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HomeMy WebLinkAbout2006-04-25; Housing & Redevelopment Commission; 386; Salmen Insurance Commercial Office BuildingHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILI Qai OocQL V) OO AB# 386 MTG. 4/25/06 DEPT. HIRED TITLE: SALMEN INSURANCE RP 04-26 DEPT. HD.<&(^X^ f3*p> CITYATTY. ^&-~-~ CITYMGR ^M&J* RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 416 . APPROVING a Major Redevelopment Permit (RP 04-26) for the construction of a 2-story, 3,326 square foot commercial office building on property located at 955 Grand Avenue as recommended by the Design Review Board, and ADOPT Resolution No. 417 APPROVING a Parking In-Lieu Fee Agreement for said project. ITEM EXPLANATION: On February 27, 2006, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit for a two-story, 3,326 square foot commercial office building in Land Use District 3 of the Carlsbad Village Redevelopment Area. The 6,188 square foot site is located on the south side of Grand Avenue just east of Hope Avenue. The site is bordered by a Motel 6 to the east, a vacant property to the south, a one-story and two- story apartment building to the west, and a residential use across Grand Avenue to the north. The remainder of the block is comprised of a mixture of uses of various sizes including; office buildings, apartment projects, and single-family homes. The subject property measures 56.3 feet wide by 110 feet deep, totaling 6,188 square feet. The lot currently contains a residential use that has been converted into an office use for Salmen Insurance. The proposed development consists of the construction of a two-story commercial office building comprised of two levels of office space and surface level parking. The ground floor includes one 134 square foot commercial office suite, nine parking spaces, an elevator, an elevator machine room, and a trash enclosure. The second floor of the building consists of five office suites with a combined total of 2,768 square feet of leasable office space, three balconies, an open terrace area, and common restroom facilities. The property owner intends for his insurance company to lease the majority of the building. At the public hearing, the Design Review Board members voted unanimously (4-0) to recommend approval of the project as proposed with findings to grant the following: 1. Participation in the Parking In-Lieu Fee Program for a maximum of two parking spaces. The approving resolution along with the Design Review Board staff report and the draft minutes of the February 27th meeting are attached for the Commission's review. In addition, the necessary resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property owners to participate in the Parking In-Lieu Fee Program, are attached for the Commission's review and approval. ENVIRONMENTAL REVIEW: The Housing & Redevelopment Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the 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 PAGE 2 urbanized area that has no habitat value and is served by adequate facilities. No comments were received on the environmental determination. The necessary finding for this environmental determination is included in the attached Housing and Redevelopment Commission resolution. FISCAL IMPACT: The proposed project will have a positive fiscal impact in terms of increased property tax. The current assessed value of the project site is $403,147. With the new construction, it is estimated that the assessed value will increase to approximately $1.5 million. The increase in value will result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $10,969 per year. Finally, it is anticipated that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. The current Village Parking In-Lieu Fee is $11,240 per required parking space to be provided off-site. With a requirement to pay for two (2) parking spaces, the total revenue to the Carlsbad Redevelopment Agency Parking Fund will be $22,480. EXHIBITS: 1. Housing & Redevelopment Commission Resolution No. 416 . APPROVING RP04-26. 2. Housing and Redevelopment Commission Resolution No. 417 . APPROVING a Parking In-Lieu Fee Participation Agreement between the Commission and Leslie Ann Salvagio, property owner at 955 Grand Avenue in the Village Redevelopment Area. 3. Design Review Board Resolution No. 306, dated February 27, 2006. 4. Design Review Board Staff Report, dated February 27, 2006 w/attachments. 5. Draft Design Review Board Minutes, dated February 27, 2006. 6. Parking In-Lieu Fee Participation Agreement between the Commission and Leslie Ann Salvagio. Contact: Cliff Jones, Housing & Redevelopment Department, (760) 434-2813, cjones@ci.carlsbad.ca.us 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 416 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 04-26, 4 INCLUDING PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A MAXIMUM OF TWO PARKING SPACES, FOR THE 5 CONSTRUCTION OF A 3,326 SQUARE FOOT COMMERCIAL OFFICE 6 BUILDING ON PROPERTY LOCATED AT 955 GRAND AVENUE IN LAND USE DISTRICT 3 OF THE CARLSBAD VILLAGE 7 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 APPLICANT: BART SMITH CASE NO: RP 04-26 9 WHEREAS, on February 27, 2006, the City of Carlsbad Design Review Board held a 11 duly noticed public hearing to consider a Major Redevelopment Permit (RP 04-26) for the 12 construction of a 3,326 square foot commercial office building on property located at 955 Grand 13 Avenue, and adopted Design Review Board Resolution No. 306 recommending to the Housing 1, and Redevelopment Commission that Major Redevelopment Permit (RP 04-26) be approved; 16 md 17 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on 18 the date of this resolution held a duly noticed public hearing to consider the recommendation and 1" heard all persons interested in or opposed to Major Redevelopment Permit (RP 04-26); and 20 WHEREAS, the recommended approval includes findings granting participation in the 21 Parking In-Lieu Fee Program for a maximum of two parking spaces; and 22 WHEREAS, as a result of an environmental review of the subject project conducted 23 pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be 26 categorically exempt from the requirement for preparation of environmental documents pursuant 27 to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less 28 than five acres in an urbanized area that has no habitat value and is served by adequate facilities. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 4 2. That Major Redevelopment Permit (RP 04-26) is APPROVED and that the findings 5 and conditions of the Design Review Board contained in Resolution No. 306, on file in the City 6 Clerk's Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission with the addition of one condition to read as follows: o 9 a. The developer is required to install a garage door at the entrance of the proposed I o office building as depicted in Design Review Board Exhibit No. E dated February 27, 2006 and I1 that the door shall remain open during business hours. 12 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered the environmental determination for this project and any 14 comments thereon. The Housing and Redevelopment Commission finds that: 15 (a) The project is consistent with the applicable general plan designation and all 16 applicable general plan policies as well as with applicable zoning designation and regulations; 17 (b) The proposed development occurs within city limits on a project site of no more than 18 five acres and substantially surrounded by urban uses; 19 (c) The project site has no value as habitat for endangered, rare or threatened species; 20 (d) Approval of the project would not result in any significant effects relating to traffic, 21 noise, air quality, or water quality; and 22 (e) The site can be adequately served by all required utilities and public services. 23 The Housing and Redevelopment Commission finds that the environmental determination reflects the 24 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 25 4. That this action is final the date this resolution is adopted by the Housing and26 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Time Limits for Judicial Review" shall apply: NOTICE TO APPLICANT: "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or 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 25thday of April , 2006 by the following vote to wit: AYES: Commissioners Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None CLAUDE A. LEWIS, CHAIRMAN ATTE RAYMOND R. PATCHETT, SECRETAR \ 1970 j" ° '• f 5 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 417 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 8 M WHEREAS, on February 27, 2006, the City of Carlsbad Design Review Board held a duly 9 noticed public hearing to consider a Major Redevelopment Permit (RP 04-26) for the construction of a 3,326 square foot commercial office building on property located at 955 Grand Avenue, and11 12 13 14 15 23 24 25 26 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE COMMISSION AND LESLIE ANN SALVAGIO, PROPERTY OWNER, FOR THE PROJECT KNOWN AS SALMEN INSURANCE AT 955 GRAND AVENUE, APN: 203-320-02, IN THE VILLAGE REDEVELOPMENT AREA. APPLICANT: BART SMITH CASE NO: RP 04-26 adopted Design Review Board Resolution No. 306 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 04-26) be approved; and WHEREAS, on 4/25/06 , the Housing and Redevelopment Commission approved a Major Redevelopment Permit (No. 04-26) to allow Leslie Ann Salvagio, Property Owner, to construct a 3,326 square foot commercial office building on property located at 955 Grand 17 Avenue (Assessor Parcel # 203-320-02) within the Village Redevelopment Area of the City of 18 Carlsbad; and 19 WHEREAS, as a condition of approval of Major Redevelopment Permit 04-26, the 20 Commission and Property Owner agreed to enter into an agreement to allow the Property Owner 21 to participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of the on-site parking requirement for the subject project; and WHEREAS, the Property Owners has agreed, by acceptance of the project conditions of approval, to pay the established Parking In-Lieu Fee for a total of two (2) parking spaces to satisfy a portion of the on-site parking requirement for the approved office project located at 955 HRC RESO PAGE 1 28 1 Grand Avenue within the Village Redevelopment Area of the City; and 2 WHEREAS, the Commission finds that the subject property and project has qualified to 3 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and participation in the program will satisfy a maximum of two (2) of the required parking spaces for the subject office project on the noted property at 955 Grand Avenue; and 6 WHEREAS, the Commission has previously determined that the proposed project is 7 consistent with the goals and objectives of the Village Master Plan and Design Manual; and 8 WHEREAS, the Commission has previously determined that there is adequate public parking available within the Village Redevelopment Area to accommodate a portion of the I j subject project's parking demands; and 12 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of 13 this Parking In-Lieu Fee Participation Agreement. 14 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California as follows: 17 1. That the foregoing recitations are true and correct. 18 19 2. That the Housing and Redevelopment Commission hereby approves the Village 20 Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of 21 the Carlsbad Redevelopment Agency, and Leslie Ann Salvagio, property owner of the 22 project known as the Salmen Insurance which is to be constructed at 955 Grand 23 Avenue, in the Village Redevelopment Area of the City of Carlsbad. 24 3. That the Chairperson of the Housing and Redevelopment Commission is hereby 25 authorized to execute said Agreement, and the City Clerk is requested to forward the 26 HRC RESO PAGE 2 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 executed Agreement to the County Recorder for recordation against the subject property. PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 25th day of April , 2006 by the following vote to wit: AYES: Commissioners Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None CLAUDE A. LEWIS, CHAIRMAN ATTEST: 0\UI Hit, RAYMOND R. PATCHETT, SECRETARY = 5j :g= %\ 1970 Jj. "''**'•" "o*s^ HRC RESO PAGE 3 EXHIBIT 3 DESIGN REVIEW BOARD RESOLUTION NO. 306 1 DESIGN REVIEW BOARD RESOLUTION NO. 306 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-26, INCLUDING 4 PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A MAXIMUM OF TWO PARKING SPACES, FOR THE CONSTRUCTION OF A 3,326 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY 6 LOCATED AT 955 GRAND AVENUE IN LAND USE DISTRICT 3 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1. CASE NAME: SALMEN ISURANCE BUILDING 8 APN: 203-320-02 9 CASE NO: RP 04-26 10 WHEREAS, Bart M. Smith, "Applicant", has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Phil and Leslie 12 Salvagio, "Owner", described as Assessor Parcel Number 203-320-02, and more thoroughly 13 described in Attachment A, ("the Property"); an^14 15 WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-J" dated February 27, 2006, on file in the Housing and Redevelopment 17 Department, "Salmen Insurance Building RP 04-26", as provided by Chapter 21.35.080 of the 18 Carlsbad Municipal Code; and 19 ,hWHEREAS, the Design Review Board did on the 27 day of February 2006, hold a duly 20 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 relating to 24 "Salmen Insurance Building RP 04-26". 25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows: 27 A. That the foregoing recitations are true and correct.28 )0 B. That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Salmen Insurance Building RP 04-26, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 4 e- 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 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, hi making this determination, the Housing & Redevelopment Director has found that the exceptions 9 listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 2. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City's General Plan, the Carlsbad Village Area j2 Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 27,2006 including, but 13 not limited to the following: 14 a. The proposed project is consistent with the goals and objectives for the Village, . as outlined within the General Plan, because it provides for a commercial office project in an appropriate location within the Village. The project provides 16 greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence 17 to the land use regulations and design guidelines set forth for the area. 18 b. The project is consistent with the Village Redevelopment Master Plan and in Design Manual in that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 3 through the following 20 actions: 1) the project provides permitted professional office use in a new structure; 2) the building is designed in a manner that compliments nearby 21 residential uses by incorporating many of a same architectural elements found in ~~ residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. 23 c. The project as designed is consistent with the development standards for Land 24 Use District 3, 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 public right-of-way has been or will be dedicated and has been or will be 27 improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian 2° circulation is provided through pedestrian-oriented building design, DRB RESO NO. 306 -2- landscaping, and hardscape. Public facilities have been or will be constructed to 2 serve the proposed project. The project has been conditioned to develop and implement a program of "best management practices" for the elimination and 3 reduction of pollutants which enter into and/or are transported within storm drainage facilities. ,. e. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space 5 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 7 3. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. n 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; 10 drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to 11 serve new development prior to or concurrent with need. Specifically, 12 a. The project has been conditioned to ensure that building permits will not be 13 issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service 14 remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 16 b. All necessary public improvements have been provided or are required as 17 conditions of approval. I o10 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will j n be collected prior to the issuance of building permit. 20 4. The Design Review Board has reviewed each of the exactions imposed on the Developer 21 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 23 5. The Design Review Board finds that the Developer/Property owner qualifies to participate in 24 the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee 25 Program is contained in the following findings: ^f\a. The project is consistent with the Carlsbad General Plan because it provides for 27 a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian 28 orientation of the area, and retains the Village character and pedestrian scale DRB RESO NO. 306 -3-\cl through adherence to the land use regulations and design guidelines set forth for 2 the area. 3 b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth 4 for Land Use District 3 through the following actions: 1) the project provides g. permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating 5 many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and 7 surrounded by an abundance of landscaping. o c. Adequate parking is available within the Village to accommodate the project's 9 parking demands. Based on the most recent parking study completed in August of 2005, the average occupancy for all public parking lots is 83%. This 10 utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set 11 by the Housing and Redevelopment Commission. 12 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing 13 and Redevelopment Commission. 14 GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 16 building permits. 17 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 1 ° implemented and maintained over time, if any such conditions fail to be so implemented i n 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 20 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 21 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment 23 Permit. 24 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. 2£ Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 27 3. The Developer shall comply with all applicable provisions of federal, state, and local laws 2° and regulations in effect at the time of building permit issuance. DRB RESO NO. 306 -4- 1 2 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 3 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. 6 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body 7 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's 9 approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in 10 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other 12 energy waves or emissions. 13 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 7. The Developer shall include, as part of the plans submitted for any permit plan check, a 16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 17 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 20 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 22 10. Building permits will not be issued for this project unless the local agency providing 23 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 24 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 26 MISCELLANEOUS CONDITIONS; 27 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by DRBRESONO. 306 -5- Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 4 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and r 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 6 Directors of Community Development and/or Housing and Redevelopment. 7 NOTICING CONDITIONS: o 16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 9 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 10 successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution No. 306 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete 12 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 13 Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 15 ON-SITE CONDITIONS: 16 17. The developer shall construct trash receptacle and recycling areas as shown on the site 17 plan (Exhibit "B") 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 19 materials of the project and subject to the satisfaction of the Housing & Redevelopment Director. 20 18. Outdoor storage of material shall not occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter 22 comply with the approved plan. 23 19. 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. 25 20. Developer shall construct, install and stripe not less than 9 parking spaces, as shown on 26 Exhibit "B". 21. Prior to issuance of the building permit, the Developer shall enter into a Parking In- „„ Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for two (2) parking spaces. The fee shall be the sum total of the fee per parking space in DRB RESO NO. 306 -6- effect at the time of the building permit issuance times the number of parking spaces 2 needed to satisfy the project's parking requirement (2 spaces total). 3 22. Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. 4 " <- 23. Design & installation of a garage door/gate at the entrance to the proposed office building will be reviewed and considered by City and Redevelopment Agency staff 5 to enhance the architecture of the building. If deemed appropriate from an operational and design standpoint the Housing & Redevelopment Director may 7 approve final installation of said garage door or gate. 8 STANDARD CODE REMINDERS; 9 The project is subject to all applicable provisions of local ordinances, including but not limited to 10 the following code requirements. 11 Fees 12 23. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 14 24. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 15 25. 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 I 7 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 18 General 19 26. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of 2j building permit issuance, except as otherwise specifically provided herein. 22 27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 23 29. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village 25 Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing & Redevelopment Director prior to installation of such signs. 26 ENGINEERING CONDITIONS 27 Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed redevelopment, must be met prior to approval of a building or DRB RESO NO. 306 -7- I (A grading permit whichever occurs first. 2 General; 28. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 29. Prior to issuance of any building permit, Developer shall comply with the requirements of 6 the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 7 Fees/Agreements8 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding I o drainage across the adjacent property. II 31. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street 13 Lighting and Landscaping District No. 1, on a form provided by the City Engineer. 14 Grading 15 32. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is 17 unable to obtain the grading or slope easement, or agreement, no grading permit will be issued for offsite grading activity. In that case Developer must either apply for and obtain 18 an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 20 33. Based upon a review of the proposed grading and the grading quantities shown on the 21 Site Plan and preliminary grading plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to 22 issuance of a building permit for the project. 34. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar of the site plan and preliminary grading plan reflecting the conditions as approved by the final decision making body (including any applicable Coastal Commission approvals). The 25 reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, 26 final map, improvement or grading plans, whichever occurs first. 27 35. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or 2g other appropriate entities for all public streets and other easements shown on the site plan. DRBRESONO. 306 -8- ' The offer shall be made by a separate recorded document. All land so offered shall be 2 offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 3 36. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent - with any grading or building permit. 6 37. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public 7 improvements shown on the site plan and the following improvements including, but not limited to: Paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, to City Standards to the satisfaction of the City Engineer. The improvements are: 10 a) Half Street improvements to Grand Avenue including of/site transitions and 11 drainage improvements. b) Removal and undergrounding of existing power pole and utilities as shown on 12 the site plan to the satisfaction of the City Engineer. Improvements listed above shall be constructed within 18 months of approval of the 14 development improvement agreement or such other time as provided in said agreement. 15 38. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the 17 "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas or City right-of-way. 18 Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and 19 tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 22 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, 23 solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water 24 conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City 25 requirements as prescribed in their respective containers. 26 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 27 28 DRB RESO NO. 306 -9- 39. Prior to the issuance of grading permit or building permit, whichever occurs first, 2 Developer shall submit for City approval a "Storm Water Manangement Plan (SWMP)". The SWMP shall be in compliance with current requirements and provisions established 3 by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the 4 maximum extent practicable, storm water pollutant runoff at both construction and post- - construction stages of the project. The SWMP shall: /- a) Identify existing and post-development on-site pollutants. b) Recommend source control and structural Best Management Practices to filter said 7 pollutants. c) Establish specific procedures for handling spills and routine clean up. Special considerations 8 and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 9 d) Ensure long-term maintenance of all post construct BMPs in perpetuity. 10 Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 13 40. Developer shall exercise special care during the construction phase of this project to 14 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 306 -10- 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 regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of February 2006 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Heineman, Baker, Lawson, and Schumacher NONE Marquez N/A 'ERSON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 306 -11- EXHIBIT 4 DESIGN REVIEW BOARD STAFF REPORT DATED FEBRUARY 27,2006 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 12/10/2004 Clyde Wickham Environmental Review: Categorical Exemption ITEM NO. 1 DATE: February 27, 2006 SUBJECT: RP 04-26 - "SALMEN INSURANCE BUILDING": Request for a Major Redevelopment Permit for the construction of a 2-story, 3,326 square foot commercial office building on the property located at 955 Grand Avenue in Land Use District 3 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 306 recommending APPROVAL of RP 04-26 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation which is greater than $150,000. The project requires a recommendation from the Design Review Board and final approval by the Housing and Redevelopment Commission. The Design Review Board is asked to hold a public hearing on the permit requested, consider the public testimony and staff's recommendation on the project, discuss the project and then take action to recommend approval or denial of the project with the following request: 1) participation in the Parking In-Lieu Fee Program for a maximum of two parking spaces. The proposed project is not located within the Coastal Zone; therefore a Coastal Development Permit is not required. III. PROJECT DESCRIPTION AND BACKGROUND The property owners, Phil and Leslie Salvagio, have requested a Major Redevelopment Permit for the construction of a 2-story, 3,326 square foot commercial office building on property located at 955 Grand Avenue in Land Use District 3 of the Carlsbad Village Redevelopment Area. The property is located on the south side of Grand Avenue just east of Hope Avenue. The site is bordered by a Motel 6 to the east, a vacant property to the south, a one-story and a two-story apartment building to the west, and single-family residences across Grand Avenue to eta SALMEN INSURANCE BUILDING FEBRUARY 27, 2006 PAGE 2 the north. The remainder of the block is comprised of a mixture of uses of various sizes including apartment buildings, single-family homes, motels, and office uses. The subject property measures 56.3 feet wide by 110 feet deep, totaling 6,188 square feet. Salmen Insurance currently occupies the existing single-family residence that was converted into an office use. The proposed development consists of the construction of a two-story commercial office building comprised of two levels of office space and surface level parking. The ground floor includes one 134 square foot commercial office suite, nine parking spaces, an elevator, and a trash enclosure. The second floor of the building consists of five office suites totaling 2,768 square feet, three private balconies, an open terrace area, and restroom facilities. IV. GENERAL PLAN CONSISTENCY The General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a commercial office building in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. V. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION. GOALS AND OBJECTIVES The proposed project will be able to address a variety of objectives as outlined within the Village Master Plan and Design Manual as follows: Goal 1: Establish Carlsbad Village as a Quality Shopping. Working and Living Environment. The proposed project will result in development of a new office facility, which will have a positive visual impact on the area. The positive visual appeal assists in the effort to create a quality shopping, working and living environment. In addition, the project will increase the amount of new office space in the area, which will improve the overall working environment. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The proposed project has a strong street presence and promotes greater pedestrian activity by providing enhanced landscaping and design along Grand Avenue. 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 SALMEN INSURANCE BUILDING FEBRUARY 27, 2006 PAGE 3 rehabilitation of existing facilities will then stimulate other property improvements and additional new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in District 3 by providing for an appropriate intensity of development that is compatible with the surrounding area. Goal 4: Improve the Physical Appearance of the Village Area. The proposed project converts an underutilized, blighted site into a physically attractive project. The proposed project promotes the following objectives: • It creates a sense of design unity and character while also encouraging design diversity; • It establishes a commercial building whose scale, character, and architectural design are compatible with surrounding residential neighborhoods; • It minimizes the land area required to accommodate additional parking in the Village by participating in the Parking In-Lieu Fee Program; and • It results in a design which is sensitive to surrounding development within the area. VI. CONSISTENCY WITH VILLAGE LAND USE PLAN As set forth in the Village Master Plan and Design Manual, office uses are classified as permitted uses within Land Use District 3 of the Village Redevelopment Area. Permitted uses are defined as those uses which are permitted by right because they are considered to be consistent with the vision and goals established for the district. Although, these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. The overall vision for the development of District 3 is to accommodate traveler services normally associated with freeway interchanges as well as those services that meet the needs of the broader Carlsbad community. However, since the project is located off Grand Avenue at an inconvenient location for travelers and residents passing along Interstate 5, an office project better suits the project site and is compatible with the office support area directly to the west. The office support area to the west encourages small office structures designed to reinforce a Village scale and character. The development standards promote individual buildings set back from the street and surrounded by landscaping intended to provide a quality office environment within close proximity to shops, restaurants and other services provided in the Village. Permitted land uses in District 3 include all office uses, certain commercial services such as barber and beauty shops, dry cleaners, laundromats, nail salons, travel agencies, and all retail businesses. Provisional uses include the following: multi-family dwelling units, churches, entertainment and recreation uses such as bowling alleys, night clubs, performing arts centers and some commercial services, such as automobile related services, hotels, motels, and self improvement services such as dance and music schools. The land use standards encourage the phasing out of existing single-family residential uses over time. The development standards for District 3 also encourage any new non-residential development to be designed in a manner that respects the area's residential character. Staff believes that the proposed commercial office project assists in satisfying the goals and objectives set forth for Land Use District 3 through the following actions: 1) the project provides permitted professional office use in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements SALMEN INSURANCE BUILDING FEBRUARY 27, 2006 PAGE 4 found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 3 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 3, the front yard setback is 5- 20 feet, the side yard setbacks are 5 feet minimum and the rear yard setbacks is 5-10 feet. All setbacks are measured from property lines. In addition to these setback standards, parking is not permitted in either the front or the rear yard setback areas. The front yard setback of the proposed building is 5 feet from front property line. On the south side of the building, the setback is 5 feet from side property line. On the north side of the building, the setback is 5 feet from side property line. The rear yard setback of the proposed building is 5 feet from the rear property line. A majority of the ground floor is devoted to required parking, however, there is no parking located within the required front, side, or rear yard setbacks. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. However, a reduction in the standard to the minimum, or anywhere within the range, may be allowed if the project warrants such a reduction and the following findings are made by the Housing & Redevelopment Commission: 1. The reduced standard will not have an adverse impact on surrounding properties. 2. The reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is to be located. 3. The reduced standard will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. These findings apply to those portions of the building on the front, sides, and rear that fall within the established setback range. The findings noted above for allowing a reduction of the front, rear, and side yard setbacks to the minimum of the range are justified as follows: 1) The proposed project is in a location which has varying setbacks and will, therefore, not have an adverse impact on surrounding properties. The reduced standard will minimize visual and noise impacts to surrounding properties by allowing the parking to be contained within the structure. The subject property is only 56.3 feet wide, therefore the reduced setback standards are necessary in order to allow the applicant to provide as much on-site parking as possible with adequate screening from public view. Second, the reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the land use objectives in that the project will replace a single-family residence with a visually appealing project with a scale and character that will improve the appearance and condition of the neighborhood, helping to stimulate property improvements and further new development in the Village. Further, the proposed office use will further enhance Carlsbad Village as a quality, working environment. Lastly, the reduced standard will assist in creating a project design that is interesting and visually appealing and reinforces the Village character of the area through setbacks that provide adequate space for landscape planters and decorative paving at the ground floor, and allows building recesses and relief along the various building planes. The SALMEN INSURANCE BUILDING FEBRUARY 27,2006 PAGES reduced standard will assist in creating greater architectural articulation adjacent to the street and will assist in the effort to make the building visually interesting and more appealing which is a primary goal of the Village Design guidelines in reinforcing the Village character. Based on these findings, it is staff's position that the proposed project satisfies the setback requirements set forth for Land Use District 3. Building Coverage: The range of building footprint coverage permitted for all projects in Land Use District 3 is 60% to 80%. For the proposed project, the building coverage is 72%, which is near the middle of the established range. Therefore, the building coverage is in compliance with the established standard. Building Height: The height limit for Land Use District 3 is 35 feet with a minimum 5:12 roof pitch. However, per the Village Master Plan, the maximum height may be increased to 45 feet for any size project where residential or commercial is located over a parking structure. As defined in the Carlsbad Zoning Ordinance, building height is measured from the lower of existing or finished grade. Based on this definition, the maximum building height of the proposed project is 34 feet as measured from existing grade and therefore meets the building height requirements. The proposed roof pitch is 5:12 and therefore meets the minimum required roof pitch. 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. Per the Village Master Plan, open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building, three (3) balconies and an open terrace on the second floor. The amount of open space for the proposed project accounts for 26.7% of the site, which is consistent with the open space requirement. Parking: The parking requirement for office space is 1 parking space per 300 square feet of gross floor space. The parking standards set forth in the Village Master Plan and Design Manual also permit a maximum of 40% of the total number of parking spaces provided on-site to be constructed to meet the requirements of a small or compact vehicle. The parking requirement for the 3,326 square feet of leasable office space is 11 spaces. The applicant is proposing to provide 9 spaces on-site and 2 spaces off-site through participation in the Parking In-Lieu Fee Program. The on-site parking spaces include 5 standard (9' x 19') parking stalls, 1 disabled accessible stall, and 3 compact (8' x 15') spaces. The number of proposed compact spaces equates to 33% of the total number of parking spaces provided on-site and is consistent with the permitted standard of a maximum of 40%. The fees collected from the Parking In-Lieu Fee Program are deposited into an earmarked, interest bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Redevelopment Area. For the purposes of determining participation in the program, the Village has been divided into two parking zones - Zone 1 and Zone 2. A property/business owner is eligible to participate in the in-lieu fee program according to the parking zone in which a given property is located and its proximity to an existing or future public parking lot. SALMEN INSURANCE BUILDING FEBRUARY 27, 2006 PAGE 6 The subject property is located within Zone 2. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In-Lieu Fee payment for up to twenty-five percent (25%) of the on-site parking requirement for the proposed new development. The applicant is requesting participation in the Program for two (2) parking spaces or 18% of the total required parking for the project. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the Parking In-Lieu Fee prior to the issuance of building permits for the project. The current fee is $11,240 per required parking space to be provided off-site. In order to participate in the Parking In-Lieu Fee Program the following findings must be made by the Design Review Board and the Housing and Redevelopment Commission: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual. 2. The proposed use is consistent with the land use district in which the property is located. 3. Adequate parking is available within the Village to accommodate the project's parking demands. 4. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. Justification for the above referenced findings is as follows: 1. The project is consistent with the Carlsbad General Plan because it provides for a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. 2. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 3 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 3. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study completed in August of 2005, the average occupancy for all public parking lots is 83%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 4. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. "dl SALMEN INSURANCE BUILDING FEBRUARY 27, 2006 PAGE? Based on these findings, it is staff's position that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of two (2) parking spaces. If the Housing and Redevelopment Commission grants participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set forth in the Village Redevelopment Master Plan. Residential Density and Inclusionarv Housing Requirements: There is no residential component proposed within this project. Therefore, residential density and inclusionary housing requirements are not applicable to this project. VIM. 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 applicant has incorporated several desirable design elements to achieve the desired Village character. The project has provided for an overall informal character in design. The architectural design provides for variety and diversity through the incorporation of several architectural features and details including; exposed rafters, the use of a variety of materials, flat concrete tile roofing with the required 5:12 roof pitch, various sized multi-paned windows with decorative trim, slate tile window boxes, stone columns, balconies on the second story of the front and south side of the building, decorative stone veneer on all building elevations, and galvanized steel lattices attached to the side of the building on ground floor levels. The project has a strong relationship to the street in that it is situated in close proximity to the street and incorporates various architectural elements. Landscaping plays an important role in the architectural design of the building providing visual interest to all sides of the building working in conjunction with the multiple building colors, accent windows, balconies, and decorative stone veneer to break up what would otherwise be blank walls. Landscaping between adjacent uses is not only visually appealing but acts as a buffer providing additional visual relief to the sides of the building. The parking is visually subordinate in that it is located on the first floor and is screened by the buildings walls. A summary of the design features related to the project is provided as an exhibit to this report (See attached Exhibit A). 'ctt SALMEN INSURANCE BUILDING FEBRUARY 27, 2006 PAGES 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): 70 ADT Due to the size of this project, this project does not trigger the need for a traffic study. This project has direct access to Grand Avenue. The streets in the area have been designed to handle the traffic volumes generated by this project. Sewer: Sewer District: Carlsbad Municipal Water District Sewer EDU's required: 2 EDU's Water: Water District: Carlsbad Municipal Water District GPD required: 220 GPD/EDU x 2 EDU's = 440 GPD Grading: Quantities: Cut: 10 cy Fill: 220 cy Import: 210 cy Remedial: +/- 500 cy Permit required: Yes Offsite approval required: No Hillside grading requirements met: n/a The geotechnical report indicates that no major grading or soils related issues are anticipated with the proposed project. Drainage and Erosion Control: Drainage basin: Buena Vista Watershed Runoff potential: Low Land Title: Conflicts with existing easements: No Public easement dedication required: No Site boundary coincides with Land Title: Yes The right-of-way widths on Grand Avenue are substandard. Therefore, additional right-of-way dedication of 15-feet is required. ,"••-. s-for] SALMEN INSURANCE BUILDING FEBRUARY 27, 2006 PAGE 9 Improvements: Offsite improvements: No Standard Waivers required: No Public improvements are required as part of this development. Standard curb, gutter and sidewalk are proposed along the project frontage. Storm Water Quality: The project must comply with the Standard Requirements described under the Standard Urban Storm Water Mitigation Plan (SUSMP). X. ENVIRONMENTAL REVIEW The Housing & Redevelopment Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. The necessary finding for this environmental determination is included in the attached Design Review Board resolution. XI. ECONOMIC IMPACT The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was previously an under-utilized lot will result in increased property taxes. This increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, the project may serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. XII. CONCLUSION Staff is recommending approval of the project with findings for the following: 1) Participation in the Parking In-Lieu Fee Program for a maximum of two parking spaces. Development of the site will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. EXHIBITS: A. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines. B. Design Review Board Resolution No. 306 recommending approval of RP 04-26. C. Location Map. D. Map of Public Parking Resources. E. Attachments "A - J", dated February 27, 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. Project: Salmen Insurance Building The front setback of the proposed project is 5 feet along Grand Avenue. A variety of setbacks exist along Grand Avenue. The adjacent Motel 6 and residential properties effectuate a variety of setbacks. The project does not incorporate benches or low walls but provides enhanced landscaping along Grand Avenue. The proposed project will not conflict with retail continuity. The project does not include a drive-thru. Adequate setbacks are provided along the sides of the property and the landscaping as well as the 6- foot decorative walls provided along the sides and the rear of the property minimizes privacy loss for adjacent residential uses. The nature of the use does not warrant off-street courtyards for pedestrian use. Landscaped areas along the front, sides, and rear of the building will provide for an informal setting. Landscaping will be provided along all sides of the building. No surface lots are proposed. The subject property does not abut an alley. Parking is located at the rear of the lot and underneath the building and at the rear of the lot. All parking lot areas not specifically required for parking spaces or circulation are devoted to landscaping. No parking is provided in the front setback area. One minimum width curb cut is provided on Grand Avenue. Site is not located on a corner. Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. Avoid buildings which devote significant portions of their ground floor space to parking uses. Place parking for commercial or larger residential projects below grade wherever feasible. Enhance parking lot surfaces to divide parking lot paving into smaller segments. • :;'«y . , *• x,; • ' . 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. ,/••.-> , , - _ j ."it,!- „,"-• Roof Forms: , ' , • _ \,--f ••''••"'"""'. Emphasize the use of gable roofs with slopes of 7 in 12 or greater. Encourage the use of dormers in gable roofs. A majority of the parking is completely screened from public view by being integrated into the building. Although much of the parking is located at ground level with the building above, the project is designed with the entrance of the garage being accessed off Grand Avenue with the parking area located behind the front of the buildings first floor wall. The ground level parking is fully integrated into the building design and plays a more subordinate role by being fully screened. The width, depth, and smaller size of the lot makes below grade parking difficult. The applicant has chosen to participate in the Parking In-Lieu Fee Program by providing a portion of the required parking off-site, which helps reduce the amount of parking on-site. There is a minimal amount of surface parking visible to the public to warrant the use of enhanced paving. The proposed building has been designed specifically for this location in accordance with the Village Design Guidelines and is not a generic copy of other buildings. Surface ornamentation, a sloped roofline, and balconies at the second story serve to provide sufficient articulation on the upper levels. The size of the lot does not warrant breaking the building up into smaller units. However, varying roof peaks and various architectural features serve to break up the mass of the building. The height of the building is consistent with the height of the Motel 6 and is consistent with the Village Master Plan and Design Manual. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The building is not trendy or "look at me" in design. Hip roofs and roof features with the minimum required pitch of 5:12 have been provided within the project. The project design does not lend itself to the use Emphasize wood and composition shingle roofs, with the exception that in the Land Use District 6 metal roofs are acceptable. Avoid Flat Roofs Screen mechanical equipment from public view. Avoid mansard roof forms. Building Facades; Emphasize an informal architectural character. Building facades should be visually friendly. Design visual interest into all sides of buildings. Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. Give special attention to upper levels of commercial structures. Provide special treatment to entries for upper level uses. Utilize applied surface ornamentation and other detail elements for visual interest and scale. Respect the materials and character of adjacent development. of dormers. The project provides a concrete tile roof, which is consistent with the architectural design intended for the project as well as other projects in the area. The building does not incorporate flat roofs. This will be a requirement of the project. The project does not utilize mansard roof forms. By providing for attractive facades and landscaping, the project is very visually appealing. Visual interest is added to the building through various architectural features. The design of the building incorporates design elements into all four building facades, thereby creating visual interest in the building. The project makes good use of various sized multi-paned windows with decorative trim, stone columns, galvanized steel lattices, and decorative stone veneer on all building elevations. Multi-paned windows with decorative trim and slate tile window boxes are provided for the windows. The building design provides for recesses and projections on all sides of the building as well as different building color shades, which will create shadows and contrast. The upper levels of this commercial building provide for balconies, exposed rafters, and attractive window features that reflect special attention in design. The upper levels of this building will be accessed through stairways having little visibility from the street. Special treatment on the ground floor level entrance includes decorative stone columns, landscaping, and decorative doors and windows along Grand Avenue. Detail elements have been incorporated into the building, which include; decorative trim and slate tile window boxes around the windows, decorative stone veneer on all building elevations, stone columns, and galvanized steel lattices. The materials and colors proposed for the building will not conflict with adjacent developments. Emphasize the use of the following wall materials: wood siding; wood shingles; wood board and batten siding; and stucco. Avoid the use of the simulated materials; indoor/outdoor carpeting; distressed wood of any type Avoid tinted or reflective window glass. Utilize wood, dark anodized aluminum or vinyl coated metal door and window frames. Avoid metal awnings and canopies. Utilize light and neutral base colors. Limit the materials and color palette on any single building (3 or less surface colors) Commercial Storefronts: 1 Provide significant storefront glazing. Avoid large blank walls. Encourage large window openings for restaurants. Encourage the use of fabric awnings over storefront windows and entries. Emphasize display windows with special lighting. Encourage the use of Dutch doors. Utilize small paned windows. Develop a total design concept. Provide frequent entries. The exterior walls utilize cement plaster, fiber cement siding, and stone veneer for all building elevations. None of the noted materials have been indicated for use. The windows are clear glass. Solid wood doors and window framing will be utilized. No metal awnings and canopies are proposed. The project utilizes a light and neutral color scheme. The project incorporates one primary color, two complimentary colors, and a complimentary trim color around the windows and front entrance. The proposed office use does not lend itself to the use of display windows, however, see through paned windows and doors are part of the front elevation. The project design does not include large blank walls. Project does not include a restaurant use. No fabric awnings to be used; not a retail or storefront operation. The office use and proposed tenant does not have a need for display windows. The project design does not lend itself to the use of Dutch doors. Windows of various sizes and shapes are included throughout the project. All facade design elements are unified. The applicant was able to develop a total design concept, which is also functional and visually interesting. The project incorporates a single primary entry along Grand Avenue, which is appropriate to the use. 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 property lines and orient entries to the street. Provide front entry porches. Provide windows looking out to the street. Utilize simple color schemes. Provide decorative details to enrich facades. Emphasize "cottage" form, scale and character Emphasize an abundance of landscaping. Limit access drives to garages or surface parking areas. Encourage detached garages which are subordinate in visual importance to the house itself. Provide quality designed fences and walls. Visually separate multi-family developments into smaller components. The extent of the entry opening has been limited through the design of the building. The project does not include pull down shutters, sliding or fixed security grilles over windows along the street frontage. The project does not include and commercial storefronts. Walls have been incorporated into the building design. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. 1 DESIGN REVIEW BOARD RESOLUTION NO. 306 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-26, INCLUDING 4 PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A MAXIMUM OF TWO PARKING SPACES, FOR THE CONSTRUCTION OF A 3,326 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY 6 LOCATED AT 955 GRAND AVENUE IN LAND USE DISTRICT 3 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1. CASE NAME: SALMENISURANCE BUILDING 8 APN: 203-320-02 9 CASE NO: RP 04-26 10 WHEREAS, Bart M. Smith, "Applicant", has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Phil and Leslie 12 Salvagio, "Owner", described as Assessor Parcel Number 203-320-02, and more thoroughly 13 described in Attachment A, ("the Property"); and 14 " 1 ^ WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-J" dated February 27, 2006, on file in the Housing and Redevelopment 17 Department, "Salmen Insurance Building RP 04-26", as provided by Chapter 21.35.080 of the 18 Carlsbad Municipal Code; and 19 «,WHEREAS, the Design Review Board did on the 27 day of February 2006, hold a duly 20 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 relating to 24 "Salmen Insurance Building RP 04-26". 25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows: 27 A. That the foregoing recitations are true and correct.28 B. That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Salmen Insurance Building RP 04-26, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS; 4 , 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 5 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 in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. In making this determination, the Housing & Redevelopment Director has found that the exceptions 9 listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 2. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein to grant participation in the Parking In-Lieu Fee Program, is 1 * in conformance with the Elements of the City's General Plan, the Carlsbad Village Area 12 Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 27,2006 including, but 13 not limited to the following: 14 a. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a commercial office project in an appropriate location within the Village. The project provides 15 greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence 17 to the land use regulations and design guidelines set forth for the area. 1 8 b. The project is consistent with the Village Redevelopment Master Plan and 19 Design Manual in that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 3 through the following 20 actions: 1) the project provides permitted professional office use in a new structure; 2) the building is designed in a manner that compliments nearby H residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. 23 c. The project as designed is consistent with the development standards for Land 24 Use District 3, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 25 d. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be 27 improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian 28 circulation is provided through pedestrian-oriented building design, DRB RESO NO. 306 -2- 3 1 landscaping, and hardscape. Public facilities have been or will be constructed to 2 serve the proposed project. The project has been conditioned to develop and implement a program of "best management practices" for the elimination and 3 reduction of pollutants which enter into and/or are transported within storm drainage facilities. <. e. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space 5 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 7 3. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. o 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; 10 drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to 11 serve new development prior to or concurrent with need. Specifically, 12 a. The project has been conditioned to ensure that building permits will not be 13 issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service 14 remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 16 b. All necessary public improvements have been provided or are required as 17 conditions of approval. 1° c. The Public Facility fee is required to be paid by Council Policy No. 17 and will 1 o be collected prior to the issuance of building permit. 20 4. The Design Review Board has reviewed each of the exactions imposed on the Developer 21 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 23 5. The Design Review Board finds that the Developer/Property owner qualifies to participate in 24 the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee 25 Program is contained in the following findings: 9fi a. The project is consistent with the Carlsbad General Plan because it provides for 27 a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian 28 orientation of the area, and retains the Village character and pedestrian scale DRB RESO NO. 306 -3- '4f: through adherence to the land use regulations and design guidelines set forth for 2 the area. 3 b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth 4 for Land Use District 3 through the following actions: 1) the project provides . permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating 5 many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and 7 surrounded by an abundance of landscaping. o c. Adequate parking is available within the Village to accommodate the project's 9 parking demands. Based on the most recent parking study completed in August of 2005, the average occupancy for all public parking lots is 83%. This 10 utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set 11 by the Housing and Redevelopment Commission. 12 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing 13 and Redevelopment Commission. 14 GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 15 building permits. 17 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 1 ° implemented and maintained over time, if any such conditions fail to be so implemented , q 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 20 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 21 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment 23 Permit. 24 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. 2/: Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 27 3. The Developer shall comply with all applicable provisions of federal, state, and local laws 28 and regulations in effect at the time of building permit issuance. DRB RESO NO. 306 -4- -' ! 1 2 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project , without the condition complies with all requirements of law. 6 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body 7 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's 9 approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in 10 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other 12 energy waves or emissions. 13 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 7. The Developer shall include, as part of the plans submitted for any permit plan check, a 16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 17 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 20 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 22 10. Building permits will not be issued for this project unless the local agency providing 23 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 24 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy.25 26 MISCELLANEOUS CONDITIONS: 27 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by DRB RESO NO. 306 -5- I Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 2 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 15. 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/or Housing and Redevelopment. NOTICING CONDITIONS: 16. 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. 306 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 9 10 11 12 13 15 ON-SITE CONDITIONS; 16 17. The developer shall construct trash receptacle and recycling areas as shown on the site 17 18 19 20 I, When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter 22" 23 24 20. Developer shall construct, install and stripe not less than 9 parking spaces, as shown on downward and avoid any impacts on adjacent homes or property. 25 26 27 28 plan (Exhibit "B") 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. 18. Outdoor storage of material shall not occur onsite unless required by the Fire Chief. comply with the approved plan. 19. 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 Exhibit "B". 21. Prior to issuance of the building permit, the Developer shall enter into a Parking In- Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for two (2) parking spaces. The fee shall be the sum total of the fee per parking space in DRB RESO NO. 306 -6- U \ effect at the time of the building permit issuance times the number of parking spaces 2 needed to satisfy the project's parking requirement (2 spaces total). 3 22. Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. 4 STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 7 Fees 8 23. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 10 24. The developer shall pay a landscape plan check and inspection fee as required by Section 11 20.080.050 of the Carlsbad Municipal Code. 25. Developer shall exercise special care during the construction phase of this project to 1. prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 14 of the City Engineer. 15 General 26. Approval of this request shall not excuse compliance with all applicable sections of the 1 _ Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otherwise specifically provided herein. 18 27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 19 Code Section 18.04.320. 20 29. Any signs proposed for this development shall at a minimum be designed in conformance _- with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval 22 of the Housing & Redevelopment Director prior to installation of such signs. 23 ENGINEERING CONDITIONS Note: Unless specifically stated in the condition, all of the following conditions, upon the 25 approval of this proposed redevelopment, must be met prior to approval of a building or grading permit whichever occurs first. 26 General: 27 28 DRB RESO NO. 306 -7- 28. Prior to hauling dirt or construction materials to or from any proposed construction site 2 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 3 29. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Fees/Agreements 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 9 31. Prior to approval of any grading or building permits for this project, Developer shall 10 cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street 11 Lighting and Landscaping District No. 1, on a form provided by the City Engineer. 12 Grading 32. No grading for private improvements shall occur outside the limits of this approval unless 14 Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is 15 unable to obtain the grading or slope easement, or agreement, no grading permit will be issued for offsite grading activity. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 18 33. Based upon a review of the proposed grading and the grading quantities shown on the 19 site Plan and preliminary grading plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 21 34. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar of the 22 site plan and preliminary grading plan reflecting the conditions as approved by the final decision making body (including any applicable Coastal Commission approvals). The reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. 25 35. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or 26 other appropriate entities for all public streets and other easements shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already 2g public are not required to be rededicated. DRB RESO NO. 306 -8- 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 36. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 37. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to: Paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Half Street improvements to Grand Avenue including offsite transitions and drainage improvements. b) Removal and undergrounding of existing power pole and utilities as shown on the site plan to the satisfaction of the City Engineer. Improvements listed above shall be constructed within 18 months of approval of the development improvement agreement or such other time as provided in said agreement. 38. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas or City right-of-way. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 39. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Manangement Plan (SWMP)". The SWMP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and DRB RESO NO. 306 -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 City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the maximum extent practicable, storm water pollutant runoff at both construction and post- construction stages of the project. The SWMP shall: a) Identify existing and post-development on-site pollutants. b) Recommend source control and structural Best Management Practices to filter said pollutants. c) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d) Ensure long-term maintenance of all post construct BMPs in perpetuity. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 40. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. DRBRESONO. 306 -10-ijl cr 1 2 3 4 5 6 7 8 9 10 1 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Please take NOTICE that approval reservations, or other exactions "fees/exactions." NOTICE of your project includes the "imposition" of fees, dedications, hereafter collectively referred to for convenience as You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow 66020(a), and file the protest and the protest procedure set forth in Government Code Section 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 annul their imposition. subsequent legal action to attack, review, set aside, void, or 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 expired. which the statute of limitations has previously otherwise PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of February 2006 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DEBBIE FOUNTAIN COURTNEY HEINEMAN, CHAIRPERSON DESIGN REVIEW BOARD HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 306 -11- U(0 ATTACHMENT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117, WITH THE WESTERLY LINE OF TRACT NO. 119 OF SAID CARLSBAD LANDS AS SHOWN ON SAID MAP NO. 1661; THENCE SOUTH 55 DEGREES 27' WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 117, A DISTANCE OF 1380.91 FEET TO A POINT ;THENCE NORTH 34DEG 33' WEST, A DISTANCE OF 450.00 FEET TO A POINT IN THE SOUTHEASTERLY OF THAT CERTAIN TRACT OF LAND CONVEYED TO AUGUSTA ASMUS, A DISTANCE OF 56.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55DEG 27' WEST ALONG SAID SOUTHEASTERLY LINE OF SAID ASMUS LAND 56.25 FEET; THENCE SOUTH 34DEG 33' EAST 140 FEET; THENCE NORTH 55DEG 27' EAST, 56.25 FEET TO INTERSECTION WITH A LINE WHICH BEARS SOUTH 34DEG 33' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 34DEG 33' WEST 140 FEET TO THE TRUE POINT OF BEGINNING. APN: 203-320-02-00 Map created byCarbtad GIS Qepartmen SITE SALMEN INSURANCE BUILDING RP 04-26 I1 & *« txfrO"" £ ^ oo&o I 8 C/3 < M o\ U I ON '% 03 fa ON a K "-" 8t MiiUi S3:|5S i a 1C t A l\l , I ! * 1 ! , : ffilE! I i 81 di ikf !! k:•••-*— •••*• *$---.-> .s.s.-... .»t»..,«, *,s.a,..j!)j.s . col I s 3aCL MI'»««BI i i> ! t> I ^* %- b -5 9 i3 I | S *• ?! S « f n rfb crtrrrrk. i r.-rrrt r. r rrtr *i! J fcif• Ml! if 1! ^ h I' M ii >| ?"rll! *"'-??! "I Is P" !i I? M • ?!' n ! has , ., srasjin n hi n h i ! H' f"P ««'«II! ~^-+ §'Ii sss J35 o.a:8 §col :?H||:o2-So £ol < * ,I 111 I iia Hi SB si if?E:n ooo UJo o '! z O UJ O 00) "to CO <UJ s o CO d UJ O <a.to O iiii §SiiiihSSn i EXHIBIT 5 DRAFT DESIGN REVIEW BOARD MINUTES DATED FEBRUARY 27,2006 Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: FEBRUARY 27, 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 Schumacher 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 Michael Schumacher Chairperson: Courtney Heineman Absent: Sarah Marquez 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 January 23, 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 for an office building in the village area. The presentation will be made by Cliff Jones, the Redevelopment Planner, assisted by Dave Rick from Engineering. Cliff Jones said the applicant, Bart Smith, on behalf of the property owner, Phil Salvagio, is requesting a Major Redevelopment Permit for the construction of a two-story, 3,326 square foot commercial office building on property located at 955 Grand Avenue in Land Use District 3 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 than $150,000. In DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 2 of 12 DRAFT 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 subject property is located along the south side of Grand Avenue east of Hope Avenue. The subject property totals 6,188 square feet with building frontage along Grand Avenue and is currently occupied by a single family structure that is being used as an office use. The property is bordered by a Motel 6 to the east, single-family residences exist across Grand Avenue to the north, two apartment buildings to the west, and there is a vacant property to the south or to the rear of the subject property. The proposed development is for a two-story office project with six office suites. The ground floor includes a 134 square foot office suite, an elevator, two stairways, an area for refuse, and an elevator machine room. Also on the ground floor within the footprint of the building are nine parking spaces. The second floor of the building consists of five office suites with a combined total of 2,768 square feet of leasable office space. Three private balconies also exist on the second floor; an open landscape terrace area, a storage room, and a common restroom facility are also on the second floor. Access to the office project is to be provided off of Grand Avenue. The Village Master Plan and Design Manual includes the regulations governing development within the Village. The proposed project is within Land Use District 3 of the Village Redevelopment Area. Office is a permitted use within Land Use District 3. The overall vision for the development of District 3 is to accommodate traveler services as well as those services that meet the needs of the broader Carlsbad community such as office uses and other commercial development. The development standards promote individual buildings setback from the street and surrounded by landscaping intended to provide a quality commercial and office environment within close proximity to shops, restaurants and other services provided in the village. The land use standards encourage the phasing out of existing single family residences over time. Staff believes that the proposed office use assists in satisfying the goals and objectives set forth for Land Use District 3 through the following actions: • The project provides for a desirable office use in a new structure; • It may serve as a catalyst for future development; • It is compatible with the surrounding area; • It increases the number, quality, and diversity of office space within the village. The proposed project meets all the required development standards outlined within the Village Master Plan: • The project provides for an abundance of open space and landscaping; • The project provides adequate building coverage; • The building height of the project is in compliance with the established standards set just below the maximum height at 34 feet; • The project meets the parking requirements of the Village Master Plan if the Design Review Board makes the appropriate findings for participation in the Parking In-Lieu Fee Program. The required amount of parking for this office project equates to 11 spaces. The spaces that are provided is 9 spaces. The required justification for participation in the Parking In-Lieu Fee Program for the two remaining parking spaces is contained within the Design Review Board Resolution. In Land Use District 3, the front yard setback is 5 to 20 feet, the side yard setbacks are 5 feet, and the rear yard setback is 5 to 10 feet. The proposed project falls within the required setback ranges set at the minimum setback range of 5 feet for the front, rear and side yard setbacks. DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 3 of 12 DRAFT The proposed project is also consistent with the design principles outlined in the Village Design Manual. The project provides for an overall informal character in design. The project incorporates several design features to achieve the desired village character, including multi-paned windows of various sizes with decorative trim, multiple roof elements with a 5 and 12 roof pitch, decorative stone veneer columns are provided along the lower level of the building facade, and decorative stone veneer is provided along all elevations. Galvanized steel lattices are attached to the lower levels of the sides and the rear of the building, the second floor fa?ade incorporates slate tile window boxes and varied stucco colors are provided. The project also provides for an abundance of open space and landscaping along all sides of the building. Parking is visually subordinate contained within the building itself. 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 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 the 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 economic impact on the City and the Redevelopment Agency. First, the redevelopment of what was a previously underutilized 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, the project may serve as a catalyst for other improvements in the area; either new development or rehabilitation of existing buildings through the elimination of a blighting influence within the area. In conclusion, staff is recommending approval of the project with findings for participation in the Parking In-Lieu Fee Program for a maximum of two parking spaces. Development of the site will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. Board Member Baker asked Mr. Jones about the property to the south which he mentioned was vacant. Is this true? Mr. Jones answered yes. Board Member Baker asked where access is to that property. Mr. Jones said the access to the property to the south is actually off of Carlsbad Village Drive. It is a flag lot so it has access to the east of the Carl's Jr. and then comes to that vacant lot. Board Member Lawson wanted clarification on the northern boundary which is along Grand; that is the edge of the Redevelopment District is that not? So the homes directly across the street are not within the village technically, is that correct? Mr. Jones answered that is correct. They are not within the VR zoning. Board Member Lawson continued by asking if there are any special provisions that we have as it relates to compatibility when you would go down a street such as this where you have one zone, which I believe is residential to the north, and then you have this area on the south side of the street. Most people wouldn't know the difference and you would be looking for some aspect of compatibility. Mr. Jones said within the Design Guidelines Manual there is a requirement to have the project be compatible with surrounding properties. Typically it is done when there is a conflict of adjacent land use; it DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 4 of 12 :AFT is done through architectural design. So the applicant tried to incorporate architectural design that is similar to residential properties within the area. Board Member Lawson commented that is exactly what he was wondering about. First reaction in looking at the elevations was that it looked too residential in nature. Then when I recognized the setting, I wanted to verify if indeed there may have been discussion or a suggestion by either you or by the applicant to try to give it a little more of that character, which I can appreciate. Mr. Jones said it was a joint effort. Chairperson Heineman asked what the large grey area is that looks like a big concrete wall. Mr. Jones said it is not a concrete wall. It is actually the entrance to the parking area. There should have been something that said that area was open. Chairperson Heineman asked if that is really an open space. Mr. Jones said yes, that is just shading. Chairperson Heineman commented that was better because it looked like a large wall there. Board Member Baker asked if we would be hearing from the project architect this evening. The reason I ask that question is because Mr. Heineman brought up what looked like a large wall. We have been doing these projects all over Carlsbad in the redevelopment area where we have the parking underneath the building and have these large gaping holes, and looking at them I am not sure they are achieving what we want them to achieve. Even though they are hiding the parking, you still have the cars in there and there is a big, empty black hole. I am curious if there are other options to soften the impact of that gaping hole. Mr. Jones said the architect is present and will be making a presentation and may be able to address that as well. Board Member Baker said she is also wondering if we would allow a zero setback in this example to maybe allow access to the garage on the side rather then in the front of the building. In other words, you would go down a driveway on the west side of the building and enter the parking garage that way. We would slide it over five feet. Mr. Jones said he would have to talk to the architect, but it would probably take a complete redesign at this point. Board Member Lawson said there are implications of fencing going in along the sides, but I don't see anything on the plans that call for it. Is there new fencing that is being proposed? I didn't find it in any of the actual drawings listed as such. Mr. Jones said they are proposing a wall there along that elevation. Currently there is a wall there where Motel 6 is. They are also proposing a wall along that elevation that you are referring to, to the west. Board Member Lawson said he couldn't find a note as to whether or not it was to save an existing, preserve one, or build a new one, or what it might be. Bart Smith, the project architect, his office is at 682 Second Street in Encinitas. Cliff did a great job on his presentation of the project. I would be available for any questions you have. Otherwise, he covered the square footage and the number of stories and the look of the building. DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 f\ IJ A C T PAGE 5 of 12 L/l\/-\r I Board Member Baker said she appreciates his design. It fits in with the surrounding residences, but I am noticing we have been doing these first floor parking with either office or housing above them. I'm not sure we are getting the desired look that we want. Can you think of any options that would soften that darkness or to see the cars inside there? Mr. Smith said one of the options utilized on this project was we put an office on the ground floor that faces the street so that's the area on the left side of the building. The Engineering Department has certain requirements for the driveway and the opening into there, and I think they have actually let me go a little below that to about 20 feet from 24 feet. So we have done everything we can to squeeze it. The problem is that the lot is narrow; it is only 55 feet wide, so in order to do a driveway on the side area, you might end up with the same effect because the building is still going to want to go over the top of that. Board Member Baker asked if as an architect, he has any ideas on something that can soften that. I think we all know of many examples all over the village and all over the City of Carlsbad where they just don't quite look right. I appreciate your building, it looks great, but it could be a little better if there wasn't that big hole right there. Mr. Smith said the problem is that cars need a big hole. On the side of the building there is a large opening where you can turn around, and that will also bring light into that area so our parking garage won't be dark inside during the day. It won't be like Escrow Transfers building where it just has an opening on either end. This will actually have multiple areas of light coming in. One of the issues is with working with the Building Department, the lot is so narrow, and our building needs to be somewhat wide to make the parking work, is that we end up too close to the property line and so we have to put walls all the way around in order to meet the fire resistant standards. Board Member Baker said she is sympathetic to his dilemma. I just want to make sure that we can get the best possible design for the building that we can possibly get. Was there any thought given to a motion sensor door that would go up so that people could access the parking? Mr. Smith answered that would be an easy answer to that and we'd be willing to put the door on without any problem. I really don't think it changes the overall design of the building. You would probably want it to be solid so when it was closed you couldn't see in. Board Member Baker expressed she would like something that would soften the black hole. Whether it would be a gate, a solid door, etc. Board Member Schumacher said since they've gone for the residential look, you might as well complete the thought and make it a residential looking door. A gate wouldn't look like a residence. Chairperson Heineman said it seems to him that a door would make sense. Mr. Smith said it is only a 20 foot opening so they could do a residential style garage door, high quality one. I think the owner would actually prefer that as an option because it provides more security for his parking area. We have to work with the fire department to make sure it has the proper knox box and all of that. The one door just to the left of the windows in the ground floor is our fire room for our fire equipment so they wouldn't have to actually go into the garage area through our door to get to there. Board Member Schumacher asked if there was visitor parking underneath or is it all reserved parking for the office use. Mr. Smith answered there is no designation in Carlsbad whether it is visitor or office use so it is use for the building. , - DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 6 of 12 Board Member Baker said her only worry would be for your tenants that their clients wouldn't understand or know that they could park there. That would be the only downside to a door. Mr. Smith agreed and said he couldn't guarantee that the door would be closed all day long. It will probably be open during business hours and then closed weekends and nights. Ms. Fountain said that if this is something that the Board wants to look at, you might want to instruct staff to look into it because we may have some Engineering and Fire and Building code issues that might prevent gates and doors from going in. I wouldn't want to see us add that condition right now without it being looked at a little bit closer by all the appropriate departments. A lot of times we don't have doors and gates exactly for that reason because we either have Engineering issues or some other issues. It would be okay for you to give us direction to look at that and see if it is possible. Chairperson Heineman said the Board could amend the motion to include that. Ms. Fountain agreed and said we would want to make sure that we look at it closely from all of those different angles. The issue that you raised about making sure that it still accommodates the parking for the customers coming to the site, we wouldn't want to prevent customers from parking because then they end up on the street or somewhere else and we are already granting two parking spaces to be done in our Parking In-Lieu Fee Program. So we just want to be careful that we're not doing something that would prevent that from being used. Mr. Smith said maybe there could be a sensor in the driveway that the door opening automatically during the day when people drove up to it and then it could be disconnected at night so it would stay down. Chairperson Heineman said instead of trying to reach a decision now, why don't we just include that as a provision of the motion. Board Member Lawson said he was appreciative of the design and it will be a little bit more responsive to the residential aspects of that street. On some projects sometimes it is suggested but it is not anywhere in the plans and stated as such. Is there an intent to redo fencing or walls along the property lines? Mr. Smith said yes there is. He thinks there is a detail of it in the lower left-hand corner. Mr. Jones said yes it is on the cover sheet at the lower left-hand corner. It is an odd place for it. Mr. Smith said it is noted on the site plan where that occurs. Board Member Lawson said he overlooked it. Also, I noticed for office use you have laid out all the individual offices. Is there a specific user that is intended and anticipated to be here because often you will find it left for later demising depending upon tenant needs. Mr. Smith said Mr. Salmen has an insurance company and at the time that we started designing this, he thought the two suites to the south on the second floor were going to be the ones he needed, but it sounds like, after speaking with him, that he might be using the entire building for his insurance company. There was originally two or three small executive suites, but it may be that those get incorporated into his business. Board Member Lawson directed his next question to staff. He as a business owner in the village, one of the great things about being down there is that you can head out to lunch and go to different places. I find a five foot wide sidewalk right up against the curb is really not always real accommodating for a group of people who take off to lunch together. While we don't have much in the way of setbacks, they are pretty tight, is there a possibility we could allow more sidewalk in front of this? It would obviously consume a little bit of the landscape. That is one of the things I find personally and professionally while down in the village DESIGN REVIEW BOARD MINUTES FEBRUARY27, 2006 PAGE7ofl2 that we need plenty of that urban space. If that is possible, is that something we can ask the applicant to consider? Mr. David Rick, Assistant Engineer, said the sidewalk design at five feet is per our standards. One of the concerns we might have is if we are widening the sidewalk on one property, but it's not widened on the other, you are going to have an inconsistent pattern for the sidewalk and down the street. If we were to address that issue of making the sidewalks wider, we would probably want to look at it more on our regional standard basis then just looking at it with individual projects. That is not to say that it couldn't be done. Perhaps there could be a widening that doesn't have the same type of a concrete so it is obvious it is more of a part of the project and becomes more of a private improvement that is maintained by them. That might be the only type of variation we would look favorable on at this point. Board Member Lawson said the reason he brings this up is out of pure experience and he's down in the village a lot and knows staff is there as well. I'd like to see how we can make this work its way into stronger consideration if possible. It does make a difference, in my opinion, as an observer. Am I to interpret staff's comment that it might be a good idea, but we can't do it here? Ms. Fountain said the Board could say they want a wider sidewalk on this project. What staff was saying is that it is not a consistent policy right now so we'd have to make a consistent policy throughout the village area and that may be something we would want to take to the Housing and Redevelopment Commission as a suggestion, maybe separate, from this project at this time and ask them if they want to generally require wider sidewalks in the Village area and what would that be. Chairperson Heineman said that would have to be a separate project. Ms. Fountain said Engineering is feeling uncomfortable with applying it to one specific project when it is not a general policy for the whole village area. Maybe we need to take that as a separate motion from the Design Review Board. If that is subsequently approved by the Housing and Redevelopment Commission, then it could be added to the project at that level. Chairperson Heineman added it should be divorced from this particular project then. Ms. Fountain agreed. ACTION: Motion by Board Member Baker, and duly seconded by Board Member Lawson, to adopt Design Review Board Resolution 306, recommending approval of RP 04-26 to the Housing and Redevelopment Commission, based on the findings and subject to the conditions contained therein. Board Member Schumacher said it would be interesting to see what could be done about a possible garage door, though Ms. Fountain said that may not be possible given the other dynamics within the city. Other then that, I like it. Board Member Baker said she thinks it is a great project. She does have a problem with the driveway, and if we could look for some solutions subject to the approval of the Redevelopment Director, that would be fine. I would just like to say overall, I would like us in future projects to start thinking of ways we might solve the "empty hole in the middle of the building" problem. Like the Escrow Transfer building, there is that office building on the corner of Jefferson and Grand, the medical office building, there are several of them around town, and I just don't think we have achieved what we were hoping to with the building over the parking. I don't know what the answer is, but maybe we could start thinking about other kinds of buildings to solve that problem. I would just as soon see the landscaping out in front then more concrete as a remark to Board Member Lawson's comments. Board Member Lawson said he can support the project. I think they have done a nice job. My reason for the paving isn't necessarily to eliminate landscape, but landscape comes in all forms. You can have DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 8 of 12 enhancement to an area that isn't necessarily made up of a planting bed. What we are sometimes forgetting is that we are somewhat trying to create a little bit of an urban environment and part of that urban environment is to introduce more of those pedestrian spaces. A planting bed doesn't necessarily create a pedestrian space and that is why I bring that up and that is something I think I'd like to have some consideration for in the future. Otherwise, I am supportive of this project. Chairperson Heineman said he is in support of the project. VOTE: 4-0-0 AYES: Heineman, Baker, Lawson, and Schumacher NOES: None ABSTAIN: None ABSENT: Marquez Ms. Fountain presented the next item which is another Major Redevelopment Permit to allow construction of a two-unit residential project. Again, Cliff Jones, our Redevelopment Planner, and Dave Rick, our Engineer, will present the project. Mr. Cliff Jones said the applicant, Eduardo Posada, is requesting a Major Redevelopment Permit for the construction of a 6,811 square foot, two-story, two-unit apartment project located at 786 Grand Avenue in Land Use District 2 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. In accordance with the 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 subject property is located at the corner of Grand Avenue and Jefferson Street. The subject property totals 9,000 square feet with building frontage along Grand Avenue and Jefferson Street and is currently occupied by a 956 square foot single-family residence. The project is bordered by a residential use to the north, to the west of the proposed project is a one-story medical office, a two-story office building sits on the property across Grand Avenue to the south, and the property across Jefferson Street to the east of the proposed project contains a single family structure, which was converted into a photography office use. As mentioned previously, the application is for a proposed two-story, two-unit apartment project totaling 6,811 square feet. The units are significantly setback from the street in order to reduce the massing of the building along Grand Avenue and Jefferson Street and to provide an abundance of landscaped open space for recreational purposes. To provide additional private recreational opportunities, each unit is equipped with a private roof deck. Access to the two units is to be provided off of Grand Avenue and parking is to be provided within the subterranean garage. The overall vision for the development of District 2 is to provide a continuation of Land Use District 1 through building scale and character while maintaining a pedestrian oriented environment. Staff believes that the proposed residential units assists in satisfying the goals and objectives set forth for Land Use District 2 through the following actions: • The project provides a desirable use that will improve the physical appearance of the area; • It will serve as a catalyst for future development; • The project is compatible with the surrounding area; • It increases the number, quality and diversity of housing types. The proposed project meets all of the required development standards outlined within the Village Master Plan excluding setbacks, which I will address shortly. DESIGN REVIEW BOARD MINUTES _ _ _ __ FEBRUARY 27, 2006 D S? A F T T> A /nr; n ~f 11 ••*' • » • »I • • The project provides for an abundance of open space and landscaping through reduced building coverage and setbacks; • The building height of the project is in compliance with the established standard set at the maximum of 35 feet; • Required parking of five spaces is provided through the use of a subterranean garage. In Land Use District 2, the front yard setback is 5 to 15 feet, the west side yard setback is 5 to 10 feet, and the east street yard setback is 10 feet. The rear yard setback is 5 to 10 feet. The proposed project falls within the required setback ranges except for the front and west side yard setback. The Design Review Board will be required to make appropriate findings for granting variances for the front and west side yard setback to exceed the maximum range of 15 feet in front and 10 feet on the side. It is noteworthy that staff is currently working on an amendment to the Carlsbad Village Redevelopment Master Plan subject to final approval by the Housing and Redevelopment Commission to allow for commercial and residential projects to exceed the maximum of the setback standard range with no variance requirement. It is also noteworthy that the Design Review Board has set prior precedence for granting variances to allow projects to exceed the maximum of the setback standard range. The necessary findings for the requested variances are included in the attached Design Review Board Resolution. Staff offers the following justification for granting the requested variances to exceed the front and side yard setback standards: • For variance finding number one, the justification is due to the location of the property being next to a commercial use and at a busy street corner; additional setback is required in order to protect the livability of the residence. The increased setback will be devoted to landscaping to help buffer the edge of the property and protect the livability for future residents. Providing the increased setbacks helps to increase the livability of the residential units and helps to make the project more compatible with the adjacent commercial office use. • Variance finding two's justification is by allowing the proposed setbacks, the subject property will more closely match the setbacks of the surrounding residential properties and adjacent office use. The granting of the variance will not constitute a granting of special privileges as a precedent has been previously set within the village redevelopment zoning for allowing residential projects to exceed the maximum of the standard range. • The justification for variance finding number three is that the variance does not authorize a use or activity which is not expressly authorized by the zone regulation governing the subject property as a multifamily use is a permitted use within Land Use District 2 within the Village Redevelopment zoning. Additionally, the increased setbacks are similar to the setbacks enjoyed by the surrounding properties under the same zoning designation. • The justification for variance finding number four is as follows. The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible, in order to encourage diversity and a variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. The placement of the building is setback similar to the surrounding properties allowing for increased landscape buffering, which is consistent with the Village Master Plan and Design Manual's goal of establishing Carlsbad Village as a quality living environment. The project is also consistent with the general purpose of the General Plan and the Carlsbad Village Redevelopment Master Plan. As I mentioned previously, these findings are contained within the attached Design Review Board Resolution. The proposed project is also consistent with the design principles outlined in the Village Design Manual. The project provides for an overall informal character in design. The project's architectural design is compatible with the surrounding neighborhood. The project incorporates several design features to achieve the desired village character including various sized windows with decorative trim, varied roof heights with slate composite shingles and a 5 and 12 roof pitch, wood trim, and decorative wood like siding is provided on the sides of the building. The project provides wood railings around the balconies, and the project provides complimentary stucco colors. DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 10 of 12 The project also provides for an abundance of open space and landscaping along all sides of the residence and provides low decorative stone veneer walls. Parking is visually subordinate contained within a subterranean garage. 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 the 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. The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First the redevelopment of what was a previously underutilized lot will result in increased property taxes, and this increase in property tax will further result in increased increment to the Redevelopment Agency. Second, 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 construction of a quality, multifamily residential project. In conclusion, staff is recommending approval of the project with findings for variances for the front and west side yard setback to exceed the standard range. Development of the site will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. Board Member Baker asked about the six-foot high wall that would be on the Jefferson Street side. Do we have any examples anywhere in the village where we have a wall that high? I appreciate the need for the wall, but I am a little concerned there aren't walls anywhere else. How does that blend in with the consistency of the area? Mr. Jones said the wall was required for sound attenuation purposes. Staff spoke with the applicant and tried to figure out if there was an alternative to the wall and that was the best alternative they could find. We did request they provide windows so you could actually see through the wall and to try and make that wall as visually pleasing as possible. Board Member Baker added then that staff had the same concerns as well. Mr. Jones agreed that it was a concern of staff. We did our best to try and find a wall that was pleasing architecturally. Board Member Baker asked if that was a City of Carlsbad noise abatement rule or the village or where does that wall requirement come from? Ms. Fountain said they are actually required to do a noise study because they are in the area that requires that. Then there has to be recommendations on how to deal with the attenuation of noise there. They are on a busy corner, which is part of their problem. Staff did have a concern about walls. Typically we don't like to encourage walls around residential properties, and we usually do most anything we can to try to discourage them. If we don't have another good solution to that from the noise impact standpoint, then we have to require them and try to get the best design we can on them to try not to enclose properties. There is a requirement in the Master Plan for most areas, that if you are building commercial property next to residential property, you have to put in a six-foot wall. We had that issue come up on the last project. There is an office project that was recently constructed that is just to the north of this. There is a residential property and then that commercial property that does have the six-foot walls. It is one that causes us more concern on residential, but there wasn't another good solution to deal with that noise situation. Board Member Baker commented that those walls generally seem different because they are property line walls. The reason why this one caused concern for me is because it is along a sidewalk and it is along the DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 T\W^ A f~T PAGE 11 of 12 UK At" I busy thoroughfare as opposed to being walls that are running between property lines that aren't quite so noticeable. Ms. Fountain agreed that it is just an issue with it being a corner property that causes the concern. Board Member Lawson said he noticed on all of the elevations there appeared to be a good implication of abundance of planting. In looking at the plans, I notice that on the third floor there is reference to a planter, but actually on the second floor for all of the strip planning that is out front, I don't see any reference to that. I like the elevations and what they convey, but I am questioning if there is a strong enough commitment that those are going to be actual planters that are there. If you go to the second floor plans, there is no specific statement as to those being planter strips. That would be on plan sheet A2.3 where there is implication that there are planters there. There is no reference yet, but if you go to A2.4 where there is a roof deck, they do call it out as a planter box. I just want to make sure that those really will be there and are intended to be there. I am sure that they intended, but I'd like to make sure that they don't get overlooked down the road. Mr. Jones said correct, that is something staff did notice as well. They do call out the plant material in the landscape plan itself, but they didn't put a small pop out showing where it is on the landscape plan. The Board can add a condition of approval requiring those areas to be landscaped as depicted on the floor plans. Board Member Lawson said he is sensitive too because he knows it does require some special consideration on how those are built, waterproofed and all of that. If they are not as such stated on the building plans, then a lot of times the building doesn't bid it and then it ends up being left out and they are asking for a hard luck situation, certain drainage lines were not anticipated, therefore aren't there, etc. Eventually, they put in some plastic plants that look terrible. If you could just make sure that is included I would be appreciative of that. Mr. Jones said sure. ACTION: Motion by Board Member Baker, and duly seconded by Board Member Lawson, to adopt Design Review Board Resolution 307, recommending approval of RP 05-01 to the Housing and Redevelopment Commission, based on the findings and subject to the conditions contained therein. Board Member Schumacher said he likes the project. Board Member Baker said she likes the project. She is not as crazy about the wall around the side, but staff has convinced her it has to be. Board Member Lawson supports the project. He finds the architectural design very interesting. He hopes it has as much flair as it appears graphically because it is a nice addition to the village. Chairperson Heineman supports the project. VOTE: 4-0-0 AYES: Heineman, Baker, Lawson, and Schumacher NOES: None ABSTAIN: None ABSENT: Marquez DIRECTOR'S REPORT No report by the Director of Housing and Redevelopment. Oi DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 12 of 12 ADJOURNMENT By proper motion, the Special Meeting of February 27, 2006, was adjourned at 7:01 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk EXHIBIT 6 PARKING IN-LIEU FEE PARTICIPATION AGREEMENT PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space is for the County Clerk's Filing Stamp thApril 15 ,2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 17th Day of April, 2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of of the envlron- nt Peftnit Inonly those te-at the public public! CASE FILE NO.: RP 04-26 HOUSING ft REDEVELOPMENT COMMISSION NCT1926654 •04/15/06 CITY OF CARLSBAD NOTICE OF PUBLIC HEARING SALMEN INSURANCE BUILDING NOTICE IS HEREBY GIVEN that the Housing & Redevelopment Commission of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, 6:00 PM on Tuesday, April 25th, 2006, to consider approval of a request for a Major Redevelopment Permit (RP 04-26), to allow the construction of a 2-story, 3,326 square foot commercial office building on the property located at 955 Grand Avenue (APN: 203-320-02) in Land Use District 3 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 provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the 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 Design Review Board will be considering recommending 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 Dr., Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE NO.: RP 04-26 PUBLISH: April 15, 2006 HOUSING & REDEVELOPMENT COMMISSION SITE SALMEN INSURANCE BUILDING RP 04-26 RICHARD K & VERA B MATSUI TRUST 1005LAGUNADR CARLSBAD CA 92008 THOMAS & KELLY MATYN 3795 TRIESTE DR CARLSBAD CA 92008 DAVID & DIANE LAD WIG PO BOX 150 WASHOUGAL WA 98671 LEE HOFF TRUST 1035LAGUNADR CARLSBAD CA 92008 VOORDECRERS FAMILY REVOCABLE TRUST 1045 LAGUNA CARLSBAD CA 92008 MICHAEL A ADAMS 586 FAIRWAY DR EL PASO IL 61738 JOHN & MARIA L ROSSBACH 964 HOME AVE CARLSBAD CA 92008 ALLAN S & TANYA K PHILLIPS 974 HOME AVE CARLSBAD CA 92008 JULLIE LISS 984 HOME AVE CARLSBAD CA 92008 SCHAEFFER FAMILY TRUST 994 HOME AVE CARLSBAD CA 92008 MICHAEL J LOUGH 1010 HOME AVE CARLSBAD CA 92008 DALE C CALABRESE 1012 HOME AVE CARLSBAD CA 92008 PATRICK DAILEY 1011 HOME AVE CARLSBAD CA 92008 RICHARD & DONNA LEIVONEN 965 HOME AVE CARLSBAD CA 92008 EXTENDED STAY CA INC ATTN: TAX 8831 100 DUNBAR ST SPARTANBURG SC 29306 YUELING CHEN 1022 GRAND AVE CARLSBAD CA 92008 RODRIGUEZ FAMILY 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MR&MRSDOLAN REVOCABLE TRUST MR&MRSBENDIX 903 SPRINGWOOD LN ENCINITAS CA 92024 SOOHOO FAMILY TRUST 82 LAKESIDE DR BUENA PARK CA 90621 DANIEL & ERNESTINE CERDA 1743 LOTUS AVE EL CENTRO CA 92243 PGP CARLSBAD SENIORS LTD E CAPITAL GROWTH PROP 1120 SILVERADO ST LA JOLLACA 92037 SWSY CORP TURNER TRUST SUNRISE PROPERTY MGMT 8787 COMPLEX DR #100 SAN DIEGO CA 92123 LESLIE SALVAGIO 955 GRAND AVE CARLSBAD CA 92008 EDMOND SHEHAB TRUST 6321 ESPLANADE PLAYA DEL RAY CA 90293 MOTEL 6 OPERATING LP JOHN GRANT RES TRUST ACCOR N AMERICA TAX DEPT PO BOX 117508 CARROLLTON TX 75011 CALIFORNIA BADGER CO LLC C/O FIRST AMERICAN TITLE PO BOX 786 DEL MAR CA 92014 STANLEY & GLORIA CARROLL C/O EW DAWSON CORP PO BOX 555 INGLEWOOD CA 90307 ALLAHYARI FAMILY TRUST 19TIERRAVISTA LAGUNA HILLS CA 92653 THATCHER REV TRUST ROBERT SONNEMAN PMB154 PO BOX 5000 RANCHO SANTA FE CA 92067 GOOD SHEPHARD ASSEMBLY OF GOD PO BOX 1035 CARLSBAD CA 92018 DENNYS INC (LF) GRANT HOLDINGS LLC C/O MARY GRANT 7173 OBELISCO CIR CARLSBAD CA 92009 FITZPATRICK FAMILY REVOCABLE TRUST 31338 LAKE VISTA CIR BONSALL CA 92003 GREGORY LOSA PO BOX 96 CARLSBADCA92018 CITY OF CARLSBAD JACK IN THE BOX INC (LF) MIRA MESA SQUARE C/O EPROPERTY TAX DEPT 401 PO BOX 4900 SCOTTSDALE AZ 85261 PHYLLIS NORMAN TRUST PO BOX 1395 CARLSBAD CA 92018 MERKLE & DAVIES TRUSTS C/O GOLDEN KEY 2727 ROOSEVELT ST #A CARLSBAD CA 92008 SCANLON FAMILY TRUST 7306 BORLA PL CARLSBAD CA 92009 LINDA MEISSNER TRUST 1275 HOOVER ST CARLSBAD CA 92008 JAMES & LANA BESAW PO BOX 3928 DANA POINT CA 92629 THATCHER REV TRUST ROBERT SONNEMAN CONOCO PHILLIPS PO BOX 1539 PASO ROBLES CA 93447 JERRY JACKSON & ARCARIA JACKSON RODELL 2504 MANCHESTER AVE CARDIFF CA 92007 HOPPER FAMILY REV TRUST GRANT HOLDINGS LLC 2945 HARDING ST #111 CARLSBAD CA 92008 NEAL & CAROL BAKER JANET WALEK JANICE TALLEY 1875 BUSINESS CENTER DR SAN BERNADINO CA 92408 DOROTHY METROS & MARILYN CARRUTHERS 919 PECK AVE MANHATTAN BEACH CA 90266 W & K THOMPSON LIVING TRUST 600 KALORAMA DR VENTURA CA 93001 Salmen Insurance BuildingHousing & Redevelopment CommissionApril 25, 2006 Location MapSI T E Subject Property Motel 6 to the East Apartment Buildings to the West Single-Family Homes Across Grand Ave. to the North Vacant Property to the South (Rear) Proposed DevelopmentTwo-Story 3,326 sq. ft. Office Project6 Office Suitesz1 office suite ground floor totaling 134 sq.ft. z5 office suites 2ndfloor totaling 2,768 sq.ft. Frontage along Grand Avenue. Access off of Grand Avenue Building CoverageRequired: 60%-80%Proposed: 72%HeightRequired: 45’ w/ min 5:12 roof pitchProposed: 34’ w// 5:12 roof pitchOpen Space Required: 20%Proposed: 26.7%ParkingRequired: 11 spaces (1 space/ 300 square feet)Proposed: 9 spaces (2 In-Lieu Fee Program spaces)Standards ComplianceSetbacks Proposed:Front: 5 feet*S. Side: 5 feet N. Side: 5 feetRear: 5 feet* Building is 15 feet back from edge of curb. Project DesignWESTNORTH Project DesignEASTSOUTH Proposed Project:Provides desirable useCompatible with surrounding area.Serve as catalyst for future developmentIncreases number, quality, and diversity of office space within the Village.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 4-0 (Marquez absent) to recommend approval of the project.Project will have positive financial impact and assist in fulfilling the goals and objectives of the Master Plan.