-E" dated January 23, 2006, on file in the Housing and Redevelopment 17 . _ Department, "Madison Square RP 04-24", as provided by Chapter 21.35.080 of the Carlsbadlo 19 Municipal Code; and 20 WHEREAS, the Design Review Board did on the 23rd day of January, 2006, hold a duly 2i noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 24 25 "Madison Square (RP 04-24)." 26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 27 follows: 28 A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Madison Square RP 04-24, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 4 r 1. 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 6 the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 7 Guidelines as an infill development project, hi making this determination, the Housing & Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein and with the 10 findings contained herein for the establishment of the RH density designation for the project is in conformance with the Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design ^2 Manual based on the facts set forth in the staff report dated January 23, 2006 including, but not limited to the following: 13 a. The proposed project is consistent with the goals and objectives for the Village, 14 as outlined within the General Plan, because it provides for a multi-family residential use in an appropriate location within the Village. This in turn serves to enhance the Village by providing the necessary residential support. The 16 location of the project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units will 17 enhance the Village as a place for living and working. The project will also be close to existing bus routes, furthering the goal of new economic development near transportation corridors. 19 b. The project is consistent with Village Redevelopment Master Plan and Design 20 Manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project 21 provides a new residential development that will improve the physical _« appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same 23 architectural elements found in residential projects. 24 c. The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 26 d. The existing streets can accommodate the estimated ADTs and all required 27 public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public DRB RESO NO. 305 -2- facilities have been or will be constructed to serve the proposed project. The 2 project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants, which 3 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 6 the City's Landscape Manual. 7 f. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. 9 g. The proposed project is consistent with the Housing Element of the General 10 Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been 11 conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) 12 13 h. The proposed project meets all of the minimum development standards set forth in Chapter 21.45.080, and has been designed in accordance with the concepts 14 contained in the Design Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates many of the architectural features of surrounding developments. The buildings, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual, which serves as the adopted land use plan for the area. The overall plan for the project 17 provides for adequate usable open space, circulation, off-street parking, recreational facilities and other pertinent amenities. The parking is well integrated into the building and the project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. Common areas and recreational facilities are located so that they are readily accessible to 20 the occupants of the dwelling units. The overall architecture is compatible with the surrounding area and consistent with the Village character as set forth in the 21 Village Design Manual. 99 3. The Design Review Board hereby finds that the appropriate residential density for the project 23 is RH (15-23 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density 24 designation is as follows: 25 a. The density is compatible with the surrounding area, which contains a variety of uses including multi-family residential, single-family residential, commercial and office. Application of the RH General Plan designation on the subject property would allow for the proposed multi-family development, which is a provisional use in District 1 and would be compatible with the mixture of surrounding uses 28 in terms of size, scale, and overall density. DRB RESO NO. 305 -3- 1 2 b. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, 3 and affordability of housing units within this area of the Village. The higher density designation allows for future development that would be consistent with 4 the development in the area and the goals and objectives of the Redevelopment Master Plan. /- c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 1 by increasing the number of residential units in close proximity to 7 shops, restaurants, and mass transportation. Higher residential densities in close proximity to areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. 11 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, 14 The project has been conditioned to ensure that building permits will not be I-5 issued for the project unless the District Engineer determines that sewer service ,, is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of 17 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 18 b. All necessary public improvements have been provided or are required as conditions of approval. 20 c. The project has been conditioned to provide proof from the Carlsbad Unified 21 School District that the project has satisfied its obligation to provide school facilities. 22 ~<i d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. 24 e. The Public Facility fee is required to be paid by Council Policy No. 17 and will 25 be collected prior to the issuance of building permit. 5. The Design Review Board has reviewed each of the exactions imposed on the Developer 27 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 28 degree of the exaction is in rough proportionality to the impact caused by the project. DRB RESO NO. 305 -4- 1 GENERAL CONDITIONS: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 building permits. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be <- implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented 6 and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future 7 building permits; deny, revoke or further 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 9 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment 10 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. 13 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 14 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. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 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. 20 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 21 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 23 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 24 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 25 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 27 28 DRB RESO NO. 305 -5- 1 ^ 6. The Developer shall submit to the Housing and Redevelopment Department a 2 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 3 7. This approval is granted subject to the approval of Minor Subdivision 04-17 and is subject to all conditions contained in Design Review Board Resolution No. 305 for this 5 other approval and incorporated by reference herein. 6 8. 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. o 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 9 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 10 10. 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 12 Plan prior to the issuance of building permits. 13 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 14 , - 12. 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 16 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 17 facilities will continue to be available until the time of occupancy. 18 13. Approval is granted for Major Redevelopment Permit RP 04-24 as shown on Exhibits 19 A-E, dated January 23, 2006, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown 20 unless otherwise noted in these conditions. 21 HOUSING CONDITIONS: 22 14. At issuance of building permits, or prior to the approval of a final map and/or issuance of 23 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as 24 an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 26 LANDSCAPE CONDITIONS: 27 15. 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 DRB RESO NO. 305 -6- landscaping as shown on the approved Final Plans, and maintain all landscaping in a 2 healthy and thriving condition, free from weeds, trash, and debris. 3 16. 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 4 project's building, improvement, and grading plans. 17. Developer shall pay a landscape plan check and inspection fee as required by Section 6 20.08.050 of the Carlsbad Municipal Code. 7 MISCELLANEOUS CONDITIONS: ° 18. The Developer shall establish a homeowner's association and corresponding covenants, g conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of 10 a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the 11 Department of Real Estate and the Housing and Redevelopment Director. At a ^ minimum, the CC&Rs shall contain the following provisions: 13 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 14 of, or in which the City has an interest. 15 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 17 within 30 days for the official record. 18 19. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for 19 such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. 21 20. 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 22 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 24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 25 21. All roof appurtenances, including air conditioners, shall be architecturally integrated and 26 concealed from view and the sound buffered from adjacent properties and streets, in 2_ substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 28 DRB RESO NO. 305 -7- 22. Prior to occupancy of the first dwelling unit the Developer shall provide all required 2 passive and active recreational areas per the approved plans, including landscaping and recreational facilities. 3 NOTICING CONDITIONS: 4 5 6 7 8 9 10 14 15 16 17 successor in interest. 12 QN-SITE CONDITIONS: 13 22 23 24 25 „28. The project shall have a master cable television hookup. Individual antennas shall 26" 27 28 23. 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. 305 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 24. 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. 25. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment Director. 26. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 19 20 ii When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 27. 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. not be permitted. 29. There shall be separate utility systems for each unit. DRB RESO NO. 305 -8- 1 ^ 1 STANDARD CODE REMINDERS: 2 The project is subject to all applicable provisions of local ordinances, including but not limited to the 3 following code requirements. Fees 4 1. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 5 required by Chapter 20.44 of the Carlsbad Municipal Code. 6 2. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 3. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad n Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 10 General 11 4. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 12 5. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 13 Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otherwise specifically provided herein. 14 6. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code 15 Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the 17 approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing & Redevelopment Director prior 18 to installation of such signs. 19 ENGINEERING CONDITIONS: 20 1. Prior to the issuance of a grading permit the applicant shall obtain an administrative approval of Minor Subdivision MS 04-17, consistent with this Major Redevelopment Permit RP 04-24. 22" 23 24 25 26 27 28 DRB RESO NO. 305 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 23rd day of January, 2006 by the following vote to wit: AYES: Heineman, Baker, Lawson, Marquez, and Schumacher NOES: None ABSENT: None ABSTAIN: None r DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 305 -10-n ATTACHMENT"A" LEGAL DESCRIPTION APN 203-102-16-00 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF LOT 37 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT WHICH IS NORTH 55 DEGREES 27' EAST 170 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT; THENCE SOUTH 34 DEGREEES 33' EAST ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT, 50 FEET; THENCE NORTH 55 DEGREES 27' EAST ALONG A LINE PARALLEL WITH THE SAID NORTHWESTERLY LINE OF SAID LOT, 203.24 FEET TO THE NORTHEASTERLY LINE OF SAID LOT;THENCE NORTH 34 DEGREES 33' WEST ALONG SAID NORTHEASTERLY LINE, 50 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT; THENCE SOUTH 55 DEGREES 27' WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT, 203.24 FEET TO THE POINT OF BEGINNING. DESIGN REVIEW BOARD STAFF REPORT WITH ATTACHMENTS DATED JANUARY 23, 2006 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 6/28/2005 Bob Wojcik Environmental Review: Categorical Exemption ITEM NO. 2 DATE: January 23, 2006 SUBJECT: RP 04-24 "Madison Square": Request for a Major Redevelopment Permit to allow the construction of a 6,234 square foot, three story, four-unit condominium on the property located at 2737 Madison Street in Land Use District 1 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 305 recommending APPROVAL of RP 04-24 to the Housing and Redevelopment Commission based on 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 greater than $150,000. The project also requires processing of a Minor Subdivision (MS 04-17) subject to the City Engineer's approval because the project involves separate ownership of four dwelling units. In accordance with redevelopment permit procedures, the major redevelopment permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The Design Review Board is being 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. The proposed project is not located within the Coastal Zone; therefore, a Coastal Development Permit is not required for the subject project. III. PROJECT DESCRIPTION AND BACKGROUND The applicant and part owner, Bruce B. Baker, has requested a Major Redevelopment Permit for a 6,234 square foot, three-story four-unit condominium project. The property is located at 2737 Madison Street in Land Use District 1 of the Carlsbad Village Redevelopment Area. The subject property is currently vacant totaling 8,648 square feet after a 20 foot street dedication, with building frontage along Madison Street. The vacant site is bordered by a surface parking lot to the south, postal office and surface parking lot to the west, a one-story residential MADISON SQUARE JANUARY 23,2006 PAGE 2 apartment building to the north, and a one-story office building across Madison Street to the east. The majority of the east and west side of Madison Street include single-family and multifamily residences and the majority of Arbuckle Place includes residences on both sides of the street. According to City records, the last known use for this site was a detached 768 square foot single-family dwelling unit, which was in a state of deterioration. The property owner at the time, not seeing any value in the structure, demolished the unit in 1994 in order to make the property more marketable. To this date, the lot has remained vacant. 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 multi-family residential use in an appropriate location within the Village. This in turn serves to enhance the Village by providing the necessary residential support. The location of the project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units will enhance the Village as a place for living and working. The project will also be close to existing bus routes, furthering the goal of new economic development near transportation corridors. 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: GoaM: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment. The proposed project will result in the development of new condominium units where residents will be located in District 1, the retail and commercial core of the Village Area. The new residences will increase the number, quality and diversity of housing units within the Village, particularly those in proximity to transit, shopping and employment for those people seeking to reside in the downtown area. The attractive architectural design will serve to enhance the site and the surrounding area. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The project will provide a new sidewalk that will connect with the existing sidewalk south of the property improving pedestrian circulation. Additionally, the proposed project will be in close proximity to MADISON SQUARE JANUARY 23, 2006 PAGE 3 both bus and rail mass transit options and will thus encourage and promote the use of mass transit, further improving vehicular circulation in the Village. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically by developing an existing vacant lot. Staff sees the development of the vacant subject property as a key catalyst for future redevelopment along both Madison Street and Arbuckle Place. Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is visually appealing and sensitive to surrounding development within the area. The architecture of the new structure meets the requirements of the design guidelines for the Village. The new structure is three stories, and is stepped back from the property lines, which reduces the impact the building has on the surrounding neighborhood. Therefore, construction of the proposed project will reinforce the Village character with appropriate site planning and architectural design and materials that comply with City standards and requirements. VI. CONSISTENCY WITH VILLAGE LAND USE PLAN The site of the proposed project is located within Land Use District 1 of the Village Redevelopment Area. Multi-family residential projects are a provisional use within this district. Considerations that must be addressed to assess the appropriateness of this particular provisional use within District 1 are: 1) that the multi-family residential use is appropriate to the site and adjacent development, and 2) that the site is adequate in size and shape to accommodate required on-site parking without adversely affecting the visual environment of the Village. Staff concludes that the proposed project complies with both of these considerations. First, the multi-family use is consistent with the adjacent land uses, which include a one-story apartment building to the north, a post office and surface parking lot to the south and west, and a one-story office building to the east. Also, a majority of the surrounding properties along Madison Street and Arbuckle Place are residential uses, which makes the proposed project compatible with the surrounding area. Finally, staff has determined that the site is adequate in size and shape to accommodate the required on-site parking for both the future residents and their visitors. Location and development criteria that must be assessed for provisional multi-family projects within District 1 are that; 1) residential and parking uses should not displace desired retail uses or lessen active street frontage, 2) sites should accommodate parking requirements on-site or below grade, 3) residential units should not be placed in proximity to health hazards, 4) provision should be made to buffer train noise, and 5) multi-family housing located near the rail station should be constructed as part of a mixed-use development project. Staff concludes that the proposed project complies with the criteria for the following reasons. First, the proposed residential project will not displace desired retail space along the 2700 block of Madison Street for a majority of the uses are currently residential and are compatible with the surrounding neighborhood. Second, all proposed parking for the project is contained on site MADISON SQUARE JANUARY 23,2006 PAGE 4 and is placed on the first floor with garages for residents and covered spaces for visitors as specified within the Village Design Guidelines. Thirdly, the adjacent land uses are residential and offices, which do not subject the future residents of the proposed project to any potential health problems. Fourthly, the proposed project is two and a half blocks to the east of the train tracks, has buildings in between the proposed project, and the project includes double paned windows which all help to buffer noise from nearby passing trains. An acoustical analysis of the project concluded that no interior or exterior noise mitigation would be necessary at any location on-site. Lastly, the proposed project is located in a neighborhood dominated by residential uses, which limits the need for a mixed-use project. The overall vision for the development of District 1 (Carlsbad Village Center) is to provide a mix of shops, restaurants, entertainment uses, visitor accommodations, and commercial services encouraging mutually supportive uses to provide a major activity focus for the Village and the City of Carlsbad as a whole. Staff believes that the proposed residential units, assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides a new residential development that will improve the physical appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in nearby residential projects, ample building setbacks and an abundance of landscaping, finally 3) the project provides a residential use that is complimentary to the retail and commercial services by bringing more people twenty-four hours a day and within walking distance to the Village Center. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 1 are as follows: Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 1, the required front yard setback is 0 to 10 feet and the side and rear yard setbacks have no minimum or maximum requirement. All setbacks are measured from property lines. The front yard setback of the proposed building is 10 feet from the front property line after a 10 foot street dedication. On the north side yard, the setback is 3 feet 1 inch feet from the side property line. The south side yard has a setback of 16 feet 7 inches. The rear of the building is located 11 feet from the rear property line. The proposed project is consistent with the setback requirements set forth for Land Use District 1. Building Coverage: The range of building footprint coverage permitted for all residential projects in Land Use District 1 is 60% to 80%. For the proposed project, the building coverage is 54%, which is below the established range. While the bottom of the range is considered the desired standard, unlike the setback requirements, a variance is not required for building coverage that is below the standard range. Therefore, the building coverage is in compliance with the established standard and the lesser coverage allows for ample parking and recreational areas. MADISON SQUARE JANUARY 23, 2006 PAGES Building Height: The height limit for Land Use District 1 is 35 feet with a minimum 5:12 roof pitch. The proposed project will have a maximum height of 33 feet and a roof pitch of 5:12. Therefore, the building height is in compliance with the established standard. 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, and/or patios. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building. The project provides for a total of 2,396 square feet of open space, which represents 27.7% of the site and is consistent with the open space requirement. Parking: The parking requirement for a multi-family dwelling is two standard spaces per unit and Y* guest parking space per unit. The project provides four two-car garages and two guest parking spaces, which satisfies the parking requirement for District 1. Planned Development: The Village Master Plan includes a specific condition for residential units proposed for separate ownership which states that all such units shall comply with the development standards and design criteria set forth by the Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code. In addition to the development standards set forth in the Village Master Plan, the Planned Development Ordinance provides development standards for recreational space, lighting, utilities, recreational vehicle storage, tenant storage space, and antennas. The project was found to comply with each of the development standards and design criteria of the Planned Development Ordinance. The following is an analysis of how the project provides for the development standards set forth in the Planned Development Ordinance, that are standards not already addressed within the Village Master Plan: Recreational Space: Private recreational space shall be provided for all planned development projects with fewer than ten (10) units through a 15'x15' patio or 120 square feet of balcony area for each unit. Plan 1 has three (3) separate deck areas totaling 202 square feet and Plan 2 has two (2) separate deck areas totaling 201 square feet, which exceed the requirement for recreational space. Lighting: Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems shall be provided. As a standard condition of approval, the applicant shall be required to submit a lighting plan, subject to the approval of the Planning Director, prior to issuance of a building permit. This condition has been incorporated into attached DRB Resolution No. 305. Utilities: There shall be separate utility systems for each unit. This condition has been incorporated into attached DRB Resolution No. 305. Tenant Storage Space: The Planned Development Ordinance requires separate storage space of at least four hundred eighty (480) cubic feet for each unit. If all the storage for each unit is provided in one area, this requirement may be reduced to three hundred ninety two (392) cubic feet per unit. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit. Each unit has been designed with 406 cubic feet MADISON SQUARE JANUARY 23, 2006 PAGE 6 of storage space adjacent to the garage on the first floor, which exceeds requirement for tenant storage space. Antennas: Individual antennas shall not be permitted. The project shall have a master cable television hookup. This condition has been incorporated into attached DRB Resolution No. 305. Parking: The Planned Development Ordinance does not trigger any additional parking requirements beyond what is required within the Village Master Plan. Therefore, the project meets the parking requirements of the Planned Development Ordinance. Building Coverage. Height and Setbacks: These standards are established individually according to the applicable land use district within the Village Redevelopment Area. The details of these development standards were previously discussed above. Residential Density and Inclusionarv Housing Requirements: The multi-family residential unit results in a residential density of 17.1 dwelling units per acre. The Village Master Plan and Design Manual does not set forth specific densities in the land use districts that permit residential uses. Instead, an appropriate General Plan residential density is to be determined for each project based upon compatibility findings with the surrounding area. After considering the goals and objectives of the Village Redevelopment Area, the vision for Land Use District 1 and surrounding land uses, staff is recommending a High Density Residential (RH) General Plan Designation for the subject property. Justification for the RH General Plan density designation is as follows: 1. The density is compatible with the surrounding area, which contains a variety of uses including multi-family residential, single-family residential, commercial and office. Application of the RH General Plan designation on the subject property would allow for future multi-family development, which is a provisional use in District 1 and would be compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 2. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The higher density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master Plan. 3. The RH General Plan density designation serves to satisfy the objectives of Land Use District 1 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation. Higher residential densities in close proximity to areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. All residential projects within the Village Redevelopment Area are subject to the City's Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In accordance with Redevelopment Law, 15% of the private housing units constructed within a redevelopment area must be affordable to low and moderate-income persons, of which not less than 40% (or 6% of the total newly constructed MADISON SQUARE JANUARY 23, 2006 PAGE? units in the redevelopment area) must be affordable to very low income households. Per City Ordinance, projects of six or fewer units are eligible to pay an in-lieu fee of $4,515 per market rate unit. The project has been conditioned to pay the in-lieu fee for the four (4) proposed residential units. 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 (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project provides for an overall informal character, yet maintains a pleasant architectural design conducive to the surrounding neighborhood and overall Village character. The applicant has incorporated several desirable design elements to achieve the desired Village character. The architectural design elements include trim ("Hardiplank") around the different sized windows and building fascia, the use of a variety of materials including stucco, wood, and sheet metal, exposed rafter tails, and varied roof forms with a 5:12 roof pitch. The buildings have a very strong relationship to the street in that they are only set back from Madison Street by ten (10) feet and enhance the pedestrian-orientation by providing a sidewalk and enhanced landscaping along all street frontages. The parking is visually subordinate in that it is located underneath the second story in individual garages or covered guest parking stalls. A summary of the design features related to the project is provided as an exhibit to this report (See Attached Exhibit A). 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): 32 ADT Due to the project's low generation of traffic, this project does not trigger the need for a traffic study. This project is served by Madison Street and has direct access to public streets. The streets in the area have been designed to handle the traffic volumes generated by this project. MADISON SQUARE JANUARY 23, 2006 PAGES Sewer: Sewer District: City of Carlsbad One new sewer lateral will be installed for each unit. The laterals will connect to the existing sewer main in Madison Street that will be extended by the developer. Water: Water District: Carlsbad Municipal Water District Each unit will be provided a water meter. A single connection to the existing water main in Madison Street will be manifolded into four new services. A separate meter with a backflow preventer will be installed for irrigation. Grading: Permit required: Yes Offsite approval required: No Hillside grading requirements met: n/a Drainage and Erosion Control: Drainage basin: Buena Vista Watershed Erosion potential: low This project proposes to collect and convey storm water to the public right-of-way. Runoff will be intercepted by a private storm drain system and discharged to Madison Street through 3 - 3" sidewalk underdrain pipes. In existing conditions, the peak flow is 0.10 c.f.s. to Madison Street and 0.29 c.f.s. to the adjoining property to the west. After development, no flows are directed to the west, and with onsite detention, the peak flow to Madison Street is 0.19 c.f.s. The negligible increase of less than one tenth of a c.f.s. is not expected to adversely impact existing drainage facilities. Land Title: Conflicts with existing easements: No Public easement dedication required: Yes Site boundary coincides with Land Title: Yes The project will be required to dedicate an additional 10 feet along the Madison Street frontage, for a total half street width of 30 feet from centerline. Improvements: Offsite improvements: Yes Standard Waivers required: No n MADISON SQUARE JANUARY 23,2006 PAGE 9 The project will be constructing new curb, gutter and sidewalk across the Madison Street frontage, and extending the existing sewer main in Madison Street. Storm Water Quality: The applicant is required to implement Best Management Practices (BMP) measures, to the maximum extent practical, to ensure that no additional pollutants-of-concern are contributed downstream of the project. The developer is subject to complying with the City's Storm Water Management Plan. Storm water runoff will be treated by inlet filters prior to discharge into the right of way to remove oil, grease, heavy metals and trash from storm water. Other BMP measures are detailed in the project Storm Water Management Plan. 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 infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board resolution. A noise study was prepared by Eilar Associates to determine whether there was a potential for subjecting the future residents of the project to significant noise impacts. This study concluded that no interior or exterior noise mitigation would be necessary at any location on site. 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. STAFF RECOMMENDATION Staff is recommending approval of the project. 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 and Design Manual. ATTACHMENTS: A. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines B. Design Review Board Resolution No. 305 recommending approval RP 04-24. C. Location Map D. Exhibits "A - E", dated January 23, 2006, including reduced exhibits. 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. Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. Project: Madison Square The project is predominately surrounded by residential units. The nature of the use does not warrant the inclusion of benches and low walls. The proposed project will not conflict with retail continuity. The project does not include a drive-thru. Adequate setbacks are provided along the side of the property to 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 the sides of the building. Parking is located within garages on the first floor. The subject project will provide access to parking on Madison Street. Parking is located within garages on the first floor. Parking lot areas are not part of proposal. Driveway is required for circulation. Parking is located within garages on the first floor. Curb cut is required for driveway. Madison Street is not a major pedestrian street. Site is not located on a corner. Appropriate setbacks and landscaping are provided adjacent to 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. 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 The parking is accommodated through the use of enclosed two car garages, which help to screen the vehicles, which is an important design concept in the Village. Ground level parking structures, particularly with access off of vehicular frequented streets, work better for residential projects because they do not affect retail continuity. The applicant found it to be financially infeasible to provide parking below grade. Not applicable. The building has been designed specifically for the unique layout of the property and topography. The building design provides for articulation on all sides, varying setbacks, and other architectural features, which provide for a unique character. Architectural features and relief appears to step the upper level of the buildings back. The 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 new structure is consistent with other commercial and residential buildings in the area. 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. The project is providing a 5:12 roof pitch as is required in District 1. The project includes dormers as part of its design. The project uses a fiberglass composition roof, with three-dimensional shingles, which have a wood appearance. The building does not incorporate 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. Respect the materials and character of adjacent development. Emphasize the use of the following wall materials: wood siding; wood shingles; wood board and batten siding; and stucco. Avoid the use of the simulated materials; indoor/outdoor carpeting; distressed wood of any type Avoid tinted or reflective window glass. Utilize wood, dark anodized aluminum or vinyl coated metal door and window frames. Avoid metal awnings and canopies. Utilize light and neutral base colors. 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 windows with decorative trim, and the use of a variety of materials. Multi-paned windows with decorative trim are used in the project. The building design provides for recesses and projections on the second story of the building, which will create shadows and contrast. The development is not a commercial structure. The second floor of the residence will be accessed through an internal stairway. No external entrances are proposed. Detail elements have been incorporated into the building, which include; decorative trim around the windows and the use of a variety of materials. The materials and colors proposed for the building will not conflict with adjacent developments. The exterior walls utilize a "Hardiplank" siding along with stucco, sheet metal, and wood fascias. None of the noted materials have been indicated for use. The windows are clear glass. Wood or fiberglass doors and window frames will be utilized. No metal awnings and canopies are proposed. The project utilizes a light and neutral color scheme. Limit the materials and color palette on any single building (3 or less surface colors) Commercial Storefronts: "• .W"*4": ''"?*•''; "1^7:«-\-<; Provide significant storefront glazing. Avoid large blank walls. Encourage large window openings for restaurants. Encourage the use of fabric awnings over storefront windows and entries. Emphasize display windows with special lighting. Encourage the use of dutch doors. Utilize small paned windows. Develop a total design concept. Provide frequent entries. Limit the extent of entry openings to about 30% of storefront width or 8 feet, whichever is larger, to preserve display windows. Avoid exterior pull down shutters and sliding or fixed security grilles over windows along street frontages. Emphasize storefront entries. Integrate fences and walls into the building design. Residential: Encourage front entry gardens Locate residential units near front properly lines and orient entries to the street. Provide front entry porches. Provide windows looking out to the street. Utilize simple color schemes. Provide decorative details to enrich facades. The project incorporates one primary base stucco color, one trim color, and one color for the siding . Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable Not applicable Not applicable Not applicable Landscaping is proposed along all street frontages to contribute to the overall visual quality of the neighborhood. Ample room is available on the balconies for residents to incorporate flower boxes and landscape planters. The residential unit entries are oriented at the side yard because of the rectangular shape of the lot. The unit closest to the street is oriented towards the street. The project design does not lend itself to front entry porches. Windows look out to the street on the end unit facing Madison Street. The project utilizes a simple color scheme A variety of materials are being used along facades with the incorporation of decorative trim around windows. Emphasize "cottage" form, scale and character Emphasize an abundance of landscaping. Limit access drives to garages or surface parking areas. Encourage detached garages which are subordinate in visual importance to the house itself. Provide quality designed fences and walls. Visually separate multi-family developments into smaller components. The project design incorporates cottage form, scale and character. Open space and landscaping encompass 27.7% of the property. There is one access drive to the project off Madison Street maximizing the amount of landscaping adjacent to neighboring properties. Not applicable. Low stucco walls match the facade of the building and are incorporated along all sides of the project. The design of the project serves to visually separate the building into two smaller elements. 1 DESIGN REVIEW BOARD RESOLUTION NO. 305 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-24 FOR ' THE 4 CONSTRUCTION OF A 6,234 SQUARE FOOT, THREE-STORY, FOUR-UNIT CONDOMINIUM ON THE PROPERTY LOCATED AT 2737 MADISON STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE 6 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE1. 7 CASE NAME: MADISON SQUARE 8 APN: 203-102-16 9 CASE NO:RP 04-24 10 WHEREAS, Bruce B. Baker, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Tamarack Park, 13 LLC, "Owner", described as Assessor Parcel Number 203-102-16, and more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-E" dated January 23, 2006, on file in the Housing and Redevelopment 17 Department, "Madison Square RP 04-24", as provided by Chapter 21.35.080 of the Carlsbad 1 o 19 Municipal Code; and 20 WHEREAS, the Design Review Board did on the 23rd day of January, 2006, hold a duly 91 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 24 25 "Madison Square (RP 04-24)." 26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 27 follows: 28 A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Madison Square RP 04-24, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:4 <- i. 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 6 the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 7 Guidelines as an infill development project. In making this determination, the Housing & Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein and with the 10 findings contained herein for the establishment of the RH density designation for the project is in conformance with the Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design 12 Manual based on the facts set forth in the staff report dated January 23, 2006 including, but not limited to the following: 13 a. The proposed project is consistent with the goals and objectives for the Village, '4 as outlined within the General Plan, because it provides for a multi-family . j. residential use in an appropriate location within the Village. This in turn serves to enhance the Village by providing the necessary residential support. The 16 location of the project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units will 17 enhance the Village as a place for living and working. The project will also be close to existing bus routes, furthering the goal of new economic development near transportation corridors. 19 b. The project is consistent with Village Redevelopment Master Plan and Design 20 Manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides a new residential development that will improve the physical appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same 23 architectural elements found in residential projects. 24 c. The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 26 d. The existing streets can accommodate the estimated ADTs and all required 27 public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have ° been designed in relationship to the land use and available parking. Public DRB RESO NO. 305 -2- facilities have been or will be constructed to serve the proposed project. The 2 project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants, which 3 enter into and/or are transported within storm drainage facilities. 4 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 6 the City's Landscape Manual. 7 f. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate ° fire protection and other safety standards. 9 g. The proposed project is consistent with the Housing Element of the General 10 Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been 11 conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) 2 units. 13 h. The proposed project meets all of the minimum development standards set forth in Chapter 21.45.080, and has been designed in accordance with the concepts 14 contained in the Design Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates many of the architectural features of surrounding developments. The buildings, landscaping, and on-site amenities all jg conform to the Village Redevelopment Master Plan and Design Manual, which serves as the adopted land use plan for the area. The overall plan for the project 17 provides for adequate usable open space, circulation, off-street parking, recreational facilities and other pertinent amenities. The parking is well 18 integrated into the building and the project is compatible with surrounding land 1Q uses and will not negatively impact circulation patterns in the area. Common areas and recreational facilities are located so that they are readily accessible to 20 the occupants of the dwelling units. The overall architecture is compatible with the surrounding area and consistent with the Village character as set forth in the 21 Village Design Manual. 22 3. The Design Review Board hereby finds that the appropriate residential density for the project 23 is RH (15-23 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density 24 designation is as follows: 25 a. The density is compatible with the surrounding area, which contains a variety of uses including multi-family residential, single-family residential, commercial and office. Application of the RH General Plan designation on the subject property 27 would allow for the proposed multi-family development, which is a provisional use in District 1 and would be compatible with the mixture of surrounding uses 28 in terms of size, scale, and overall density. DRB RESO NO. 305 -3- 1 ~ b. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, 3 and affordability of housing units within this area of the Village. The higher density designation allows for future development that would be consistent with 4 the development in the area and the goals and objectives of the Redevelopment Master Plan. r c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 1 by increasing the number of residential units in close proximity to 7 shops, restaurants, and mass transportation. Higher residential densities in close proximity to areas with easy access to mass transportation promote greater 8 job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 10 4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. 11 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; 13 government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 14 a. The project has been conditioned to ensure that building permits will not be 15 issued for the project unless the District Engineer determines that sewer service ., is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of 17 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 18 b. All necessary public improvements have been provided or are required as conditions of approval. 20 c. The project has been conditioned to provide proof from the Carlsbad Unified 21 School District that the project has satisfied its obligation to provide school facilities.22 ~., d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. 24 e. The Public Facility fee is required to be paid by Council Policy No. 17 and will 25 be collected prior to the issuance of building permit. 96 5. The Design Review Board has reviewed each of the exactions imposed on the Developer 27 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 28 degree of the exaction is in rough proportionality to the impact caused by the project. DRB RESO NO. 305 -4- O I 1 GENERAL CONDITIONS; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 building permits. 4 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 6 and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future 7 building permits; deny, revoke or further 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 9 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment 10 Permit. '1 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 12 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. 13 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 14 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. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 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 19 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 20 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 21 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body 22 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 23 attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or 24 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 26 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 27 28 DRB RESO NO. 305 -5- 6. The Developer shall submit to the Housing and Redevelopment Department a 2 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 3 7. This approval is granted subject to the approval of Minor Subdivision 04-17 and is subject to all conditions contained in Design Review Board Resolution No. 305 for this r other approval and incorporated by reference herein. 6 8. 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 7 format. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 9 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 10 10. 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 j 2 Plan prior to the issuance of building permits. 13 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. ,c 12. 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 16 . 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 17 facilities will continue to be available until the time of occupancy. 18 13. Approval is granted for Major Redevelopment Permit RP 04-24 as shown on Exhibits 19 A-E, dated January 23, 2006, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown 20 unless otherwise noted in these conditions. 21 HOUSING CONDITIONS; 22 14. At issuance of building permits, or prior to the approval of a final map and/or issuance of 23 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as 24 an individual fee on a per market rate dwelling unit basis in the amount in effect at the _, time, as established by City Council Resolution from time to time. 26 LANDSCAPE CONDITIONS; 27 15. 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 DRB RESO NO. 305 -6- landscaping as shown on the approved Final Plans, and maintain all landscaping in a 2 healthy and thriving condition, free from weeds, trash, and debris. 3 16. 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 4 project's building, improvement, and grading plans. 17. Developer shall pay a landscape plan check and inspection fee as required by Section 6 20.08.050 of the Carlsbad Municipal Code. 7 MISCELLANEOUS CONDITIONS: o 18. The Developer shall establish a homeowner's association and corresponding covenants, n conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of 10 a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the ' 1 Department of Real Estate and the Housing and Redevelopment Director. At a .« minimum, the CC&Rs shall contain the following provisions: 13 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 14 of, or in which the City has an interest. 1 5 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 17 within 30 days for the official record. 18 19. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for 1" such rental shall be not less than 26 days. The CC&Rs for the project shall include this ,,„ requirement. 21 20. 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 22 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 24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 25 21. All roof appurtenances, including air conditioners, shall be architecturally integrated and " concealed from view and the sound buffered from adjacent properties and streets, in 2y substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 28 MODRB RESO NO. 305 -7- 22. Prior to occupancy of the first dwelling unit the Developer shall provide all required 2 passive and active recreational areas per the approved plans, including landscaping and recreational facilities. 3 NOTICING CONDITIONS: 4 23. 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. 305 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 9 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 10 modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12 ON-SITE CONDITIONS; 13 24. 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 1 <- Directors of Community Development and Housing and Redevelopment. 16 25. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment 19 Director. 20 26. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply 22 with the approved plan. 23 27. 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 24 downward and avoid any impacts on adjacent homes or property. 25 28. The project shall have a master cable television hookup. Individual antennas shall 26 not be permitted. 27 29. There shall be separate utility systems for each unit. 28 DRB RESO NO. 305 -8- 1 STANDARD CODE REMINDERS: 2 The project is subject to all applicable provisions of local ordinances, including but not limited to the 3 following code requirements. Fees 4 1. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 5 required by Chapter 20.44 of the Carlsbad Municipal Code. 6 2. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 3. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad n Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 10 General 11 4. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 12 5. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 13 Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otherwise specifically provided herein. 6. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the 17 approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing & Redevelopment Director prior 18 to installation of such signs. 19 ENGINEERING CONDITIONS; 20 1. Prior to the issuance of a grading permit the applicant shall obtain an administrative approval of Minor Subdivision MS 04-17, consistent with this Major Redevelopment Permit RP 04-24. 22" 23 24 25 26 27 28 DRB RESO NO. 305 -9- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as . "fees/exactions."4 5 You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this . project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 23rd day of January, 2006 by the following vote to 15 wit: 16 AYES: 17 NOES: 18 ABSENT: 19 ABSTAIN: 20 21 22 COURTNEY HEINEMAN, CHAIRPERSON DESIGN REVIEW BOARD 23 ATTEST: 24 25 26 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR 27" 28 DRB RESO NO. 305 -10- ATTACHMENT"A" LEGAL DESCRIPTION APN 203-102-16-00 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF LOT 37 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT WHICH IS NORTH 55 DEGREES 27' EAST 170 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT; THENCE SOUTH 34 DEGREEES 33' EAST ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT, 50 FEET; THENCE NORTH 55 DEGREES 27' EAST ALONG A LINE PARALLEL WITH THE SAID NORTHWESTERLY LINE OF SAID LOT, 203.24 FEET TO THE NORTHEASTERLY LINE OF SAID LOT;THENCE NORTH 34 DEGREES 33' WEST ALONG SAID NORTHEASTERLY LINE, 50 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT; THENCE SOUTH 55 DEGREES 27' WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT, 203.24 FEET TO THE POINT OF BEGINNING. SITE MADISON SQUARE RP 04-24 ARCHITECT JUDSON PITTAM AIA X "fOUf?ARCHITECT JUDSON PITTAM AIA za 10 feoieve LT.ST. c-«e ARCHITECT JUDSON PITTAM AIA i i £ I ^ 1 1 S sr £ fj1 p p [if Iff! i f I oo Pi I i i $ S |»i n«id 111 |5? Sii! j ? S S !T ! ' iii'i! Q> T ^> ^OCL O ^-R0^5s=s (\> !CP p, fija O^c r\ Qi 1^-^ 130) o(\> >*~i,.JH* MMVrWIVSOJOO'pWZSVYDEED) "$% "-^•^ t 8 r-**- —-r -M-f -4^E"" -/ s ag gi r- M"! ; l j«,:?1 - vh-o 2 3*w-^s• "r* M Tffl fii J=lUhi ill*fSl •< i?. ' stesls s!? .^ C2S»PI fi f IP* 50 DESIGN REVIEW BOARD MINUTES DATED JANUARY 23, 2006 51 Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: JANUARY 23, 2006 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Heineman called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairperson Heineman asked Board Member Marquez to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Heineman proceeded with the roll call of Board Members. Present: Board Members: Julie Baker Tony Lawson Sarah Marquez Michael Schumacher Chairperson: Courtney Heineman Absent: None Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Engineer: David Rick Assistant City Attorney: Jane Mobaldi APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the November 21, 2005 meeting. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS 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 a Major Redevelopment Permit and Coastal Development Permit for the Lincoln and Oak mixed-use project. Tonight Cliff Jones, our Assistant Planner in Housing and Redevelopment, assisted by Dave Rick from Engineering, will make the presentation. Cliff Jones, Assistant Planner, stated the applicant, Karnak Planning and Design, has requested a Major Redevelopment Permit, Coastal Development Permit and a Tentative Tract Map to allow the construction of a 12,719 square foot mixed-use project consisting of six condominium units and 1,913 square feet of DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 2 of 24 retail space on the property located at 3112 Lincoln Street and 325 Oak Avenue in Land Use District 9 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 is greater then $150,000. The project also requires the approval of a Tentative Tract Map because it involves separate ownership of the residential units. In addition, the project is required to process a Coastal Development Permit because it is located within the coastal zone. In accordance with the redevelopment permit procedures, the three permits are 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 at the corner of Lincoln Street and Oak Avenue at the edge of the VR zoning boundary. The VR zoning boundaries are depicted in yellow on the screen above. The subject property totals 17,514 square feet with building frontage along Lincoln Street and Oak Avenue. The existing structures on the property include one single-family residence and a surf shop. The structures are in various stages of disrepair and are proposed to be demolished in order to accommodate the proposed building. The project is bordered by a two-story apartment building to the south, to the east construction recently began on a five-unit condominium project, the property to the north contains a condominium project called the Monterey, and the project to the west of the proposed project across Lincoln are commercial uses. As mentioned previously, the application is for a proposed three-story, 12,719 square foot mixed-use project consisting of six condominium units with roof decks/patios and 1,913 square feet of retail space. The three-story building consists of two stories of residential condominiums located over above ground parking and retail space. The six units vary in size from 4,211 square feet to 4,535 square feet. The building has a pleasant architectural design incorporating decorative materials such as travertine and decorative black awnings in order to enhance the street scene at the corner. The residential condominiums located above the retail space continue the pleasing architectural design to the upper levels of the building incorporating decorative awnings, multi-paned windows, and solid iron railings. The residential portion of the project is significantly set back from the street in order to reduce the massing of the building along Oak Avenue and Lincoln Street and to make the retail space the predominant feature of the corner. Vehicle access to the site is to be provided off of Lincoln Street and Oak Avenue. The Village Master Plan and Design Manual includes the regulations governing development within the Village. The proposed project is within Land Use District 9 of the Village Redevelopment Area. Mixed-use projects are classified as permitted uses within Land Use District 9. Permitted uses are defined as those, which are permitted by right because they are considered to be consistent with the vision and goals established for the district. The Village Master Plan stipulates that the ground floor of all approved mixed- use projects in District 9 must be devoted to visitor-serving commercial uses. Since retail space is proposed along portions of the frontage of Lincoln Street and Oak Avenue, closest to the travelers and tourists along Carlsbad Boulevard Coastal Highway, staff concludes that the project complies with this requirement. The remainder of the site is occupied by setbacks, residential storage space, access points, and required parking. Staff believes the proposed project assists in satisfying the goals and objectives set forth for Land Use District 9 through the following actions: • The project provides for a desirable use; • It may serve as a catalyst for future development; • It provides for the development of an underutilized lot; • It helps to attract additional tourist serving uses by providing additional retail close to Carlsbad Boulevard; • It increases the pedestrian circulation in the village through the additional new sidewalk; • It is compatible with the surrounding residential area; 63 DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 3 of 24 • It increases the number, quality and diversity of housing types. The proposed project also meets all the required development standards outlined within the Village Master Plan. The project provides for an abundance of open space and landscaping, not only on the ground floor, but also on the balconies and private roof garden/patios. The Village Master Plan requires a minimum of 20% of the property to be maintained as open space. The project provides for a total of 7,438 square feet of open space, which represents 42.5% on the site and is therefore consistent with the open space requirement. Landscape and hardscape on the ground floor alone equates to 16.3% of the site and the roof decks, patios and balconies encompass the remaining 26.2%. It is noteworthy that the Village Master Plan and Design Manual allows for private roof decks/patios and balconies to be calculated in the 20% open space requirement. This open space calculation is unique to the Village Redevelopment Area. This method of calculating open space has been used on past redevelopment projects within the Village and allows for the intensity of development that is encouraged within the downtown Village Redevelopment Area. The building coverage of the proposed project is set within the middle of the range at 72.6% and is appropriate for a mixed-use development project. The increased building coverage will allow the developer to locate the parking within the building itself to screen the parking from view. In addition, the proposed building coverage allows the developer to construct a building that has a retail component close to the street. The necessary findings to allow the increased building coverage are contained within the report to the Design Review Board. Within Land Use District 9 the maximum height of the project is 45 feet for any size project, with residential or commercial space located over a parking structure. The project proposes a maximum height of 41 feet for architectural roof towers contained within the middle of the building that are necessary for access to the roof decks/patios. However, the remainder of the building is set at a building height of 36 feet. Staff finds the building height of the project is in compliance with the established standard set below the permitted maximum height of 45 feet. Adequate parking is also provided for the proposed project through the use of six two-car garages for residents and three.guest parking spaces as required. Ample parking is provided for the retail use through six standard spaces and one accessible space. The project provides for a total of 22 parking spaces, which is one space greater then the 21 spaces required, and therefore meets the parking requirements. In Land Use District 9 the permitted setbacks are as follows: • The front yard setback is 5 to 20 feet; • The side yard setbacks are 5 to 10 feet; • The rear yard setback is 5 to 15 feet. All the proposed building setbacks fall within the standard range or are very close to the middle of that range. The front yard setback of the building and the street side yard setback are proposed close to the street in order to create a strong retail presence at the corner and to attract visitors from Carlsbad Boulevard. The upper levels of the residents are setback further from the street in order to reduce the massing of the building at that corner. Permitted side yard setbacks for the adjacent properties are shown on the screen above in order to demonstrate setback compatibility with the R3 zoning. The necessary findings to allow the reduced setbacks, which are still within the setback range, are contained within the report to the Design Review Board. In addition to the Development Standards set forth for the Village Master Plan, the planned development ordinance provides development standards for recreation space, lighting, utilities, recreational vehicle DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 4 of 24 storage, tenant storage space, and antennas. The project was found to comply with each of these development standards and design criteria of the planned development ordinance. The proposed project is consistent with the desired village scale and character for the relatively dense urban neighborhood desired by the Master Plan, providing an appropriate density and intensity of development. The ground floor of the building has a strong relationship to the street and is physically located in close proximity to the public sidewalk along Lincoln Street and Oak Avenue, enhancing the pedestrian orientation of the Village and enhancing the retail space of the corner. Upper levels of the building are setback from the street in order to provide architectural relief along the upper level building planes. The project incorporates several design features to achieve the desired village character including: • The first floor is enriched with travertine; • An attractive fountain is provided on the ground level at the corner of the site, in order to enhance the first floor facade; • Low lying walls to sit on are incorporated at the corner of the site around a decorative fountain; • The building incorporates various sized windows and decorative glass block windows with decorative trim; • The second and third floor balconies have tempered glass balcony railings; • There are various building recesses; • The project has decorative cherry colored doors; • The project proposes tile roofing with a 5 and 12 roof pitch as required; • The building has varied building colors. The project also provides for an abundance of open space and landscaping along all sides of the building and parking is visually subordinate contained within the building itself. The proposed project has received substantial public comment from the property owner who is constructing the building immediately east of the proposed development, Mr. Michael Bovenzi. Mr. Bovenzi is opposed to the subject project because he does not believe the project meets the standards set forth in the Village Master Plan and Design Manual. As noted in the report to the Design Review Board, it is staff's opinion that the project is consistent with all standards set forth in the Village Master Plan and Design Manual. The project requires no variances from the standards and is consistent with the land use requirements for the property. Staff has also met with the property owner located immediately to the south, Mr. Dennis Bauern, to discuss the proposed project. Mr. Bauern informed staff that his concerns for the proposed project were the units' windows at the south of the building would have downward visibility into his apartment project. Mr. Bauern also had concerns about the wall height along the south elevation and asked that the south wall be raised in order to prevent persons from being able to look down into his units. Also Mr. Bauern expressed to staff that he would like to see an increased setback along the south elevation. Staff also met with the secretary to the Board of the Monterey Condominiums to the north of the proposed project, Ms. Nancy Kaupp. Ms. Kaupp informed staff that she shared the plans with the board of the Monterey and that the board did not have any major concerns with the proposed project. She mentioned the board thought the block was one of the worst in the village and they were happy to see the corner redeveloped. Written public comment that has been received on the proposed project has been included as an attachment to the report to the Design Review Board. The Housing and Redevelopment Department conducted an environmental review of the project pursuant to the guidelines for implementation of the California Environmental Quality Act (CEQA) and the 55 DESIGN REVIEW BOARD MINUTES JANUARY 23,2006 PAGE 5 of 24 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 infill development project. The necessary finding for this environment determination is included in the attached Design Review Board Resolution. 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 underutilized lot will increase property taxes and this increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, it is anticipated the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing structures through the elimination of a blighted structure and construction of a quality multi-family residential project. In conclusion, staff is recommending approval of the proposed project. Development of this site is anticipated to 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 and Design Manual. Board Member Lawson stated he did get a briefing with staff to get some additional background on this project. One of the items that needs clarification is the concern one of the adjacent neighbors brought up regarding the walling around the south and eastern property lines. Could you elaborate a little bit on that because that does warrant additional clarification if possible? Mr. Jones said staff has received some concern from the property owner to the south and the east with regards to the wall heights. The way the project is proposed currently the site is a maximum of three feet higher on the proposed project's side and rear. In between a commercial project and a residential project in the village area; a solid masonry wall is required. The applicant has proposed a nine-foot wall as seen from the property to the south and the property owner to the east. The purpose of the six-foot masonry wall on top of the three-foot retaining wall is for visual screening as a person is walking along the proposed project so they cannot see down into the adjacent properties. We had discussion with the property owner to the south and he had a preference to have the six-foot wall on top of the three-foot retaining wall in order to maintain some sort of privacy along that elevation. That was also done along the eastside elevation as well. Board Member Lawson commented that procedurally as he understands it, we have a situation here, which is not unlike many places throughout the city where you have different land uses adjacent to one another. So there are different standards on one side of the property line versus the other. To my knowledge, I am not aware of any requirement to create some hybrid standard because of what is adjacent to the other side of your property line. Is there any requirement for purposes of creating transition that is within the code? Debbie Fountain, Director of Housing and Redevelopment, said this property is located in the Redevelopment Area, and it is adjacent to other properties that have residential zoning only. That does create a situation where you have properties adjacent to the site where they have totally different regulations. They have more restrictive height limits on them then the Village Area. There isn't anything within the Master Plan or the Municipal Code that would state you have the ability to create some alternate codes. Obviously, you don't have to go to the maximum the codes will allow, and actually as Cliff showed, in this project on several cases they didn't go to all of the maximums they would have been allowed on the site. It does create some inherent conflicts so we try to work with the property owner and the applicant to address those issues the best we can. We understood when the project came in there was some conflict because it was immediately adjacent to these residential properties, but this is not unusual for the Redevelopment Area. We actually have other locations within the Redevelopment Area that have a similar type of situation where they are immediately adjacent to residential properties that have different requirements. It is something, as a staff member, we try to work through the best we can and try to address those conflicts the best we can in terms of trying to get more articulation or try to enhance the privacy with the walls. There really isn't the ability at the Board level to start setting different standards for SCp DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 6 of 24 the area. The standards are what they are, but there is some ranges in the Redevelopment Area and it does allow some additional height on it. Board Member Baker asked if the difficulty wasn't necessarily because it is next to residential, but that the sites in white are subject to City of Carlsbad Planning Department regulations where the yellow sites are Redevelopment regulations, which are different? Ms. Fountain said that is correct. The Village Redevelopment Area has it's own Master Plan document, which sets forth the standards for the Village Area. Any time that it is not stated in the Master Plan what a standard is, then we would go to the Municipal Code. The properties that are outside the Redevelopment Area are subject to the Municipal Code and whatever those standards are as well as any additional overlays that might be in the area like the beach overlay zone or some others that might put some more restrictive standards on them. Chairperson Heineman asked if all the areas in white are subject to the Municipal Code and the areas in yellow are subject to the Redevelopment Code? Ms. Fountain said correct. Robert Richardson with Karnak Planning and Design, 2802 State Street, Suite C, Carlsbad. He is here representing his client, Russell Bennett and Earl Miller. We have tried to work with the neighborhood as best we can by meeting with our neighbors. On the south wall we did have it lower, and then he expressed an interest in bringing it up, so we brought it up. Then we also looked at every window on the south wall and analyzed where our windows were on an angle and we placed palm trees so someone standing in the window would have to see through the palm tree before they could see into the apartment to the south. We were very concerned about that. On the east property, our retaining wall and our land was actually lower in some cases then the property to the east. At the last minute we were given the working drawings, which lowered their grade 2 Vz feet below where they were, which developed a concern for us. Otherwise, our wall was right on the money. They have taken that house out and by doing so, they ended up cutting it deeper than the preliminary grading plans that was used for the public hearing. Mr. Richardson continued they were concerned about the roof decks. We pulled them all to the center of the building. There was some concern about visibility of our decks to the people around us on both sides. They have been pulled down in the line of site. We did some line site drawing. You can't even see our next-door neighbor. You can only see two or three lots out away from us. You would actually have to climb out and crawl down to the edge of the roof to look down into the project next door. We have tried to give privacy. Also, to our neighbor to the east we did include raising up a small screen wall on the east side so the two units on the east would not have any opportunity of a view to the east. We have tried hard to work with the neighborhood. We've tried to do something real quality to where it is a very expensive building. The residential units are first class. Two of the units will be occupied by the owners at a really high end with elevators. It is exciting to see something of this caliber coming into the Village, and you will see more of it in the future. Cliff has done a good job and has been very thorough. Board Member Lawson said he understands each of the units, with the exception of unit number 4, takes utilization of the deck above the commercial and a portion of the garage. Is that correct? Mr. Richardson answered yes. Board Member Lawson continued by asking if unit number 4 only has a roof deck? Mr. Richardson said it does have a small deck on the main roof deck as well as the one up on top. 51 DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 7 of 24 Board Member Lawson asked if there was one tucked further back into the corner? Mr. Richardson said right it is on the far side. Board Member Baker asked about the corner and if Mr. Richardson could explain the concept with the fountain and the low wall on the corner of Oak and Lincoln. Mr. Richardson said they were asked to make it a public people space and more of a retail space. So we put low seat walls and we did the fountain and the fountain wall is also a seat wall. We would have added more to it, but there is a lot of utilities. On the south side of the front entrance way we did early sketches and it looked even bigger and then we started plotting all the transformers, underground vaults on that corner, there is a lot there so we tried to leave enough landscape around it and pull it a little bit to the north corner of that. It doesn't look perfectly balanced but that is mainly because of the utilities. We tried to keep a nice buffer. The travertine tile look and beautiful corners goes all the way across the front and then we carried it past the driveways all the way to the end of the building so the whole entire front has a retail look about it that feels strong and solid. Only the two units with beautiful curved balconies come out. Everything else is pulled behind it. We also plotted shadows in the summer and in the winter. Board Member Lawson asked about the retail use. Have you targeted or had discussion as to what type of retail use you anticipate? Mr. Richardson said there have been several considerations. There has been some inquiry about putting in a small bookstore. It's too early to know for sure yet. We have tried to make it as visible as possible. Board Member Schumacher asked about the grade that is three feet of fill? Is that right? Mr. Richardson said no. Board Member Schumacher said he is wondering if related to the wall on the south side and the east side. Did the site get raised at all or is it level? Mr. Richardson said no. The only site that moved was the east side, which is 2 1/a feet more then actually in the plan. They have cut that out. That old house that was sitting on there was sitting on a knoll and they took all that out and they brought it down. At the last minute we had our civil engineer replot that grade. Board Member Schumacher asked if the finished grade of fifty some feet is the same or equal to the lot on the south? Will that be level? Mr. Richardson said no. The neighbor to the south wanted the six-foot wall to come up three more feet so he has more privacy. Board Member Marquez asked if the adjacent property owners already have existing walls in place on their property separating this one? Mr. Richardson answered there is a wood fence on the south side. Right now it's bougainvilleas, weeds and tall grasses to where it is like a jungle. Board Member Marquez asked if it is true that the owner to the east just put up a block wall approximately six foot high? Mr. Richardson said he hasn't seen the new wall. If it has been in the last week, I haven't been there. Board Member Marquez said she just drove by today. DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 8 of 24 Chairperson Heineman opened public testimony and he has eight requests to speak. The requests are for Ron Alvarez, Don Johnson, Peter Dreifuss, Dennis Sharp, Dennis Bauern, Joanne Sharp, Michael Bovenzi, and Sandra Bovenzi. Each speaker has five minutes to make their comments. Those comments should be addressed to the Board, not to the staff, not to the applicant or the public. After we receive all testimony from everyone who wishes to speak, we will ask the appropriate person to respond to all questions. Please speak into the microphone clearly, state and spell your last name and give us your address for the record. We ask as new speakers come up, please not repeat what others have said. My name is Ron Alvarez and I live at 354 Oak Avenue, Carlsbad. I am a designer in the City of Carlsbad and have been a resident since 1986. I started some of the first design projects for redevelopment, and I didn't have much to go by with standards and design, and I relied upon the Council to give me direction. With much painstaking design submittals and such, we ran into lots of problems because there was only a very small select group of people giving me information. There was basically no origin or basis at the beginning of this Redevelopment Zone. Now we have a manual of standards and parameters. I have looked through those. I had a meeting with the designer of this project that we are speaking about. I talked directly with Deborah Fountain who is present and Cliff Jones who is present. I had some concerns because I didn't feel the design standards were being met. The start of the project, I felt should have started with a subterranean or complete submerged garage, which would have put to bed a lot of these wall height issues, height of buildings, building setbacks, privacy and site line issues. I will quote what Deborah Fountain said. She said, "setting a new trend" maybe that was the word she used, "when we have a design manual to go by, we have a guide." When there is too much project-to-project basis of what everyone thinks, that's not what I use in designing. I have been designing since 1985 with many, many projects in the City and outside of the City. I was really taken back by that because I will have new projects that my clients are hiring me at this time to work with the redevelopment. To make a long story short, I am a little taken back by that. One of the biggest things about this project, I thought, was if I was to design this, I would put a subterranean garage completely submerged so I could put a fully contained retail space which is what I think this new $90,000 study is going to be, correct? It is based upon a greater need for retail space within the cities. It is maybe not done yet. We'll find out when that comes about. That is what I would have done with that project to start with, which would have reduced the heights of the building, reduced these walls heights, reduced all these things that are going to be addressed after I speak. The design parameters needed to start with fully submerged parking garages maximizing retail space. To make my point clear, as a designer I would have not even presented a project as we see here today. It would have been fully submerged parking, out of line of site; we would have less of a height, which would have been a little more balanced to the community. It is way too tall for the community if you look at it from a standpoint of all the surrounding areas. Finally it would have given you a much different picture then what we have today. I think it is a little too overbearing and it doesn't even fit with redevelopment, as far as architectural standards are concerned if you look in that guideline, which is what we work with. I will be working with it, and hopefully they will be working with me in regards to what is supposed to be set forth in that guideline when I bring in projects, because I don't want to have to come here and present a project to the Board and have everyone say it is too big, it's too tall, it's too this because I wasn't sensitive as a designer. Thank you for listening to me. Hopefully you will take into account this project and re-evaluate it for what it is. My name is Don Johnson and I currently live in Oceanside but I lived at the 3140 Lincoln Street in Carlsbad, which is two houses down from this project. I lived there for about 30 years and my mom still lives in that property since about 1925. My reason for speaking is that I will at some point be the inheritor of the property, and I do not really like the idea of a property that is that large and of an oppressive height, which does not fit the rest of the character of the neighborhood. Nothing else that is visible from my mother's property is more then two stories. It does not seem to me that height is necessary. In addition, when the two-story complex next to my mom was put up, the solar reflections caused the heating in the summer on my mom's property to get to a point where it is oppressive. I suspect the same thing will happen to the two-story complex to the north of us with the reflections from the new project. DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 9 of 24 Peter Dreifuss, 300 Carlsbad Village Drive, Carlsbad, CA 92008. I have lived in the City of Carlsbad for 13 years and have enjoyed it. This is the constitution for the City of Carlsbad for construction and new development and what Mr. Jones read earlier, he must have a different manual then I do. If you wish to change what is in this constitution, you can't Chairperson Heineman asked Mr. Dreifuss what is the name of the manual? Mr. Dreifuss said it is the Redevelopment Master Plan. He continued that if the Master Plan is changed, you can't do it on a whim. You have to do it by law and do it in a proper way. It has to be done in a legal way. This Master Plan states inside it is a legal document. The standards are clear. The intent is clear. It is an approved Master Plan. It was never meant to be just interpreted. The Redevelopment staff has approved this current project because Debbie Fountain has said we are going to set a new precedent. Well I am a co-developer of the property just east of this, the new condos that are going up that just broke ground. I am sure they were trying to set a new precedent recently in Carlsbad when they approved the most ugliest project that Carlsbad has ever seen adjacent or across the street from the military academy, the retail space with the condo's on top of it. That is probably the ugliest thing that I have ever seen in a city. I am sure that if Debbie Fountain was about to have a 40-foot high building that blocked all of her views built right next to her 20-foot high residence, that she would just rejoice. But wait, I don't think she even lives in Carlsbad. The redevelopment staff basically are non-residential directors who have done no oversight review. The reports, which they have submitted to the Design Board contain outright lies and deception. The Board should not have a predetermined point of view on this proposed project, and the Board has the responsibility to be objective and to not take the staff's report at any way near accurate or truthful. We will show you some of the inconsistencies in the staff report. Mr. Dreifuss continued that they do not blame the Design Review Board for allowing this project to come this distance, but we do blame the incompetence of the development staff. The current designer of this proposed project is Mr. Karnak. We originally hired Mr. Karnak to do our project, which is right next door. He accepted our $15,000 as initial payment. He represented himself as an architect. Mr. Karnak is not an architect, but a draftsman. We found out he was not licensed in the State of California to design. He was not licensed within his industry to build a five-unit project, more or less a six-unit project. He must be an architect to design anything that is five units or more. Not only has he designed more then five units, but the sixth unit is illegal. This project only allows for four condo units by the Master Plan. If you do your calculations, it comes to 4.6 units is what is allowed. He has put in six units. Mr. Karnak is not licensed to do the current project by California law and risks having some problems by doing so. In a recent set of submitted plans to the City, not his most recent but in a recent set to the City of Carlsbad, he shows an architectural stamp that has been illegally affixed to those documents. Not only has Mr. Karnak drawn a plan, which allows two more condominiums than allowed by law, but has done so in an improper way. Joanne Sharp, 1230 Umatilla, Del Mar, CA 92014. She is part of Sharp Design Consultants. My husband, Dennis, and I have reviewed these plans in regards to access for persons with disabilities. I would like to talk a little bit about that and give the Board some background. On March 13, 1991, the housing provisions of the Federal Fair Housing Amendments Act of 1988 became effective in all state, city and county jurisdictions that had not adopted regulations more stringent than that act. The California Building Industry Association petitioned California's Department of Housing and Community Development to adopt the federal regulations and to combine into one document the more stringent requirements of the existing state regulations. On December 9, 1992, the California Building Standards Commission approved the forum regulation adoption with an effective date of July 15, 1993, which incorporated them into Title 24 of the California Building Code. Providing an environment where person's with disabilities can have the same access to and ability to use housing that others enjoy is both a worthwhile goal and the law. The regulations were developed to provide for the safety and welfare of persons with disabilities as residents and visitors of apartment buildings, condominiums and timeshare units. The state regulations require adaptations for newly constructed, privately funded apartment buildings having three or more units, condominium buildings containing four or more units, and privately funded shelters intended as a residence for homeless persons. An adaptable building is one that is accessible in terms of entry and U) iMINUnDESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 10 of 24 circulation. That is a person using a wheelchair must be able to enter the unit, move around, have a bathroom and a sleeping area that is accessible and usable. The unit must also be constructed so that it can be adapted to meet specific needs of a person with disabilities for items such as grab bars, lowered counters, etc. In other words, constructed in a way they can add things that are specific to their needs. The regulations require that multifamily buildings have units that are adaptable to meet the needs of mobility and sensory impaired persons. Ms. Sharp added as a background about her and her husband, they received more then 250 hours of official training on all state and federal disabled access regulations. They also provide disabled access consultant services to government entities, businesses and individuals in their efforts to comply with the requirements of the Americans With Disabilities Act of 1990, California's Title 24, which are the disabled access regulations included in our state building code, and other state and federal regulations dealing with access for persons with disabilities. We have done extensive fieldwork since 1993. We volunteer on several committees advising on disabled access including the City of San Diego Community Services, Citizen's Review Committee on ADA and Disability, the City of San Diego Facilities Access Review Subcommittee, the City of San Diego Access Law Technical Group, and Scripps Park Project in La Jolla. In 2004, I am very proud to say, that a Sharp Design Consultant was awarded a certificate of excellence in appreciation by the City of San Diego for Outstanding Performance and Lasting Contribution. Board Member Baker asked Ms. Sharp how she is involved in this project? Ms. Sharp said they were asked by Mr. Bovenzi to review the plans for accessibility and to give him our opinion on if we felt there were any problems with the project. Board Member Baker asked if she was hired as a consultant? Ms. Sharp said yes, that's correct. My husband will speak more about specific things in the plans. Board Member Lawson asked while evaluating the project, are you comparing it then to the immediate project to the east, the Bovenzi project. I am wondering, the things that you are suggesting this is deficient in, the adjacent property complies with all those same areas? Ms. Sharp answered no. We are basing our opinions strictly on the Federal and State standards that exist for accessibility in privately funded, multifamily housing. We are not looking at any other project, only this one. Dennis Sharp, 1230 Umatilla, Del Mar, CA 92014. My wife and I both have been doing this since 1992. The plans I see here that I have reviewed, the designs lack an understanding of accessibility. The accessibility means independent living so that if you are in an apartment, not everybody can afford a full- time attendant. You should be able to get in and out by yourself and do your laundry or whatever. The way this is designed, that can't be done. The bathroom is not accessible, no details to show otherwise. The common areas are not accessible, and by code, they should all be accessible. In some of these places you just can't get to where you need to go because there is no connection. When I say path of travel, it means to get from one place to another. For the path of travel for the apartments to the trash does not exist for a wheelchair. The driveway is not set up for people who use wheelchairs or drive vans. It is the wrong matrix. The van accessibility parking is both wrong. Signage is required and I see none. In the commercial unit, there is one entrance and a second one, but you can't have an entrance with steps. It all has to be accessible. It should have a ramp. I hope I am not getting too aggressive here, because it is hard to be nice when you are saying all these things. The location of the pedestrian curb ramps are confusing because I see them at different locations. There are new federal regulations coming out that say you must have 48 inches, not counting the curb; that is minimum. If there is any street furniture, you have to go further then that; I don't see that happening here. In fact, this is too small. Furniture means a post, any kind of device that is in the cement you have to add 48 inches in addition to it, not landscaping, but hardscape; they don't have that. If this project is approved and later on it is discovered it is wrong, the DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 11 of 24 City will have to pay to fix it. This has happened all over California. It is a big problem in Sacramento. It is a big problem in San Diego, but it is up to you people. I just don't think you have had the training to know that if this is done incorrectly because technically that has to be put in according to your laws. If it is not put in right, who is going to pay to fix it? That means if somebody falls and gets hurt, you are covering that. What my wife and I have done a great deal in San Diego is to stop this because it costs too much and the taxpayers are paying for it. Petco had a situation where it was going to cost the City of San Diego over $200,000 for one walkway that was wrong. We caught them in time to have them fix it. The contractor was there and said, you did it wrong and fix it and they did. Now if we hadn't done that, it would have gone through, somebody could have fallen and sued and won. It is that simple. Get it while it is right. So if you don't tell them what you want, you are not going to get it. This shows a lack of understanding of what a wheelchair does. I encourage the building because it has a lot of wonderful things, but it will not accommodate a wheelchair, and I think there is good tax credits here, but they are not going to be available to this project. Sandra Bovenzi, 300 Carlsbad Village Drive, Carlsbad, CA 92008. I have been a resident of Carlsbad for 22 years. I am not anti-development, but I am a firm believer in development of the greater good for the people of Carlsbad. The Carlsbad bible, which everyone keeps referring to, was created by a qualified Carlsbad staff and also subcontracted outside support as well. The book should be adhered to and followed to the letter. On our project, which is to the east of the project we are talking about tonight, we have had to follow everything to the letter. I think everyone else should follow it to the letter as well. A perfect example of abuse by a mixed-use project, I'm not against a mixed use project, I think it certainly does have some wonderful qualities to it, but the perfect example of a project gone array is the Anastasi project, which is right across the street from the Coldstone Creamery. That is a real eyesore. It is terrible because we had the opportunity to create a wonderful pedestrian area. Yes we did get our retail in, but that is all there is. It butts right up almost to the street. If a car were to jump the curb, you'd wipe out probably all the people on the sidewalk, but there are no trees, there is no vegetation, there are no benches, it is not a pedestrian area; it is to get from point A to point B. I think it is a real eyesore to Carlsbad and it is sad because it is a new project. I am afraid this mixed-use project that is going in next to us is heading in the same direction. Because it is a massive project and it is two to three stories higher then anything in the area. The whole block, which is a larger then average block, is all residential, and this is a mixed use project, which is fine, I have no problems with that, but I think they should have been more sensitive like the gentleman, Ron, said they should be more sensitive to the area. Ms. Bovenzi continued by referring to the manual; the project that is underway is massive and contrary to the book here to Goal 4.2 in the manual which clearly states "established buildings whose scale and character who are compatible with the residential neighborhoods and Goal 4.5, which required design sensitivity to surrounding development;" this project does not. I feel the proposed project is a kind of a nightmare for Carlsbad, and I think if we are going to put in a mixed-use property, we should get it right the first time. Board Member Marquez asked Ms. Bovenzi what she felt about the improvements that are presently existing on the subject site? Ms. Bovenzi said it is an abomination. It is two to three stories higher Board Member Marquez interjected that she is talking about what is presently there today. Right now, the little house and the boarded up building. How do you feel about those improvements that are there now? Ms. Bovenzi answered that a mobile home would look better than what is there. Board Member Schumacher asked if Ms. Bovenzi's project has been approved? Is that right? Ms. Bovenzi said yes, we are underway. DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 12 of 24 Board Member Schumacher asked if that is 30 feet high? Did you get any resistance from the neighbors when your project was approved? Ms. Bovenzi answered no; none whatsoever. Michael Bovenzi, 343 Oak Avenue, Carlsbad CA 92018. I have been a resident for close to 20 years. First I wanted to discuss the wall issue. On the south property line we are showing an existing grade of 49 feet. They are proposing a 53.5 finished surface, which is almost level to that, which is a 41/z foot fill. The fill is not a 3 foot fill as proposed; it is a 4 Vz foot fill with a 6 foot solid concrete wall on top of there, which means Mr. Bauern to the south is going to have a wall that is a better part of 11 feet bordering his property line. Myself, to the west here, I just put in a brand new perimeter wall on both the west and the east. The west with the adjacent property. Mike Grimm, Senior Planner, who is my project planner, who is was very specific when I spoke with him last week; do not build your wall higher then 6 feet from existing grade. I was out there all day every day making sure this wall was not higher then 6 feet in height. That is not because of my site; that is because you don't have an affect on your neighbor. Mr. Bovenzi continued, when you get down to Policy 21 written by Michael Holtzmiller regarding perimeter walls, it says: In a required side yard, total height shall not exceed 6 feet. He clearly states a 4 foot retaining wall and a 5 foot fence would not be permitted because the total exceeds 6 feet. Starting with Craig Ruiz, back in 2004, he was the assistant planner on the project, stated that the retaining wall shall not exceed 6 feet as measured from the exterior from the property. Cliff Jones, December 15 wrote the same thing, staff has concerns about combination wall/fences, being aware that the fences along the property line shall not exceed 6 feet. Cliff Jones also said the same thing on March 28th and he also quoted the same thing on'June 24th in the preliminary review letters to Robert Richardson. I asked many times for the preliminary review letters. I was only given one or two, and I did find another three of them in the City of Carlsbad last week. They also wanted in writing from Dennis Bauern what the walls were going to be; they want his opinion and they never got his written opinion on the walls. The problem with the walls and then the village redevelopment is, they want the wall as a 6 foot buffer, solid masonry wall, for privacy and sound. It is pretty simple. If you can't build up the lot, that means the entries for all the units along the east and the south have to be at grade level. The entries are not at grade level. Did they have a challenging lot here? No. There was no challenge. What they could have done, which they didn't do, was they could have put the parking below grade because it says in the manual, the ground floor shall be devoted to commercial uses. Now the 12 thousand or so six hundred square feet, which defines the ground floor, the 1,900 square foot retail combined with the parking for the commercial is less then 25% of the ground floor. That by definition of devote, which means commit all to, is far from the definition. When you get into parking, the ground floor of all mixed-use projects shall be devoted to commercial uses, avoid buildings which devote significant portions of the ground floor space to parking uses, and they have devoted 75% of the ground floor to parking uses. It would have been really easy to put the parking three or four feet below grade, which it easily could have done, because the lot has a natural slope of. approximately four feet and all the entries to the adjacent properties would have been at grade level. Mr. Bovenzi said as far as the setbacks, the setbacks on both Lincoln and Oak, the buildings stick out 20 feet farther on Oak Avenue and 18 feet farther then anything on Lincoln Avenue. Not only are they going up 4 1/2 stories, but the building sticks out 20 feet farther on both sides, and they claim there is no adverse affect on existing residential. Not only do you lose the line of site down both Lincoln and Oak for the entire block, we have loss of sun, we have loss of view, and you lose your ocean breeze. That is an adverse affect. Dennis Bauern, 3149 Coachman Court, Oceanside, CA 92056. My wife, Jeannie, and I own the building to the south at 3134 Lincoln Street. We are here because we have problems with the development. Let me just say, clearly what is there now is a blight and something needs to be done so there is no doubt in all of our minds that much improvement can come from that area. However, we are very developer friendly, to be honest. We have five units to the east of us going up, and the reason we have no comment and have no problems is the setbacks are to the maximum and we have no loss of privacy for a five-unit DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 13 of 24 building. Our building is two stories, 18 foot tall, three units on the top and two on the bottom. They are all with the living and family room facing the north, which would be facing right into the south facing side of the new development. The biggest concern we have is, and I think the map up here earlier showed it, the redevelopment has 270 degrees around an existing set of zone requirements. This means the developers have a real responsibility to be very sensitive about the surrounding environment. In my opinion, they really weren't in this case. First of all, 41 feet or 35 to 40 feet and we are at 18 feet. Secondly, even with the southwest facing four units, rather than have them face south for the living and family room, they have them southwest facing. That still looks into our properties. It seems to me with our five units facing north, their four units facing southwest, we are going to have a conflict. When the developer is gone, we are going to have people owning those properties. Our tenants are going to be in there and it is going to be a conflict. If we could have had at least upfront involvement with the acclimation of which direction it was facing, facing over Oak made just a whole lot of sense. The properties could have faced out over Oak. Even if we look into the back of the unit, we have the privacy. So the orientation of the building from the start is a concern. The height is the second concern. The setbacks I saw earlier were 5 to 10 feet. I believe the recommended is 7 feet. Between our property and this new development is probably not going to be over 18 or 19 feet apart. That is very tight and very close for a surrounding area. I believe for those three reasons and just the simple fact that the insensitivity to the surrounding area I don't believe was taken into account. The first I became aware of this was about June or July of last year at which time I met with Cliff Jones, and I took him through some of our concerns. The bottom line is if this were acclimated or at least oriented in a different fashion, we could deal with the height. We did agree in a meeting I had with him, I said we've got to do something about this orientation, the height, and then the ingress, egress, because everything is on our side. To be sensitive to the developer, I said if we could increase at least the wall, then they are not looking over into our living rooms when they are walking into their units. I look at what this is resulting in, and I just think we are going to have long-term problems with our five residents and their four owners of their units with people looking into each other. They can put palm trees in there, they can put walls higher that are above code, but I really don't think that is a good long-term fix for that area. Those are my concerns. Board Member Marquez asked Mr. Bauern how old his building is? Mr. Bauern said it is about 40 years old. Chairperson Heineman closed the public hearing. He asked staff, Mr. Rick and Mr. Jones, to respond to the questions. Mr. Cliff Jones asked if there was a particular question they would like him to start with. Chairperson Heineman told him wherever he wants to start. There were a number of questions raised. Mr. Jones started with the comment made about requiring underground parking. There actually isn't a requirement for underground parking. There is a design guideline that talks about how parking should be screened from public view. But there isn't anything in the Master Plan or municipal code that requires parking to be provided below grade. As one of the basic ten design principals, parking is to be visually screened and the structure surrounds the parking area so it is achieving that basic design principal. Mr. Jones continued with regard to providing underground parking, which would make the entire ground site be a retail space, staff felt as though it would create a compatibility issue with the adjacent residential uses having such a large commercial space there at that corner space. In addition, it may be difficult to lease a space that large as well, which could lead to undesirable tenants locating in the commercial space there at the ground floor if the entire ground floor were devoted to a retail use. As with regards to height, as the Board already knows, if a project is located over parking, the permitted building height is up to 45 feet. The subject project has a building height at a maximum of 41 feet. However, the majority of the structure is set at 36 feet. With the comment with regards to the project being 2 to 3 stories taller then DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 14 of 24 anything on this street, the project is actually three stories with roof decks, so it actually is not 2 to 3 stories taller then anything on the block. There are a number of two-story structures on the block. Mr. Jones said in regard to the comment about Title 24 accessibility. The Title 24 review, the detailed review, is done at the time that the detailed construction plans are submitted. For the purposes of receiving the redevelopment permit and related coastal development permit and tentative map, we do not require detailed construction plans at this time. The applicant was made aware of the concern about the Title 24 requirements and staff was assured they had met with our building plan check consultant for the Title 24 compliance. Chairperson Heineman asked Mr. Jones what the Title 24 compliance is. Is that the handicapped? Mr. Jones answered correct. He said those were the major issues that I heard. There might be additional issues that I would be more than happy to respond to. Mr. David Rick, Engineering, said he could verify some of the grade changes that have occurred with respect to the wall. Mr. Richardson responded regarding Ron Alvarez talking about line of site and putting parking underground. We didn't put our parking underground. It is semi-underground, but it is out of sight to where we have walls and we have garages. Our garages are garages that have roll up doors and there is beautiful entry ways with lighting and pavement so that even though it is underground, it is going to have a look and feel like an entryway instead of a backdoor. We feel most of the time they will come in that way than the other way. The issue about being a licensed architect, I am not a licensed architect. I am a planner. I have been in the business for thirty some years. I have had staff up to 17,18 people. I've done all kinds of work up to a ten-story building. I have two architects that are outside consulting staff, a structural engineer and no project that I have ever done had to be signed and stamped by an architect. We do the planning and no way are we cheating anything or trying to do anything other then the right way of doing it. This town would not allow it anyway. As far as the ADA issues, when this project started over a year ago, this building was designed and since then there has been some changes. This last summer there was a change with Title 24 and ADA so there are a few issues that have been pointed out tonight that have to be addressed. Mike Bovenzi's projects would not meet the new standards that we are being judged by tonight. He got in and had his plans in plancheck before the cut off for that. Mr. Richardson continued with the comments about how massive the building is. This exhibit here is 30 feet and he is higher up on the street then we are and it is going up hill. He is at 30 feet, but if you look at that exhibit and also at this other one covered up, Mike Bovenzi's project, his windows and our windows are within a couple feet of each other. His project looks down on the lot going down Lincoln, the side of it. They impact the neighbors every bit as much as we do, and it is sad to see that now that he has his high building, he is complaining that we are doing the same thing. As far as the wall down on the south property line, it was tapered, it was low, and if you look at the grades one spot or the other, as you will see in the elevations, it tapers down with the grade. The south property line changes from the curb line and it goes up almost four feet, so the wall and the grades along our building taper down with it to where we did not carry the grade level all the way out. We originally had it at 6 feet from his existing grade and that's when we asked to increase it only by that 3 feet. I feel for the gentleman to the south property. We have tried to be instrumental; I know it well. My daughter lived in a downstairs unit so I have been there a hundred times or more while she lived there so I was very sensitive to it. I feel like our windows are at an angle to them, we have the buffering trees and we plotted so I think it has a lot less impact. It is also not the main part of the house. The main part of the house is facing towards those patio decks on the north side so that is a secondary use in that building. Chairperson Heineman commented that Mr. Richardson mentioned that the handicapped access laws have been changed or were changed at the time you were finishing the plans, is that correct? DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 15 of 24 Mr. Richardson answered yes, right. The various codes that Ms. Sharp brought up have changed. Chairperson Heineman asked if he does plan to change the plans? Mr. Richardson said if we don't change the interior of this building, it will never get built. Sometimes we have more corrections on ADA then we do on structural or architectural. Chairperson Heineman confirmed that Mr. Richardson is planning to make corrections to be code? Mr. Richardson said you have to be. Board Member Lawson asked Mr. Richardson regarding him speaking of the southern property line and for that matter even the eastern property line, as I am understanding the plans, the setback from the property line is from the extreme of the building edge, which happens to be the corner points of the pop- out windows, correct? Yet, the main flat portion of the building is setback even further from that. About how much further is that additional setback? Mr. Richardson answered it is approximately five feet. Board Member Lawson continued that the perception of looking at this facing at you, then actually there is a significant amount of this being recessed even further back from the property line than the eight feet or whatever is set here. With respect to the wall along there, I would like to get clarification from staff first; that has to do with the retaining wall. There was comment made earlier that the six foot walls are intended for visual blocking and sound. I was not aware that sound was a built in requirement for those walls. Can you clarify that? Mr. Jones answered that for any type of commercial property that is located adjacent to a residential use, it is written in the Master Plan that a solid masonry wall be provided. Typically it is for privacy and sound from the commercial use for the adjacent residences. Board Member Lawson asked when you speak of sound, is it hit with requirements of certain decibel readings and that level of compliance? Mr. Jones said no, not that particular wall. Board Member Lawson commented it is intended in concept that everyone recognizes that a solid masonry wall is going to provide better sound buffering, but it is not to require a certain precise dropage of decibel readings. Mr. Jones said that is correct. Board Member Lawson said based upon that clarification, he doesn't have the question for Mr. Jones. Jane Mobaldi, Assistant City Attorney, added there were a lot of comments on the Manual being the bible, etc., and the standards have to be strictly followed, but I think it is important to understand that in terms of development standards in many cases there are ranges. For instance, on the height, even though you have parameters, the development can fit within those parameters at different points in the range. So that isn't set in stone. Likewise, when you are talking about policies such as compatibility with surrounding development and sensitivity to the neighborhood and compatibility in skill and character, those types of decisions are by their very nature discretionary and that is why the Board is here, to make those decisions and to make determinations based on the evidence and the presentation as to whether or not those developments are in keeping with the neighborhood. It is not something that is black and white and you can always definitively say, this is okay and this is not okay. There are guidelines, there are standards, but within those standards, there is often discretion for the Board. / i DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 16 of 24 Board Member Schumacher asked about the wall between the subject property and the one to the east. Also the one to the south as well. The project to the east is getting a six foot wall as well? Are they required to put in a six foot wall also? Mr. Richardson said yes. Their grade has been a little bit of a moving target to where we designed our original grade to the proposed grade that he had within his project. It sounds like we know now our engineer checked with the drawings and also worked with David Rick in Engineering, they gave us the new grades. It has been dropped considerably, two and a half feet, which has also now changed for us. At the last minute David Rick and Cliff Jones called us and we did an overnight design with the civil engineer changing our grade on the east wall so that the drawings you have were accurate to the new as- built condition that was set up by the grading plans that were used for the grading. If it is more then two and half feet, I wonder if their grading meets the intent of their original design. I am shocked that it changed that much. Normally Engineering is really tough on us. Once we do the grades like we have here now, they are going to be really tough on us when we come back for a grading permit. It is interesting it dropped so far. Board Member Marquez asked Mr. Richardson about the property to the east that had a finished grade that was the same as your existing finished grade. Now he has put up a six foot masonry wall, correct? Then you are going to bring your finished grade up three feet, correct? Then put another six-foot masonry wall on top of that? Is that what you are doing? Mr. Richardson answered no. Our original grade was actually below his grade. Our grade on the east side was actually below him to where we were originally. Board Member Marquez asked if he lowered his? Mr. Richardson said yes, he lowered his grade. Board Member Marquez commented she noticed there is about a two foot difference between his grade now and your existing grade. But now you are bringing your existing grade up another three feet with a retaining wall? Is that true? Mr. Richardson asked David Rick to answer that. David Rick said the grade on the subject property is being raised anywhere between about a half foot to two feet. Board Member Marquez asked if that was where it is presently? Mr. Rick answered right, on the southeast corner. Depending on where you take the grade, it has a variation. Board Member Marquez asked what kind of separation is going to be between these two walls separating the properties? Mr. Rick said he doesn't know the exact measurement, but it is anywhere between no more then a foot, based on Mr. Bovenzi's plan and comparing with the subject property. Board Member Marquez said Mr. Bovenzi put a wall cap on top of his nice masonry wall. I am wondering how close the applicant's wall is going to be to that and how that is going to look. Mr. Rick said that is a good question. I don't know how far that cap stretches out because I don't have that detail in front of me. (il DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 17 of 24 Board Member Marquez guessed about three inches on each side. Mr. Richardson said originally it was set up that we had offered to even put the wall up for him and then he got ahead of us and so he put his wall up separate from our's. Of course, his needs to be completely on his property. Board Member Marquez agreed and then said your footing will have to be designed differently because it is a retaining wall. Mr. Richardson answered absolutely. His footing should be engineered to be completely on his side. Board Member Lawson just wanted to make this clear. So we are going to have a wall and a foot between basically two walls? Mr. Richardson said no, our's is a property line wall. You can only put it within an inch of the property line. So we need to find out from Mike Bovenzi where he put his wall. Whether he put it right on the property line or a distance in. Our wall cannot go over our property line, either the footing or the wall or the cap, nothing can go over that wall, and it has to be completely self-designed to carry our loads, our design, and anything that is against him. Like right now, if he is above us and he has a wall with a footing, our wall has to be engineered to take his footing so his soil pressure is coming towards us, we have to engineer for that. Board Member Baker commented how odd that is going to be to have two walls with dead space in between that will fill up with trash and weeds. Isn't there a way to share the wall? Make this work? Mr. Jones said with regards to what the Board would like to see the finished wall appear as, the Design Review Board has the discretionary approval to make a recommendation for what they would like to see the wall height as. If that means having additional separation for the wall height, that could be done or keeping the wall height very close, maybe up to that point where the walls meet at a higher point, that could be proposed as well. Mr. Rick clarified that he did some measurements and the subject property wall is six inches from the property line, and it appears that from Mr. Bovenzi's plan, that wall is also six inches according to the plan from the property line. Chairperson Heineman said then there would be a foot gap between them? Mr. Rick answered right, a foot gap. Board Member Baker has a question for Mr. Jones. One of the speakers, Mr. Dreifuss, said this project is over the amount of units that is allowed. Could you give the audience a brief explanation about the growth control plan. Mr. Jones said the City does have a Growth Management Ordinance, and the range within the RMH designation that this property is receiving is 8 to 15 dwelling units per acre. The growth management control point restricts that to 11.5 dwelling units per acre. I believe that is where they were getting that lower calculation for the number of units. However, if certain conditions are made by the Board, the number of units could be increased over that growth management control point. Those conditions are included in the Design Review Board Resolution. They are related to certain types of public improvements already being there in place and those findings have been found in the Design Review Board Resolution. It is up to the Board to adopt it. It is also noteworthy that this project as it is proposed, is at a density of 14.89 dwelling units per acre. Within the Redevelopment Area, you can actually dedicate a higher density based upon project compatibility. So the project could have received a RH zoning designation. However, DESIGN REVIEW BOARD MINUTES JANUARY 23,2006 PAGE 18 of 24 it wouldn't meet the general plan because it would be less then the 15 to 23 dwelling units per acre. So the project did receive an RMH density designation. Chairperson Heineman reiterated then it is in compliance. Mr. Jones said correct. Ms. Mobaldi interjected with regard to the question about the wall; Ms. Fountain and I have been discussing it. I believe the manual requires that you have a masonry wall in between residential and commercial development, and it seems to me that there is already one there even though it is on the adjacent property, that you are meeting that requirement. At least as to the east side and perhaps on the south if there is no masonry wall, you would have to have this developer install one there. Chairperson Heineman said he thinks that is the answer to the wall. Mr. Jones said the additional height was proposed for screening, but a six-foot wall could be proposed. Ms. Mobaldi said the Board can also consider other things for screening, assuming the wall is already there, additional landscaping and that sort of thing in terms of screening if you feel that is necessary. They wouldn't have to have necessarily two walls. Board Member Marquez said the property owner to the east, his wall will not retain the soil they are going to back up against it. The extra three feet they are putting up against it so the applicant has to construct a wall. Now are you saying that wall will just extend three feet over the retaining wall that is retaining the soil because that is part of finished grade, that retaining wall, and you have to go six feet up over that .so that is nine feet of masonry wall? Ms. Mobaldi said she is not addressing this from an engineering standpoint, so I don't have an understanding of that. Board Member Marquez questioned still needing two walls. Ms. Mobaldi said you may feel you need two walls. I am just saying that the Manual says there needs to be a masonry wall between the commercial and the residential. That doesn't necessarily mean that you need to have two, one on each property. I was just trying to answer Board Member Baker's question about the wall. Board Member Marquez thought maybe we could have the two walls married at the ends so that we wouldn't have the foot separation. We'll talk about that when we get to our discussion. Board Member Lawson reiterated what he was hearing Ms. Mobaldi say that there is the potential that however you get to this pad elevation that is equivalent to the perimeter, which is approximately three feet of additional retaining, but above and beyond that point, that remaining wall doesn't necessarily have to be masonry wall if there already is a masonry component along the property line. Am I making any sense with that? Ms. Mobaldi said that is a legitimate interpretation, yes. Board Member Lawson said then it may be open for an alternative material that if the asthetics issue of be it 9 feet or 11 feet, or whatever it is, there is an opportunity to either be working with a different material, whether it be wood fencing or something else that the owner is willing to put there instead of continuing a masonry wall along that boundary line. That would be up to them if they want to proceed further with this project. >MINlDESIGN REVIEW BOARD NflNUTES JANUARY 23, 2006 PAGE 19 of 24 Chairperson Heineman commented it is not the Board's decision. ACTION: Motion by Board Member Baker, and duly seconded by Board Member Lawson, to adopt Design Review Board Resolution 302, recommending approval of RP 04-11 and adopt Design Review Board Resolution 303 recommending approval of CDP 04-30 and adopt Design Review Board Resolution 304 recommending approval of CT 05-03 to the Housing and Redevelopment Commission, based on the findings and subject to the conditions contained therein. Board Member Lawson wanted to know how we can put in a request to try to get the wall issue resolved or whether or not we really even need to. Because understanding the process by which this project moves forward, we are just providing a recommendation to the Housing and Redevelopment Commission which is an additional public hearing process. Between now and then the applicant may explore alternatives on how to address some of the discussions that have surfaced here this evening. Is there any need to add anything else into that because I personally hope this issue with the wall around the perimeter will be addressed. Chairperson Heineman said he could add that into the motion by saying, "With the understanding that the question of the wall will be settled by staff and developer." Does that sound good Ms. Mobaldi? Ms. Mobaldi said she doesn't know what "settled" means but, I think they could come up with some recommendations for how to resolve that in light of the Board's concern about the double walls. Chairperson Heineman said then we can say, "With the understanding that they will come up with a settlement." Board Member Lawson commented that he knows there was a lot of heartburn and frustration here this evening with those who have expressed their concerns, and I sympathize with them. I have been through something similar when you have adjacent land uses where the codes are slightly different. It is a question of why aren't the rules that I operated under the same for the guy across the street or next door. When those are not always the same, it can be quite frustrating, but I find staff has done a remarkable job to prove compliance with their codes. I have no reason to think there is any smoke in mirrors to try and get around those codes, and with that in mind, I am very supportive and I do like the design. While I've been on this Board, I have been waiting to see something that I thought looked like this and I am impressed with it. I might not reflect the sentiments of the audience that is here, however what I have seen over the years, and I was born and raised here and go back a number of generations beyond, but this is what I was hoping we would see more of while I have been on the Design Review Board. With that in mind, I am very supportive of this project. Board Member Baker said she supports the project. She does have sympathy. I think Mr. Lawson said it very well. It is difficult when there are different land uses right next to each other. I think the properties to the east and the south develop under the City of Carlsbad Municipal Code and these are under Redevelopment Code. I haven't heard anything at the public hearing tonight that would lead me to think this project doesn't comply with the Design Standards. That being said, it is difficult to make any findings that it isn't compatible with the neighborhood. I think because of the retail, it does have to be closer to the street. Some speakers made reference to the Anastasi project. Retail is close to the street. You walk down State Street, you walk down Grand and they are close to the street with the sidewalk right there. That is something we have been trying to encourage in the village; the 24-hour live/work sort of thing. I think this project will go a ways to help create that atmosphere. I agree with the wall, it seems redundant to have two walls right next to each other with some dead space in between so I would like for the engineer and the applicant and the property owner to the east to try to come to some resolution on how that can happen so we don't have a double wall, one higher, one lower, dead space in between; that just makes no sense. 10 DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 20 of 24 Board Member Marquez commented that she is a Village resident and has been for 23 years continually and lives not too far away from this project. The beach bungalow, I am afraid, that I occupy is an endangered species in the Village and it looks like there will be more and more of this type of development coming into town. I think this is a high quality design. I felt very happy with it, and I was very glad to see the tourist serving commercial aspect of the development. I am in total support of the project. I understand a little bit about construction and know about how walls have to be engineered and whatnot so I know this is going to be a challenge for staff, but we will leave it to them. Board Member Schumacher said he doesn't have anything much more to add then what has already been said. I like the project. I think it wasn't maximized in every way. They could have gone a little taller, they could have gotten some more retail in there, and I appreciate that. I think the setbacks on the second level offer some relief architecturally and pull it back away from the street. They could have elected to not do that and get more square footage and then they would have sacrificed the design, but they didn't. I think it is a good model. Chairperson Heineman commented he thinks it is an outstanding project. I think we will be proud of it. VOTE: 5-0-0 AYES: Heineman, Baker, Lawson, Marquez, and Schumacher NOES: None ABSTAIN: None ABSENT: None Ms. Fountain presented the next item which is referred to as Madison Square and it is another Major Redevelopment Permit. Again, Cliff Jones, our Assistant Planner in Housing and Redevelopment, will do the presentation with assistance from Dave Rick. Mr. Jones said the applicant and part owner, Bruce Baker, is requesting a Major Redevelopment permit for the construction of a 6,234 square foot, three-story, four-unit condominium located at 2737 Madison Street in Land Use District 1 for the Carlsbad Village Redevelopment Area. Representing Mr. Baker today is his architect, Judson Pittam. The proposed project requires a Major Redevelopment Permit because it involves new construction that has a building permit valuation that is greater then $150,000. In accordance with redevelopment permit procedures, the Major Redevelopment Permit is being brought forward for a recommendation by the Design Review Board and final approval by the Housing and Redevelopment Commission. The subject property is located on the west side of Madison Street, south of Laguna Drive at the intersection of Arbuckle Place and Madison Street. The subject property is currently vacant totaling 8,248 square feet with frontage along Madison Street. According to City records, the last known use for the site was a detached 768 square foot single-family dwelling unit, which was in a state of deterioration. The property owner, at the time, not seeing any value in the structure, demolished the unit in 1994 in order to make the property more marketable. To this date, the lot has remained vacant. The proposed project is bordered by a post office, not only to the south, but behind to the west as well. To the north of the proposed project is a residential use. To the east, across Madison Street, exists a residential use. The proposed development application is for a three-story, four-unit condominium project totaling 6,234 square feet. There are two floor plans for the proposed units. Floor plan one totals 1,514 square feet and floor plan two totals 1,603 square feet. Each unit has three bedrooms and two bathrooms. Vehicular access to the covered resident and guest parking is provided off of Madison Street. Residents may access the units through the garage or at the entries along the southside elevation. The Village Master Plan and Design Manual includes the regulations governing development within the Village. The proposed project is within Land Use District 1 of the Village Redevelopment Area. Multi-family residences DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 21 of 24 are classified as provisional uses within Land Use District 1. Considerations that must be addressed to assess the appropriateness of this particular provisional use are on the screen above and are as follows: • The multi-family residential use is appropriate to the site and adjacent development; • The site is adequate in size and shape to accommodate the on-site parking without adversely affecting the visual environment of the Village. Staff concludes that the proposed project complies with both of these considerations. First, the multi- family use is consistent with many of the surrounding, adjacent residential uses along Madison Street. Second, the site is adequate in shape and size for the proposed multi-family use and has parking that is visually subordinate within the garages and will therefore, not affect the visual environment of the Village. Staff feels the multi-family residential use is appropriate for the surrounding predominantly residential area as it would add to the residential character of Madison Street and the Village area and the use complies with the vision and related goals of the district. Staff believes the proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: • It provides for a desirable use; • The project may serve as a catalyst for future development; • The project provides for the development of a vacant lot; • The project is compatible with the surrounding residential character of the area; and • The project increases the number, quality and diversity of housing types in 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 through reduced building coverage. The building height of the project is in compliance with the established standards set just below the permitted maximum height. Adequate parking is provided for the residential units through the use of two-car garages and two covered guest parking spaces as required. In Land Use District 1, the required front yard setback is 0 to 10 feet, and the side yard and rear yard setbacks have no minimum or no maximum requirement. The proposed project falls within these required setback ranges. The front yard setback is set at 10 feet after a 10 foot street dedication. The south side yard setback is 16 feet, 7 inches. The north side yard setback is 3 feet, 1 inches, and the rear yard setback is set at 11 feet. The proposed setbacks are therefore consistent with the setback requirements for Land Use District 1. In addition to the development standards set forth in the Village Master Plan, the planned development ordinance provides development standards for recreational space, lighting, tenant storage space, utilities, recreational vehicle storage, and antennas. The project was found to comply with each of the development standards and design criteria of the planned development ordinance as well. 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 development has a strong relationship to the street; • The building is enriched with architectural features and details such as various sized windows with decorative trim, composition wood shingle roofing with a 5 and 12 roof pitch, simulated wood siding, varied building recesses, second and third floor balconies, and varied building colors; • The project also provides for an abundance of open space and landscaping along all sides of the building; • Parking is visually subordinate contained within garages and/or covered guest parking. DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 22 of 24 The following two slides show the proposed building's architectural design and mature landscaping from the front and the rear elevations and from the north and south side elevations as viewed from the adjacent properties. The Housing and 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 infill development project. The necessary findings for this environmental determination are included in the attached Design Review Board Resolution. 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 underutilized, vacant lot will result in increased property taxes, and this increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, it is anticipated 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 blighted, vacant lot and construction of a quality multi-family residential project. In conclusion, staff is recommending approval of the project. Development of the site is anticipated to 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 asked for clarification on understanding along the northern property line. Specifically I am looking at the tentative map and the tentative map indicates that entire area between the building and the property line is a concrete drainage swale. Am I reading that correctly first of all? Mr. Rick said that is correct. Board Member Lawson continued with that exhibit if you go to cross section C, it looks like the separation, they are offering a dimension of 2.4 feet, to what would be the stem wall that would be for the structure itself. Is that correct? Mr. Rick said yes. Board Member Lawson said with that in mind, I am going back to the building elevations where if you look at the west elevation of the structure, which is sheet A3, the base of the building there, which seems to be elevating up from the structure then as it climbs up higher from the ground, it pops out even further back towards the property line. My question is I am unclear as to if you think about all of that second and third floor, how far it really is setback from the property line and whether or not that is truly useable space along that north side if it is consumed with a concrete drainage channel. Could you provide some clarification on that? Based upon the way I am reading the dimensions here that the majority of this building, if you are looking at it from the neighbor's property and you are looking over a fence, which is at the property line, then the majority of that entire building is actually even closer than the three foot from the property line as well as the fact that it is being utilized for landscape, does it meet landscape the open-space requirements along there if it has this concrete drainage device? Mr. Rick said in regards to the width of the pop out, I just measured it to scale and it was about a half of a foot; 6 inches. Chairperson Heineman commented that it looks more like 10 feet. Mr. Rick said unless I am not understanding you. Board Member Lawson asked if he had the building elevation? DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 23 of 24 Mr. Jones said yes he does. With regards to the open space calculation, the proposed project is at 27.7% and the swell, if I recall, was calculated as not part of the open space, but I can't say a hundred percent sure, but it wouldn't affect the overall open space calculation at 27.7%. Board Member Lawson said the reason he brings this up is when we were doing the Escrow Transfers project, there were some concerns of being able to drain out along those properties and still when you are trying to convey that water along that distance, to be able to truly utilize it for landscape purposes I know is an extreme challenge. Maybe that can be addressed by the applicant or the representative, but I was wanting to get clarification from staff as to how they were treating that and looking at that. Mr. Jones said the setback area at the swell area was calculated when you are looking at it from a bird's eye view. It would be the three feet, one inch. Chairperson Heineman commented that it certainly looks like it is more then ten inches. Mr. Jones said that is correct, it is. Board Member Lawson said what he is referring to is in the lower exhibit and the lower left-hand corner. The wall comes up from the ground and then it goes up, I am speculating somewhere in the neighborhood, of 6 to 7 feet and then it starts to curve out. Then the rest of the building goes on up. I am just trying to understand where we find that three-foot setback. Mr. Jones answered the setback would be from the higher point that is closer to the property line. Board Member Lawson asked if that would be the case? Mr. Jones said correct. Board Member Lawson said it is not clear when he compares it to the civil drawing. Mr. Jones said that is something he can fix on the proposed plans. With the side yard setback, there is no minimum or maximum setback so with that portion the project still does meet the standards if the Board wants to recommend approval. Board Member Lawson asked whether it is three feet or two feet it is still correct? Mr. Jones answered that is correct. Judson Pittam, 2810 Roosevelt Street, Carlsbad, CA 92008. He has lived in Carlsbad for several years. I am speaking for the applicant, Bruce Baker, who is the owner of the property and my client. I would like to clarify the issue of the drainage swell. We first started on this project almost two years ago, and it has taken a long time to get to this point. We have had input from the Redevelopment Department and a lot of input from the Engineering Department, Mr. Van Pesky at the City of Carlsbad. A lot of time has been spent between Mr. Van Pesky and our Civil Engineer from San Diego resolving the drainage on this property. We knew we had a problem to begin with because the lot was basically flat. A flat lot poses problems that lots with natural drainage do not. The swell there is concrete and it actually drains to the rear of the property and around the building to the driveway, and the reason for that is because the runoff on the north side of the building, the roof falls in that side yard setback and there is not enough room at the front of the building to have any kind of retention to keep the water from flowing into the street too fast in case of a heavy downpour. So therefore, the Engineering Department of this City and the Civil Engineer resolved this by reversing the flow to the rear of the property, and it is at a 1 % slope which is paved. Now it could have been at 2% and planted. However, it would have raised the grade considerably at the front of the building, and everybody agreed we would pave it and the landscape architect has provided plots with plants in that area. It was never intended to be a walking area, but there is landscaping there, which DESIGN REVIEW BOARD MINUTES JANUARY 23, 2006 PAGE 24 of 24 will grow up between the building and the adjoining property to the north. As far as the setback is concerned, the setback is three feet, one inch, all the way up from the ground to the roof, except for where it steps back at the balcony area and some more at the third floor level. I would also like to point out that in the design of the building, the second floor level is approximately twice the area of the third floor level. We tried to scale it down so it would read more as a two-story building then a three-story building, and I think we have accomplished that. Chairperson Heineman asked if there was anyone in the audience who would like to speak that hasn't submitted a request to speak? Seeing none, public testimony is closed. ACTION: Motion by Board Member Baker, and duly seconded by Board Member Marquez, to adopt Design Review Board Resolution 305, recommending approval of RP 04-24 to the Housing and Redevelopment Commission, based on the findings and subject to the conditions contained therein. VOTE: 5-0-0 AYES: Heineman, Baker, Lawson, Marquez, and Schumacher NOES: None ABSTAIN: None ABSENT: None DIRECTOR'S REPORT No report by the Director of Housing and Redevelopment. ADJOURNMENT By proper motion, the Special Meeting of January 23, 2006, was adjourned at 8:35 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENT! Minutes Clerk PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp 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: thMarch 24tn, 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 24th, Day of March, 2006 Proof of Publication of public'hea CASE FILE NO.: RP 04-24 CARLSBAD HOUSING & REDEVELOPMENT COMMISSION Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING MADISON SQUARE NOTICE IS HEREBY GIVEN that the Carlsbad Housing & Redevelopment Commission will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 PM on Tuesday, April 4, 2006, to consider approval of a request for a Major Redevelopment Permit No. RP04-24 for the construction of a 6,234 square foot, three-story, four-unit condominium on the property located at 2737 Madison Street in Land Use District 1 of the Carlsbad Village Redevelopment Area. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Cliff Jones in the Housing and Redevelopment Department at (760) 434-2813. You may also providev your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Housing & 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 & Redevelopment Commission will be considering approval of the environmental determination during the public hearing. If you challenge the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE NO.: RP 04-24 PUBLISH: March 24, 2006 CARLSBAD HOUSING & REDEVELOPMENT COMMISSION S/7E MADISON SQUARE RP 04-24 ALLAN DRESDNER 416 DAHLIA AVE CORONA DEL MAR CA 92625- 2844 AMINAT SHARIPOVA 786 GRAND AVE CARLSBAD CA 92008-2330 ARLENE OLIVAS 5065 ENCHANTED OAKS DR COLLEGE STATION TX 77845- 7659 CLIFFORD WARD 945 S ORANGE GROVE BLVD APTD PASADENA CA 91105-1793 DONALD DEWHUR3T 7541 GIRARDAVE LA JOLLA CA 92037-5102 DOROTHY PATERSON 1375BASSWOOD AVE CARLSBAD CA 92008-1904 ESTER AHRONEE 4440 GATHER AVE SAN DIEGO CA 92122-2614 HENRY TREJO PO BOX 281 CARLSBAD CA 92018-0281 ISOKAZU TABATA 4929 PARK DR CARLSBAD CA 92008-3825 JACK PHILLIPS 2667 OCEAN ST CARLSBAD CA 92008-2238 JAMES DAVIS 13215 PENNST APT 610 WHITTIER CA 90602-1725 JANE WILSON 2710 MADISON ST CARLSBAD CA 92008-1727 KAREN BARLOW 226 E BROADWAY VI STAC A 92084-6018 LISA BENTSON 2644 MADISON ST CARLSBAD CA 92008-1721 HOWARD-JONES 2785 ROOSEVELT ST CARLSBAD CA 92008-1617 HOWARD-JONES 2785 ROOSEVELT ST CARLSBAD CA 92008-1617 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92011-1230 SCANLON SCARPELLI SCARPELLI 7306BORLAPL 929 ORCHID WAY 929 ORCHID WAY CARLSBAD CA 92009-7802 CARLSBAD CA 92011-4830 CARLSBAD CA 92011-4830 STROTHER SWANSON TAMARACK PARK 3811 MARGARET WAY 24 BLUFF VW PO BOX 27781 CARLSBAD CA 92008-3409 IRVINE CA 92603-3602 SAN DIEGO CA 92198-1781 TGMS INC TREJO TUCKER PO BOX 230562 2687 MADISON ST 2810 MADISON ST ENCINITAS CA 92023-0562 CARLSBAD CA 92008-1722 CARLSBAD CA 92008-1733 TUPPER 2785 JEFFERSON ST CARLSBAD CA 92008-1718 Madison SquareHousing & Redevelopment CommissionApril 4, 2006 Location MapSITE Subject Property2683 & 2687 Roosevelt Street Apartment Buildings Post Office to the South and WestWRONG PHOTO Adjacent Residence to the NorthWRONG PHOTO Residential building to the East Proposed DevelopmentThree-Story 4-Unit Condominium Project Frontage and access off Roosevelt Street. Building CoverageRequired: 60%-80%Proposed: 54%HeightRequired: 35’ w/ min 5:12 roof pitchProposed: 33’ w// 5:12 roof pitchOpen Space Required: 20%Proposed: 27.7%ParkingRequired: 10 spaces (2 spaces/ unit & ½ space/ unit for guests)Proposed: 10 spaces; 4 two-car garages & 2 guest spaces Standards ComplianceSetbacks Proposed:Front: 10 feet*S. Side: 16 feet 7”N. Side: 3 feet 1”Rear: 11 feet* 10-foot front yard street dedicationPD Ordinance Project Design Project Design Proposed Project Meets Goals of District 1:Provides desirable useCompatible with surrounding area.Development of a vacant lotServe as catalyst for future developmentIncreases number, quality, and diversity of housing types.Goals & Objectives of Land Use Plan Environmental ReviewProposed project is an in-fill development project and Exempt from CEQA.No comments received.DRB recommended approval of environmental determination. DRB RecommendationDRB voted 5-0 to recommend approval of the project.Project will have positive financial impact and assist in fulfilling the goals and objectives of the Master Plan.