Loading...
HomeMy WebLinkAbout2006-08-15; Housing & Redevelopment Commission; 387; CASA COBRAHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL 1 387 DEPT. H/RED CASA COBRA RP 05-09 DEPT. CITY ATTY CITY MGR. RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 422 . APPROVING a Major Redevelopment Permit (RP 05-09) for the construction of a mixed-use development project consisting of four (4) apartment units and 1,500 square feet of commercial (retail/office) space on the property located at 3190 Roosevelt Street in Land Use District 5 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1 as recommended by the Design Review Board; and, Adopt Resolution No. 423 , approving a Parking In-Lieu Fee Participation Agreement. ITEM EXPLANATION: On June 26, 2006, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit for a two-story mixed-use project consisting of four (4) apartment units and 1,500 square feet of commercial (retail/office) space in Land Use District 5 of the Carlsbad Village Redevelopment Area. The subject property totals 10,502 square feet and contains two (2) residential units, which are proposed to be demolished in order to accommodate the proposed project. The site is bordered by a two-story residential building to the north, an office building across Roosevelt Street to the west, a vacant property across Pine Avenue to the south, and a single-family residence sits on the property to the east. Surrounding uses are predominantly residential with scattered commercial uses along Roosevelt Street. The proposed project involves the construction of a two-story building consisting of one-story of residential apartments located over aboveground parking and commercial space. There are four (4) units total varying in size from 1,271 square feet to 1,730 square feet. The building has a pleasant architectural design with attractive commercial space on the ground floor incorporating attractive building materials such as decorative stone work, canvas awnings, and decorative columns and arches, which help to enhance the street scene along Roosevelt Street and Pine Avenue. The residential apartments located above the commercial space continue the pleasing architectural design to the upper level of the building incorporating decorative canvas awnings, various sized and shaped multi-paned windows, and wrought iron balcony railings. The residences are significantly setback from the street at upper levels in order to reduce the massing of the building along Roosevelt Street and Pine Avenue. Each residential unit is equipped with second story decks for recreational purposes. Parking for the project is screened from public view contained entirely within the structure. The project includes extensive landscaping within and around the project, decorative paving at commercial and residential entries, a pleasant architectural design consistent with the Land Use District, and an attractive commercial fagade. Vehicular access to the site is provided off of Pine Avenue. At the public hearing, the Design Review Board members voted unanimously (3-0) to recommend approval of the project as proposed with findings to grant the following: 1. Establishment of the High Residential (RH) density designation for the subject property with a corresponding density of 15-23 dwelling units per acre and a Growth Management Control Point (GMCP) of 19 dwelling units per acre; 2. Participation in the Parking In-Lieu Fee Program for a maximum of one (1) parking space. Page 2 The approving resolution along with the Design Review Board staff report and the draft minutes of the June 26th 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. FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax. The current assessed value of the project site is $765,000. With the new construction, it is estimated that the assessed value will increase to approximately $2.25 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $14,600 per year. Additionally, it is anticipated that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. ENVIRONMENTAL IMPACT: The Housing & Redevelopment Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. No comments were received on the environmental determination. The necessary finding for this environmental determination is included in the attached Housing & Redevelopment Commission resolution. EXHIBITS: 1. Housing & Redevelopment Commission Resolution No. 422 . APPROVING RP05-09. 2. Housing and Redevelopment Commission Resolution No. 423 . APPROVING a Parking In-Lieu Fee Participation Agreement between the Commission and Darren M. Hamilton, Chris J. Hamilton, and Judith W. Hamilton, property owners at 3190 Roosevelt Street in the Village Redevelopment Area. 3. Design Review Board Resolution No. 308 dated June 26, 2006. 4. Design Review Board Staff Report dated June 26, 2006, w/attachments. 5. Design Review Board Minutes, dated June 26, 2006. 6. Parking In-Lieu Fee Participation Agreement between the Commission and Darren M. Hamilton, Chris J. Hamilton, and Judith W. Hamilton. DEPARTMENT CONTACT: Cliff Jones 760-434-2813 ciones@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED I/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES n D Da 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 422 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP05-09 FOR 4 THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF FOUR (4) APARTMENT UNITS AND 1,500 SQUARE 5 FEET OF COMMERCIAL (RETAIL/OFFICE) SPACE ON THE PROPERTY LOCATED AT 3190 ROOSEVELT STREET IN LAND USE 6 DISTRICT 5 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 APPLICANT: DONALD GROVER CASE NO: RP 05-09 8 9 WHEREAS, on June 26, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 05-09) for the construction of mixed- use development project consisting of four (4) apartment units and 1,500 square feet of commercial 12 (retail/office) space on the property located at 3190 Roosevelt Street, and adopted Design Review Board Resolutions No. 308 recommending to the Housing and Redevelopment Commission that Major 14 Redevelopment Permit (RP 05-09) be approved; and 15 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date 16 of this resolution held a duly noticed public hearing to consider the recommendation and heard all 17 persons interested in or opposed to Major Redevelopment Permit (RP 05-09); and 18 WHEREAS, the recommended Design Review Board approval includes findings establishing 19 the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and 20 WHEREAS, the recommended Design Review Board approval includes findings granting 21 participation in the Parking In-Lieu Fee Program for a maximum of one (1) parking space; and 22 WHEREAS, as a result of an environmental review of the subject project conducted pursuant 23 to the Guidelines for Implementation of the California Environmental Quality Act and the 24 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically 25 exempt from the requirement for preparation of environmental documents pursuant to Section 15332 26 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an 27 urbanized area that has no habitat value and is served by adequate facilities. 28 HRC RESO NO. -;.- PAGE 1 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California as follows: 3 1. That the foregoing recitations are true and correct. 4 2. That Major Redevelopment Permit (RP 05-09) is APPROVED and that the findings and 5 conditions of the Design Review Board contained in Resolutions No. 308, on file in the City Clerk's 6 Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission.8 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered the environmental determination for this project and any comments thereon. The Housing and Redevelopment Commission finds that: (a) The project is consistent with the applicable general plan designation and all . ~ applicable general plan policies as well as with applicable zoning designation and regulations; ,4 (b) The proposed development occurs within city limits on a project site of no more 15 than five acres and substantially surrounded by urban uses; j 6 (c) The project site has no value as habitat for endangered, rare or threatened species; 17 (d) Approval of the project would not result in any significant effects relating to 1 g traffic, noise, air quality, or water quality; and 19 (e) The site can be adequately served by all required utilities and public services. 20 The Housing and Redevelopment Commission finds that the environmental determination reflects the 21 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 22 4. That this action is final the date this resolution is adopted by the Housing and 23 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time 24 Limits for Judicial Review" shall apply: 2 5 NOTICE TO APPLICANT: 26 "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 27 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 28 following the date on which this decision becomes final; however, if within ten days after the decision HRC RESO NO. PAGE 2 'J 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 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 Regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 15th day of August, 2006, by the following vote to wit: AYES: Commissioners Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: Commissioner Hall ABSTAIN: None ATTEST: RAYMOND. R. PATCHETT, SECRETARY r"<3V'ESTABUSHED\V -ill 1970 /j 9 noticed public hearing to consider a Major Redevelopment Permit (RP 05-09) for the construction 11 17 18 19 20 21 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 423 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE COMMISSION AND DARREN M. HAMILTON, CHRIS J. HAMILTON, & JUDITH W. HAMILTON, PROPERTY OWNERS, FOR THE PROJECT KNOWN AS CASA COBRA AT 3190 ROOSEVELT STREET, APN: 204-084-09, IN THE VILLAGE REDEVELOPMENT AREA. APPLICANT: DONALD GROVER CASE NO: RP 05-09 WHEREAS, on June 26, 2006, the City of Carlsbad Design Review Board held a duly 10 of a mixed-use development project consisting of four (4) apartment units and 1,500 square feet 12 of commercial (retail/office) space on the property located at 3190 Roosevelt Street, and adopted 13 Design Review Board Resolution No. 308 recommending to the Housing and Redevelopment 14 Commission that Major Redevelopment Permit (RP 05-09) be approved; and 15 WHEREAS, on 8/15/06 , the Housing and Redevelopment Commission approved a16 Major Redevelopment Permit (No. 05-09) to allow Darren M. Hamilton, Chris J. Hamilton, & Judith W, Hamilton, Property Owners, to construct a mixed-use development project consisting of four (4) apartment units and 1,500 square feet of commercial (retail/office) space on property located at 3190 Roosevelt Street (Assessor Parcel # 204-084-09) within the Village Redevelopment Area of the City of Carlsbad; and WHEREAS, as a condition of approval of Major Redevelopment Permit 05-09, the 23 Commission and Property Owner agreed to enter into an agreement to allow the Property Owner 24 to participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of 25 the on-site parking requirement for the subject project; and 26 " 27 HRC RESO NO. 28 1 WHEREAS, the Property Owners have agreed, by acceptance of the project conditions of 2 approval, to pay the established Parking In-Lieu Fee for a total of one (1) parking space to satisfy a portion of the on-site parking requirement for the approved mixed-use project located at 3190 4 Roosevelt Street within the Village Redevelopment Area of the City; and 5 WHEREAS, the Commission finds that the subject property and project has qualified to 6 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and 7 participation in the program will satisfy a maximum of one (1) of the required parking spaces for 8 the subject mixed-use project on the noted property at 3190 Roosevelt Street; and WHEREAS, the Commission has previously determined that the proposed project is j j consistent with the goals and objectives of the Village Master Plan and Design Manual; and 12 WHEREAS, the Commission has previously determined that there is adequate public 13 parking available within the Village Redevelopment Area to accommodate a portion of the 14 subject project's parking demands; and WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this Parking In-Lieu Fee Participation Agreement. 17 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 19 Commission of the City of Carlsbad, California as follows: 20 1. That the foregoing recitations are true and correct. 22 2. That the Housing and Redevelopment Commission hereby approves the Village Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of the Carlsbad Redevelopment Agency, and Darren M. Hamilton, Chris J. Hamilton, & Judith W, Hamilton, property owners of the project known as Casa Cobra which is to 26 27 HRC PESO NO. PAGE 2 r.28 r 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 be constructed at 3190 Roosevelt Street, in the Village Redevelopment Area of the City of Carlsbad. 3. That the Chairperson of the Housing and Redevelopment Commission is hereby authorized to execute said Agreement, and the City Clerk is requested to forward the executed Agreement to the County Recorder for recordation against the subject property. PASSED, APPROVED, AND ADOPTED at a Regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 15th day of August, 2006, by the following vote to wit: AYES: Commissioners Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: Commissioner Hall ABSTAIN: None LEWIS,CHAIRMAN ATTEST: .x\\" «"">,. ^^••••&\ RAYMOND. R. PATCHETT, SECRETARY^ |\ 1970 jg~ EXHIBIT 3 DESIGN REVIEW BOARD RESOLUTION NO. 308 DATED JUNE 26, 2006 1 DESIGN REVIEW BOARD RESOLUTION NO. 308 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 05-09 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF FOUR (4) APARTMENT UNITS AND 1,500 SQUARE FEET OF COMERCIAL (RETAIL/OFFICE) SPACE ON THE PROPERTY 6 LOCATED AT 3190 ROOSEVELT STREET IN LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASA COBRA 8 APN: 204-084-09 9 CASE NO: RP 05-09 10 WHEREAS, Donald Grover, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Darren M. 13 Hamilton, Chris J. Hamilton, & Judith W. Hamilton, "Owner", described as Assessor Parcel *4 Number 204-084-09, and more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-G" dated June 26, 2006, on file in the Housing and Redevelopment 17 10 Department, "Casa Cobra RP 05-09", as provided by Chapter 21.35.080 of the Carlsbadlo 19 Municipal Code; and 20 WHEREAS, the Design Review Board did on the 26th day of June, 2006, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 24 25 "Casa Cobra RP 05-09." 26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 27 follows: 28 A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Casa Cobra RP 05-09, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS; 4 ^ 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, 6 and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an 7 infill development project. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein with the findings 10 contained herein to grant participation in the Parking In-Lieu Fee Program and the establishment of the RH density designation for the project, is in conformance with the Elements of the City's General Plan, the Carlsbao" Village Area Redevelopment Plan, and the 12 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated June 26,2006 including, but not limited to the following: 13 a. The proposed project is consistent with the goals and objectives for the Village, 14 as outlined within the General Plan, because it provides for a multi-family , , residential use and commercial use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential 16 neighborhood and encourages greater residential support opportunities in the Village. By providing more residential and commercial (retail/office) 17 opportunities, the project helps to create a lively, interesting social environment be encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The 19 project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. 20 Furthermore, the project will provide a strong street presence with extensive architectural relief, including outdoor decks looking out over the adjacent 21 streets and fully enclosed parking. Overall, the new residential units will jj enhance the Village as a place for living and working. 23 b. The project is consistent with the Village Redevelopment Master Plan and Design manual in that the proposed project assists in satisfying the goals and 24 objectives set forth for Land Use District 5 through the following actions: 1) it establishes the Village as a quality shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the 26 type of housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area 27 by providing residential units in close proximity to both bus and rail mass transit 3) it stimulates property improvements and new development in the Village by providing for an appropriate intensity of residential development and DRB RESO NO. 308 -2- commercial (retail/office) development that may serve as a catalyst for future 2 redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing older structures with an aesthetically pleasing building with 3 attractive landscaping. c. The project as designed is consistent with the development standards for Land Use District 5, the Village Design Guidelines and oth forth in the Village Master Plan and Design Manual. , Use District 5, the Village Design Guidelines and other applicable regulations set 6 d. The existing streets can accommodate the estimated ADTs and all required 7 public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public facih'ties have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best 10 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. , ~ e. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space 13 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 14 f. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. 17 g. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been ]Q conditioned to pay to the City an inclusion ary housing in-lieu fee for four (4) units. 20 3. The Design Review Board hereby finds that the appropriate residential density for the project 21 is RH (15-23 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density designation is as follows: 23 a. The density is compatible with the surrounding area, which contains a variety of 24 uses including multi-family residential, single-family residential, retail, and commercial. Application of the RH General Plan designation on the subject 25 property would allow for future high density residential mixed-use development, which is permitted in District 5, and would be compatible with the mixture of surrounding uses. 27 b. The RH General Plan density designation serves to satisfy the goals of the 28 Village Redevelopment Master Plan by increasing the number, quality, diversity, DRB RESO NO. 308 -3- and affordability of housing units within this area of the Village. The high 2 density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment 3 Master Plan. 4 c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 5 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 4. The Design Review Board finds that the RH residential density is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated June 26, 2006, including but not limited to the following: 10 a. Land Use - The project is consistent with the City's General Plan since the proposed density of 16.66 du/ac is within the density range of 15-23 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 16.66 du/ac is below the Growth Management Control Point density (19 13 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified 14 Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties 17 identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. 18 b. Circulation - The project will take access off of Pine Avenue and is conditioned to provide all necessary street improvements. On-site circulation consists of a private 20 driveway which provides access to an -at grade parking garage designed in accordance with City standards. 21 c. Noise - The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Eilar Associates 23 d. Housing - The project is consistent with the Housing Element of the General Plan 24 and the Inclusionary Housing Ordinance as the as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) units. 25 5. 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. 27 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; 28 water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; DRB RESO NO. 308 -4- government administrative facilities; and open space, related to the project will be installed 2 to serve new development prior to or concurrent with need. Specifically, 3 a. The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service <. remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they 6 apply to sewer service for this project. 7 b. All necessary public improvements have been provided or are required as conditions of approval.8 9 c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation to provide school 10 facilities. d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and , 2 will be collected prior to the issuance of building permit. 13 e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 14 6. The project is consistent with the City's Landscape Manual. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to 17 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. 18 , g 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking 20 requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: 21 a. The project is consistent with the Carlsbad General Plan because it provides for a commercial (retail/office) use in an appropriate location within the Village. 23 The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale 24 through adherence to the land use regulations and design guidelines set forth for the area. 25 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 27 for Land Use District 5 through the following actions: 1) the project provides permitted commercial (retail/office) space in a new structure; 2) the building is 28 designed in a manner that compliments nearby residential uses by incorporating DRB RESO NO. 308 -5- many of a same architectural elements found in residential projects; and 3) the 2 project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 3 c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated in February of r 2006, the average occupancy for all public parking lots is 82%. This utilization ratio allows for continued implementation of the parking in-lieu fee program 5 because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 7 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. 9 GENERAL CONDITIONS; 10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 12 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 13 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented 14 and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 17 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 18 Permit. 19 Staff is authorized and directed to make, or require the Developer to make, all corrections 20 and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed - development different from this approval, shall require an amendment to this approval. 23 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 24 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 27 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 28 DRBRESONO. 308 -6- /5 1 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 2 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all 3 liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's ^ approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or <- issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 6 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 7 energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the Agency's approval is not validated.8 9 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 10 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 j2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 13 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 14 Director from the Carlsbad School District that this project has satisfied its obligation to . - provide school facilities. 16 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 17 Plan prior to the issuance of building permits. 18 10. Approval is granted for Major Redevelopment Permit RP 05-09 as shown on Exhibits 19 "A-G", dated June 26, 2006, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown 20 unless otherwise noted in these conditions. 11. This approval shall become null and void if building permits are not issued for this 22 project within 24 months from the date of project approval. 23 12. Building permits will not be issued for the project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate 24 water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be 26 placed on the Final Map. 27 28 DRB RESO NO. 308 -7- / '& 1 HOUSING CONDITIONS: 2 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the <- time, as established by City Council Resolution from time to time. 6 LANDSCAPE CONDITIONS: 7 14. The Developer shall submit and obtain Housing & Redevelopment Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 10 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the 12 project's building, improvement, and grading plans. 13 16. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 14 MISCELLANEOUS CONDITIONS: 17. 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 17 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such , „ 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. 20 18. Prior to occupancy of the first dwelling unit the Developer shall provide all required 21 passive and active recreational areas per the approved plans, including landscaping and recreational facilities.22 23 NOTICING CONDITIONS: 24 19. 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 ~t successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution No. 308 on the real property owned by the Developer. Said Notice 27 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 28 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment DRB RESO NO. 308 -8- Director has the authority to execute and record an amendment to the notice which 2 modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 3 ON-SITE CONDITIONS: 4 , 20. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad 6 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 7 materials of the project and subject to the satisfaction of the Housing & Redevelopment Director. o 9 21. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and 10 the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 12 22. 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 13 downward and avoid any impacts on adjacent homes or property. *4 23. 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 16 Directors of Community Development and Housing and Redevelopment. 17 24. 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 one (1) parking space. The fee shall be the sum total of the fee per parking space in 19 effect at the time of the building permit issuance times the number of parking spaces needed to satisfy a portion of the commercial (retail/office) component of the 20 project's parking requirement (1 space total). 71 25. The project shall have a master cable television hookup. Individual antennas shall 22 not be permitted. 23 26. There shall be separate utility systems for each unit. 2^ 27. Building materials identified in acoustical study prepared by Eilar Associates shall be used in the building construction in order to reduce noise levels to an acceptable level. 26 28. Solid masonry walls shall be installed along all common lot lines that adjoin an 27 existing residential use. 28 STANDARD CODE REMINDERS: DRB RESO NO. 308 -9- 1 2 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 3 Fees 4 29. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 30. 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 7 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 8 General 31. 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 1 1 building permit issuance, except as otherwise specifically provided herein. 13 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 14 33. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval , of the Housing & Redevelopment Director prior to installation of such signs. 17 ENGINEERING CONDITIONS: 18 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must 1 9 be met prior to approval of a building or grading permit whichever occurs first. 21 General 22 36. 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. 24 37. A right of way permit will be required for sidewalk reconstruction / repair and utility 25 services and under grounding or removal of utility poles. 26 38. 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. 28 DRB RESO NO. 308 -10- 39. Prior to the issuance of a building permit, Developer shall submit to the City Engineer 2 proof that the existing lots within this project have been consolidated or merged in accordance with the Carlsbad Municipal Code. 3 Fees/Agreements 4 40. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 7 41. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area ° shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. 10 Grading 42. 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 13 43. Based upon a review of the proposed grading and the grading quantities shown on the 14 Site Plan and preliminary grading plan, a grading permit for this project is not required.15 44. 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 17 decision making body (including any applicable Coastal Commission approvals). The reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed 18 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. 20 45. 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 21 with any grading or building permit. 97 46. Developer shall comply with the City's requirements of the National Pollutant Discharge 23 Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the 24 "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: 27 A. All owners and tenants shall coordinate efforts to establish or work with 28 established disposal programs to remove and properly dispose of toxic and DRB RESO NO. 308 -11- '?/> hazardous waste products. 2 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 3 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. 7 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements.8 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Manangement Plan 10 (SWMP)". The SWMP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the maximum extent practicable, storm water pollutant runoff at both construction and post-construction stages of the project. 13 The SWMP shall: i14 a) Identify existing and post-development on-site pollutants. b) Recommend source control and structural Best Management Practices to filter 1 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 17 procedures for handling clean up and disposal of pollutants. d) Ensure long-term maintenance of all post construct BMPs in perpetuity. 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 308 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of June, 2006 by the following vote to wit: AYES: HEINEMAN, LAWSON AND SCHUMACHER NOES: NONE ABSENT: BAKER AND MARQUEZ ABSTAIN: NONE COUI DESIGN REVIEW BOARD AIRPERSON ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 308 -13- EXHIBIT 4 DESIGN REVIEW BOARD STAFF REPORT WITH ATTACHMENTS DATED JUNE 26, 2006 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff; Cliff Jones 3/15/2006 Clyde Wickham Environmental Review: Categorical Exemption ITEM NO. 1 DATE: June 26, 2006 SUBJECT: RP 05-09 "CASA COBRA": Request for a Major Redevelopment Permit, to allow the construction of a mixed-use development project consisting of four (4) apartment units and 1,500 square feet of commercial (retail/office) space on the property located at 3190 Roosevelt Street injLand Use District 5 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 308 recommending APPROVAL of RP 05-09 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 greater than $150,000. In accordance with redevelopment permit procedures, the permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The Design Review Board is being asked to hold a public hearing on the permit requested, consider the public testimony and staff's recommendation on the project, discuss the project and then take action to recommend approval or denial of the project, with the following request: 1) participation in the Parking In-Lieu Fee Program for a maximum of one parking space. The proposed project is not located within the Coastal Zone; therefore a Coastal Development Permit is not required. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Don Grover, A.I.A, has requested a major redevelopment permit to allow the construction of a 7,524 square foot mixed-use project consisting of four (4) apartment units and 1,500 square feet of commercial (retail/office) space. The subject property totals 10,502 square CASA COBRA JUNE 26, 2006 PAGE 2 feet and is located at 3190 Roosevelt Street in Land Use District 5 of the Carlsbad Village Redevelopment Area. The existing structures on-site include two single-family residences, and are proposed to be demolished in order to accommodate the new building. The subject property is bordered by a six-unit two-story apartment building to the north, a one-story commercial building to the west, a vacant property across Pine Avenue to the south, and a single-family residence sits on the property to the east. There is construction going on for a four-unit condominium project caddy corner from the subject property to the southwest. The two-story building consists of one story of residential apartments located over aboveground parking and commercial space. There are four (4) units total varying in size from 1,271 square feet to 1,730 square feet. The building has a pleasant architectural design with attractive commercial space on the ground floor incorporating attractive building materials such as decorative stone work, concrete columns, and decorative awnings. The residential condominiums located above the retail space continue the pleasing architectural design to the upper levels of the building incorporating decorative stone veneer, decorative awnings, various sized and shaped multi-paned windows, and wrought iron railings are used on the balconies. The building is significantly setback from the street in order to reduce the massing of the building along Roosevelt Street and Pine Avenue. Empty walls are broken up by using various stucco colors, rock work, and wrought iron grills. With parking contained entirely within the structure, the project will be screened from public view. Each residential unit is provided 2 14 covered parking spaces for the residents and their guests, and covered retail parking is provided as required. Vehicular access to the site is provided off of an alley from Pine Avenue. IV. GENERAL PLAN CONSISTENCY The General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a multi-family residential use and commercial use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential and commercial opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the new residents an opportunity to walk to shopping, recreation, and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, outdoor decks looking out over the adjacent streets, and fully enclosed parking. Overall, the CASA COBRA JUNE 26,2006 PAGE 3 new residential units will enhance the Village as a place for living and working. 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 the development of new condominium units where residents will be within clear walking distance to District 1, the retail and commercial core of the Village Area, the visitor-serving commercial uses of District 9, and the mixed use area of District 5. The new residences will increase the number, quality and diversity of housing units within the Village, particularly those in proximity to transit, shopping and employment for those people seeking to reside in the downtown area. The proposed commercial space will serve the new residents, existing residents, as well as those who work in the surrounding area. The attractive architectural design of the project will serve to enhance the site and the surrounding area. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. Access to the parking will be provided off of an alley from Pine Avenue eliminating any pedestrian/vehicular conflicts along Roosevelt Street where the commercial storefronts are proposed. Additionally, the proposed project will be in close proximity to both bus and rail mass transit options and will thus encourage and promote the use of mass transit, further improving vehicular circulation in the Village. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. Two of the objectives of this goal are to increase the intensity of development and to encourage mixed-use development projects in the Village. The proposed project will specifically accomplish both of these objectives. In addition, the proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Hispanic Mixed-Use Support District (Land Use District 5) by providing for an appropriate intensity of residential development and commercial development that is compatible with surrounding area. Staff sees the development of the subject property as an additional catalyst for further redevelopment along Roosevelt Street. Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is visually appealing. The architecture of the new structure meets the requirements of the design guidelines for the Village. The new structure is two stories, and is stepped back from the property lines, which is intended to respect adjacent and surrounding properties. Construction of the proposed project will reinforce the Village character with appropriate site planning and architectural design and materials that comply with City standards and requirements. In addition, the proposed project will establish a commercial use with scale and character that is appropriate for the neighborhood. CASA COBRA JUNE 26, 2006 PAGE 4 VI. CONSISTENCY WITH VILLAGE LAND USE PLAN The site of the proposed project is located within Land Use District 5 of the Village Redevelopment Area. All types of retail businesses are permitted within this land use district, with an emphasis on shops and commercial uses to meet the needs of the local neighborhood and City population. Mixed use projects are permitted within Land Use District 5 on a provisional basis because they include a multi-family component, which is a provisional use within District 5. Considerations that must be addressed are: 1) that the multi-family residential use is appropriate to the site and adjacent development, and 2) that the site is adequate in size and shape to accommodate required on-site parking without adversely affecting the visual environment of the Village. Staff concludes that the proposed project complies with both of these considerations. First, the multi-family use is consistent with the adjacent land uses which include primarily single-family residences to the south and east, a two-story multi-family building to the north, and a one-story commercial building to the west. Second, due to the high number of residential uses in the vicinity along Roosevelt Street and Pine Avenue, a residential product on the subject property is believed to be appropriate for the area. Finally, staff has determined that the site is adequate in size and shape to accommodate the required on-site parking for both the future residents and their visitors. In addition, mixed use projects within District 5 have a specific condition that all ground floor space be devoted to commercial uses. Staff concludes that the proposed project complies with this condition because the ground floor is dedicated to 1,500 square feet of leasable commercial space and related parking. No residential living space is provided on the ground floor. Location and development criteria that must be assessed for provisional multi-family projects within District 5 are that; 1) residential and parking uses should not displace desired retail uses or lessen active street frontage, 2) sites should accommodate parking requirements on-site or below grade, 3) residential units should not be placed in proximity to health hazards, 4) provision should be made to buffer train noise, and 5) multi-family housing located near the rail station should be constructed as part of a mixed-use development project. Staff concludes that the proposed project complies with the criteria for the following reasons. First, the proposed residential portion of the project will not displace desired retail space along the 3100 block of Roosevelt Street for a majority of the uses are currently residential and are compatible with the surrounding neighborhood. Second, 14 out of the 15 required parking spaces are provided on site and are contained entirely within the structure. All residential parking is provided on site. The applicant is requesting participation in the Parking-ln-Lieu fee program for the remaining retail parking space that cannot be accommodated on site. Thirdly, the adjacent land uses are residential and do not subject the future residents of the proposed project to any potential health problems. Fourthly, the proposed project is two blocks to the east of the train tracks, has buildings in between the proposed project, and the project includes double paned windows which all help to buffer noise from nearby passing trains. Lastly, the multi-family portion is part of the proposed mixed-use project. The overall vision for the development of District 5 (Hispanic Mixed Use Support Area) is to accommodate a mixture of commercial and residential uses relating to Land Use District 1, while also serving the special needs of the adjacent Barrio Neighborhood. The development standards promote individual buildings set back from the street and surrounded by landscaping. CASA COBRA JUNE 26, 2006 PAGES Staff believes that the proposed mixed-use project assists in satisfying the goals and objectives set forth for Land Use District 5 through the following actions: 1) the project provides a new mixed-use development that will improve the physical appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects such as ample building setbacks and an abundance of landscaping. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 5 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 5, the required front yard setback is 5-10 feet for commercial building frontage and 5-20 feet for residential building frontage. The required side yard setback is 5-10 feet, and the rear yard setback is 5-10 feet. All setbacks are measured from property lines. The front yard setback of the proposed building (residential and commercial) is 9 feet from the front property line. The street side yard setback is set at 5 feet and the north side yard setback is set at 5 feet. The rear of the building is located 10 feet from the rear property line. All of the setbacks fall within the standard range. 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. The findings required allowing a reduction in the setbacks for the front and sides at a level below the maximum and within the standard range are as follows. First, the proposed setbacks will not have an adverse impact on surrounding properties as the reduced setbacks will allow for the parking to be visually subordinated and contained entirely within the structure. Visual and noise impacts to adjacent residents will be reduced by allowing the parking to be contained within the structure and allowing the associated proposed setbacks. Furthermore, the reduced standard will help to break up the mass of the buNding allowing other portions of the building to be setback further providing greater building articulation. 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 existing structures with a visually appealing project that has scale and character that will improve the appearance and condition of the current Village housing stock helping to stimulate property improvements and further new development in the Village. The mixed-use component of the project will help to further establish Carlsbad Village as a quality shopping and living environment. Lastly, the reduced standard will assist in creating a project design that is interesting, visually appealing and reinforces the Village character of the area through setbacks that provide adequate space CASA COBRA JUNE 26, 2006 PAGE 6 for landscaping, decorative paving at the ground floor, and ample building recesses and relief along the various building planes. The 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 5. Building Coverage: The range of building footprint coverage permitted for all projects in Land Use District 5 is 60% to 80%. For the proposed project, the building coverage is 64.7% which is within the established range. The bottom of the range is considered the desired standard. However, an increase in the standard to the maximum, or anywhere within the range, may be allowed if the project warrants such an increase and the following findings are made by the Housing & Redevelopment Commission: 1. The increased standard will not have an adverse impact on surrounding properties. 2. The increased standard will assist in developing a project which meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is located. 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. The proposed building coverage is consistent with the building coverage for many of the properties within the Village. The project provides ample setbacks on the north side yard of 5' allowing for a building coverage of 64.7%, which will not negatively impact the adjacent residential use. First, the proposed building coverage will allow for the parking to be visually subordinated and contained entirely within the structure thereby reducing visual and noise impacts to adjacent properties. Second, the proposed building coverage standard provides for the intensification of development desired for the area and provides for a building with a strong street presence, which assists in creating a project design that is appealing and is consistent with the objectives for Land Use District 5. Third, the proposed building coverage will assist in creating a project design that is interesting and visually appealing and reinforces the Village character of the area through building coverage that provides adequate space for landscaped planter areas, decorative paving at the ground floor, a bench for seating at the southwest corner of the site, and allows building recesses and relief along the various building planes for architectural enhancement. Based on these findings, it is staff's position that the proposed building coverage is consistent with the desired standard. Building Height: The height limit for Land Use District 5 is 30 feet with a minimum 4:12 roof pitch. The project proposes a maximum roof height of 29 feet and a roof pitch of 4:12. Therefore, the building height is in compliance with the established standard set forth in the Village Master Plan. 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 (which supercedes all other regulatory documents), open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, and/or patios. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building, and balconies. The project provides for a total of 3,360 square feet of CASA COBRA JUNE 26, 2006 PAGE? open space, which represents 32% of the site and is consistent with the open space requirement. Parking: The parking requirement for the multi-family portion of the project is two standard spaces per unit and 1/2 guest parking space per unit. The parking requirement for the retail portion of the project is 1 parking space per 300 square feet of gross floor space. As a result, the parking requirement for the 4 proposed units and the 1,500 square foot commercial space is 15 parking spaces [(2.5x4)=10 + (1,500/300)=5 = 15]. The project provides 8 covered residential spaces, 2 covered guest parking spaces, and 4 retail spaces for a total of 14 parking spaces (1 less than required). The project applicant is requesting participation in the Parking-ln- Lieu Fee program for 1 space for a total fee of $11,240. The 14 parking spaces will not be visible from the public street as the spaces are contained entirely within the structure. With the proposed parking and participation in the Parking-ln-Lieu Fee program, the project satisfies the parking requirements. The fees collected from the Parking In-Lieu Fee Program are deposited into an earmarked, interest bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Redevelopment Area. For the purposes of determining participation in the program, the Village has been divided into two parking zones - Zone 1 and Zone 2. A property/business owner is eligible to participate in the in-lieu fee program according to the parking zone in which a given property is located and its proximity to an existing or future public parking lot. The subject property is located within Zone 2. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In- Lieu Fee payment for up to twenty-five percent (25%) of the on-site parking requirement for the commercial component of the proposed new development. The applicant is requesting participation in the Program for one (1) parking space or 20% of the total required parking for the commercial component of 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: CASA COBRA JUNE 26, 2006 PAGES 1. The project is consistent with the Carlsbad General Plan because it provides for a commercial 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 5 through the following actions: 1) the project provides permitted commercial (retail/office) uses 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 February of 2006, the average occupancy for all public parking lots is 82%. 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. 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 one (1) parking space. 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: The Village Master Plan and Design Manual does not set forth specific densities in the land use districts that permit residential uses. Instead, an appropriate General Plan residential density is to be determined for each project based upon compatibility findings with the surrounding area. Maximum project density may not exceed the Growth Management Control Point (GMCP) for the applicable density designation unless a density increase or bonus is granted in accordance with Chapters 21.53 and 21.86 of the Carlsbad Municipal Code. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad Municipal Code to exceed the GMCP. After considering the goals and objectives of the Village Redevelopment Area, the vision for Land Use District 5 and surrounding land uses, staff is recommending a High Density (RH) General Plan Designation for the subject property. Justification for the RH General Plan density designation is as follows: 1. The density is compatible with the surrounding area, which contains a variety of uses including multi-family residential, single-family residential, and commercial. Application of the RH General Plan designation on the subject property would allow for future high density residential mixed-use development, which is permitted in District 5, and would be compatible with the mixture of surrounding uses in terms of size, scale, and overall density. CASA COBRA JUNE 26,2006 PAGE 9 2. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The high density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master Plan. 3. The RH General Plan density designation serves to satisfy the objectives of Land Use District 5 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. The RH designation allows for a density range of 15 to 23 dwelling units per acre with a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The site area for the proposed project is .24 acres (10,502 square feet), which will accommodate 4.56 dwelling units per the GMCP. With 4 dwelling units proposed, the project results in a density of 16.66 dwelling units per acre, which is below the GMCP of the RH density range (15-23 dwelling units per acre). The proposed project density, which is below the GMCP, is consistent with Program 3.8 of the City's certified Housing Element because all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. Justification to allow a density that is below the GMCP has been incorporated into the attached DRB Resolution No. 308. Inclusionary Housing Requirements: All residential projects within the Village Redevelopment Area are subject to the City's Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In accordance with Redevelopment Law, 15% of the private housing units constructed within a redevelopment area must be affordable to low and moderate income persons, of which not less than 40% (or 6% of the total units) must be affordable to very low income households. Per City Ordinance, projects of six or fewer units are eligible to pay an in-lieu fee of $4,515 per market rate unit. By paying this fee at the time of building permit issuance, the project is providing its fair share of housing affordable to lower income households and, therefore, is consistent with the Inclusionary Housing Ordinance. The project has been conditioned to pay the in-lieu fee for the four (4) proposed residential units. The fee is paid at the time of building permit issuance. Planned Development: The Village Master Plan includes a specific condition for residential units proposed for separate ownership which states that all such units shall comply with the development standards and design criteria set forth by the Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code. However, the Planned Development Ordinance regulations do not apply to attached residential units proposed for inclusion as part of a commercial development project (i.e. mixed-use). Although not required to do so, the proposed project has met the requirements of the Planned Development Ordinance CASA COBRA JUNE 26, 2006 PAGE 10 in order to provide added project amenities as noted below. Recreational Space: The proposed units each contain a minimum of 120 square feet of total balcony area and/or roof deck/patio area. The total amount of private recreational space provided for the units is 531 square. Lighting: Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems will be provided. The applicant will submit a lighting plan, subject to the approval of the Housing & Redevelopment Director, prior to issuance of a building permit. This condition has been incorporated into attached DRB Resolution No. 308. Utilities: There shall be separate utility systems for each unit. This condition has been incorporated into attached DRB Resolution No. 308. Tenant Storage Space: Each unit has been designed to provide for a minimum of 480 cubic feet of storage space. Therefore, sufficient storage area has been designed into the units. Antennas: Individual antennas shall not be permitted. The project shall have a master cable television hookup. This condition has been incorporated into attached DRB Resolution No. 308. VIII. CONSISTENCY WITH DESIGN GUIDELINES All new projects within the Village Redevelopment Area must make a good faith effort to design a project that is consistent with a village scale and character. In accordance with the design review process set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual, the Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project provides for an overall informal character, yet maintains a pleasant architectural design. The project is consistent with the desired Village scale and character for a relatively dense urban neighborhood providing an appropriate density and intensity of development. The ground floor of the building has a strong relationship to the street in that it is physically located in close proximity to the public sidewalk along Roosevelt Street and Pine Avenue enhancing the pedestrian-orientation of the Village. Portions of the building are setback farther from the street in order to provide architectural relief along the various building planes. The building's CASA COBRA JUNE 26, 2006 PAGE 11 architecture incorporates many of the same architectural elements found in other Village mixed- use projects. The architectural design elements include the incorporation of various sized and shaped multi-paned windows with decorative trim, stone work, wrought iron balcony railings, terra cotta deck tiles, varied stucco colors, clay tile roofing with a 4:12 roof pitch, and subtle signage for the commercial space. The project provides landscaped planter areas amongst the decorative paving at the ground floor and provides a bench for public seating at the southwest corner of the site. Parking is visually subordinate contained entirely within the building itself. A summary of the design features related to the project is provided as an exhibit to this report (See Attached Exhibit B). IX. TRAFFIC. CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS The project, as conditioned, shall comply with the City's requirements for the following: Traffic & Circulation: Projected Average Daily Traffic (ADT): 92 ADT - based on 8 trips per unit X 4 (32) plus 40 trips/1 .OOOsq.ft. (60) if Specialty Commercial. Sewer: Sewer District: Carlsbad Municipal Water District Sewer EDU's Required: Est. 5 EDU's required actual EDU calc's will be incorporated with the building plan review for this project. Credit may be allowed for existing units, depending on actual services and connection fees paid. (1) edu/dwelling x 4 dwellings + 1 EDU/1800sq. Ft. commercial / retail / office = 5 EDU's Comment: Project is located within City of Carlsbad Sewer Service Area. Water: Water District: Carlsbad Municipal Water District GPD Required: 220 gpd/edu x 5 edu's = 300 GPD Comment: Water facilities exist in Roosevelt Street. Grading: Quantities: Cut: 10 cy Fill: 10 cy Export: 0 cy Permit required: No Off-site approval required: No export of soil identified. Comment: There are no major grading issues associated with this project. CASA COBRA JUNE 26, 2006 PAGE 12 Drainage and Erosion Control: Drainage basin: A Erosion Potential: Low Comment: The design has proposed drainage to the public street. Land Title: Conflicts with existing easement: None Easements dedication required: None Site boundary coincides with land title: Yes Comment: No land title issues are associated with this project. Improvements: Off-site improvements: None Standard variance required: None Comment: No major improvement issues are associated with this proposed project. Storm Water Quality: The applicant is required to implement Best Management Practices (BMP) measures, to the maximum extent practical, to ensure that no additional pollutants-of-concern are contributed downstream of the project. The applicant has prepared a Preliminary Storm Water Management Plan that lists BMPs including site design, covered parking, stenciling of catch basins, and catch basin filters. X. ENVIRONMENTAL REVIEW .Housing & Redevelopment Department Staff 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 Planning Director has found the project 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. 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 CASA COBRA JUNE 26, 2006 PAGE 13 catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. XII. STAFF RECOMMENDATION Staff is recommending approval of the project. The project will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan and Design Manual. ATTACHMENTS: A. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines. B. Design Review Board Resolution No. 308 recommending approval of RP 05-09. C. Location Map. D. Map of Public Parking Resources E. Exhibits "A-G", dated June 26, 2006, including reduced exhibits. VILLAGE MASTER PLAN DESIGN GUIDELINES CHECKLIST Provide variety of setbacks along any single commercial block front. Provide benches and low walls along public pedestrian frontages. Maintain retail continuity along pedestrian-oriented frontages. Avoid drive-through service uses. Minimize privacy loss for adjacent residential uses. Encourage off-street courtyards accessible from major 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 I 'J35* -*f-^ ~r ^pj»«-j,r f "f^f^ffff" ~ '^jfef* J«S,' "S&y*¥P"t¥# ' ' "' ' Provide landscaping within surface parking lots Provide access to parking areas from alleys wherever possible. Locate parking at the rear of lots. Devote all parking lot areas not specifically required for parking spaces or circulation to landscaping. Avoid parking in front setback areas. Avoid curb cuts along major pedestrian areas. Avoid parking in block corner locations. Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. Project: Casa Cobra A variety of setbacks are provided along Roosevelt Street and Pine Avenue. The adjacent residential and surrounding commercial properties also provide for varying setbacks along all streets. A bench is provided at the southwest portion of the project along Roosevelt Street. Commercial space is provided along Roosevelt Street, which serves to maintain the retail continuity along this pedestrian-oriented frontage. The project does not include a drive-thru. Adequate setbacks are provided along the side of the property to minimize privacy loss for adjacent residential uses. The proposed project provides for an entry courtyard for pedestrian use. Landscaped areas along the front, sides, and rear of the building will provide for an informal setting. Landscaping will be provided along the sides of the building and the rear. Parking is contained entirely within the structure and will not be visible from the street. Parking will be accessed off of an alley from Pine Avenue. Parking is located within the building and accessed from the rear. Parking lot areas are not part of proposal. All areas not required for circulation or parking is devoted for landscaping. No parking is provided in the front setback area. There will not be any curb cuts. No parking provided in block corner. Appropriate setbacks and landscaping are provided adjacent to pedestrian areas. Avoid buildings which devote significant portions of their ground floor space to parking uses. Place parking for commercial or larger residential projects below grade wherever feasible. Enhance parking lot surfaces to divide parking lot paving into smaller segments. 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. Emphasize the use of gable roofs with slopes of 7 in 12 or greater. Encourage the use of dormers in gable roofs. Emphasize wood and composition shingle roofs, with the exception that in the Land Use District 6 metal roofs are acceptable. Avoid Flat Roofs Screen mechanical equipment from public view. The parking is fully integrated into the building design and plays a more subordinate role by being fully screened from the street. The building front is primarily dedicated to a desired retail use. Parking is not visually significant. Underground parking is economically unfeasible. Not applicable. The building has been designed specifically for the unique layout of the property and topography. The building design provides for articulation on all sides, varying setbacks, and other architectural features, which provide for a unique character. Upper levels of the building are stepped back along the street. Architectural features and relief appears to step the upper level of the building back along the rear and side of the property. The size of the lot does not warrant breaking the building up into smaller units. However, varying roof peaks, building lines, and various architectural features serve to break up the mass of the building. The height of the new structure is consistent with the height limit for residential and commercial buildings in Land Use District 5. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The building is not trendy or "look at me" in design. The project is providing a 4:12 roof pitch. The project design does not lend itself to the use of dormers. The project provides a clay-tile roof, which is consistent with the architectural design intended for the project as well as other projects in the area. The building does not incorporate flat roofs. This will be a requirement of the project. Avoid mansard roof forms. Emphasize an informal architectural character. Building facades should be visually friendly. Design visual interest into all sides of buildings. Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. Give special attention to upper levels of commercial structures. Provide special treatment to entries for upper level uses. Utilize applied surface ornamentation and other detail elements for visual interest and scale. Respect the materials and character of adjacent development. 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. The project does not utilize mansard roof forms. By providing for attractive facades and landscaping, the project is very visually appealing. Visual interest is added to the building through various architectural features. The design of the building incorporates design elements into all four building facades, thereby creating visual interest in the building. The project makes good use of various sized windows with decorative trim, attractive stucco siding, stone work, and other decorative features. Multi-paned windows with decorative trim are used in the project. The building design provides for recesses and projections on the various levels of the building, which will create shadows and contrast. The upper level of the commercial structure has decorative stone work, canvas awnings, and the residences are setback from the commercial space at the upper level in order to accentuate the commercial part of the project. The second floor of the residence will be accessed through an internal stairway. No external entrances are proposed. Detail elements have been incorporated into the building, which include; decorative trim around the windows, stone work, and attractive stucco siding. The materials and colors proposed for the building will not conflict with adjacent developments. The exterior walls utilize a textured stucco finish of neutral color and an attractive stucco siding. None of the noted materials have been indicated for use. The windows are clear glass. Wood or vinyl coated doors and window frames will be utilized. The awnings being used will be made of canvas. Utilize light and neutral base colors. Limit the materials and color palette on any single building (3 or less surface colors) •' "'4&$j$&$t Provide significant storefront glazing. Avoid large blank walls. Encourage large window openings for restaurants. Encourage the use of fabric awnings over storefront windows and entries. Emphasize display windows with special lighting. Encourage the use of dutch doors. Utilize small paned windows. Develop a total design concept. Provide frequent entries. Limit the extent of entry openings to 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. Encourage front entry gardens Locate residential units near front property lines and orient entries to the street. Provide front entry porches. The project utilizes a light and neutral color scheme. The project incorporates four different stucco colors. Retail storefront glazing is extensive. Large blank walls are not proposed. Not applicable. Canvas awnings are proposed. Special lighting is proposed in retail display windows. Project design does not lend itself to the use of dutch doors. Small paned windows are utilized. Design of residential and commercial components of the mixed-use project are harmonious. Frequent entries are proposed. The extent of entry openings is limited. These features are not proposed. Storefront entries are emphasized. Fences and walls are integrated into the overall project design. Landscaping is proposed along the street frontage to contribute to the overall visual quality of the neighborhood. Decorative paving is also provided along Roosevelt Street and Pine Avenue. Room is available on the balconies for residents to incorporate flower boxes and landscape planters on the upper levels. Due to the mixed-use nature of the project, the commercial space and balconies for the residential units are oriented towards the street. The project design does not lend itself to front entry porches. The commercial space, however, is oriented to invite pedestrians into the area. 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. Windows look out to the street. The project utilizes a simple color scheme Decorative stone work, wrought iron grills, recessed windows, and detailing around the windows have been incorporated. The mixed-use nature of the project does not lend itself to a cottage form and scale. However, the project is consistent with a Village character. Open space areas and landscaping encompass 32% of the property. Access will be provided off of an alleyway. Garages are not proposed. Not applicable. Stucco finished block walls will be used along the north side yard and rear yard. The design of the project serves to visually separate the building into two smaller elements. Ui 1 DESIGN REVIEW BOARD RESOLUTION NO. 308 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 05-09 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT 5 CONSISTING OF FOUR (4) APARTMENT UNITS AND 1,500 SQUARE FEET OF COMERCIAL (RETAIL/OFFICE) SPACE ON THE PROPERTY 6 LOCATED AT 3190 ROOSEVELT STREET IN LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASA COBRA 8 APN: 204-084-09 9 CASE NO: RP 05-09 10 WHEREAS, Donald Grover, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Darren M. 13 Hamilton, Chris J. Hamilton, & Judith W. Hamilton, "Owner", described as Assessor Parcel Number 204-084-09, and more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-G" dated June 26, 2006, on file in the Housing and Redevelopment 17 10 Department, "Casa Cobra RP 05-09", as provided by Chapter 21.35.080 of the Carlsbad1 o 19 Municipal Code; and 20 WHEREAS, the Design Review Board did on the 26th day of June, 2006, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to24 25 "Casa Cobra RP 05-09." 26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 27 follows: 28 A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Casa Cobra RP 05-09, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:4 r 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, 6 and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein with the findings 10 contained herein to grant participation in the Parking In-Lieu Fee Program and the establishment of the RH density designation for the project, is in conformance with the Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated June 26, 2006 including, but not limited to the following: 13 a. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a multi-family residential use and commercial use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential 16 neighborhood and encourages greater residential support opportunities in the Village. By providing more residential and commercial (retail/office) opportunities, the project helps to create a lively, interesting social environment be encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The 19 project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. 20 Furthermore, the project will provide a strong street presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets and fully enclosed parking. Overall, the new residential units will 22 enhance the Village as a place for living and working. 23 b. The project is consistent with the Village Redevelopment Master Plan and Design manual in that the proposed project assists in satisfying the goals and 24 objectives set forth for Land Use District 5 through the following actions: 1) it establishes the Village as a quality shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the 25 type of housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area 27 by providing residential units in close proximity to both bus and rail mass transit 3) it stimulates property improvements and new development in the Village by providing for an appropriate intensity of residential development and DRB RESO NO. 308 -2- -!-• commercial (retail/office) development that may serve as a catalyst for future 2 redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing older structures with an aesthetically pleasing building with 3 attractive landscaping. c. The project as designed is consistent with the development standards for Land c Use District 5, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 6 d. The existing streets can accommodate the estimated ADTs and all required 7 public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public 9 facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best 10 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. j2 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 13 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 14 f. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate I £ fire protection and other safety standards. 17 g. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment 1° Agency's Inclusionary Housing Requirement, as the Developer has been 19 conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) units. 20 3. The Design Review Board hereby finds that the appropriate residential density for the project 21 is RH (15-23 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density designation is as follows: 23 a. The density is compatible with the surrounding area, which contains a variety of 24 uses including multi-family residential, single-family residential, retail, and commercial. Application of the RH General Plan designation on the subject 25 property would allow for future high density residential mixed-use development, which is permitted in District 5, and would be compatible with the mixture of surrounding uses. 27 b. The RH General Plan density designation serves to satisfy the goals of the 28 Village Redevelopment Master Plan by increasing the number, quality, diversity, DRB RESO NO. 308 -3- '-U and affordability of housing units within this area of the Village. The high 2 density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment 3 Master Plan. 4 c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 5 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). 5 High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve 7 regional issues such as reduced traffic congestion and improved air quality. o0 4. The Design Review Board finds that the RH residential density is in conformance with the o Elements of the City's General Plan based on the facts set forth in the staff report dated June 26, 2006, including but not limited to the following: 10 a. Land Use - The project is consistent with the City's General Plan since the proposed 11 density of 16.66 du/ac is within the density range of 15-23 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 16.66 du/ac is below the Growth Management Control Point density (19 13 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified 14 Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These l£ excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties 17 identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. 18 b. Circulation - The project will take access off of Pine Avenue and is conditioned to provide all necessary street improvements. On-site circulation consists of a private 20 driveway which provides access to an at grade parking garage designed in accordance with City standards. 21 c. Noise - The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Eilar Associates 23 d. Housing - The project is consistent with the Housing Element of the General Plan 24 and the Inclusionary Housing Ordinance as the as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) units. 25 -, 5. 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. 27 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; 28 water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; DRB RESO NO. 308 -4- : ' government administrative facilities; and open space, related to the project will be installed 2 to serve new development prior to or concurrent with need. Specifically, 3 a. The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service 4 is available, and building cannot occur within the project unless sewer service c 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 6 apply to sewer service for this project. 7 b. All necessary public improvements have been provided or are required as conditions of approval.o 9 c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation to provide school 10 facilities. d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 12 will be collected prior to the issuance of building permit. 13 e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 14 6. The project is consistent with the City's Landscape Manual. 16 7. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to 17 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.18 . Q 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking 20 requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: 21 a. The project is consistent with the Carlsbad General Plan because it provides for a commercial (retail/office) use in an appropriate location within the Village. 23 The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale 24 through adherence to the land use regulations and design guidelines set forth for the area.25 26 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 27 for Land Use District 5 through the following actions: 1) the project provides permitted commercial (retail/office) space in a new structure; 2) the building is 28 designed in a manner that compliments nearby residential uses by incorporating DRB RESO NO. 308 -5- many of a same architectural elements found in residential projects; and 3) the 2 project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 3 c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated in February of 5 2006, the average occupancy for all public parking lots is 82%. This utilization ratio allows for continued implementation of the parking in-lieu fee program 6 because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 7 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. 9 GENERAL CONDITIONS: 10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 12 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 13 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented 14 and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued 16 under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 17 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 18 Permit. 19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 20 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. 21 Development shall occur substantially as shown on the approved Exhibits. Any proposed 22 development different from this approval, shall require an amendment to this approval. 23 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 24 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 26 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 27 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. DRB RESO NO. 308 -6- -" 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 2 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all 3 liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been „ concluded and continues even if the Agency's approval is not validated.o 9 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 10 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 12 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 13 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 I <- provide school facilities. 16 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. 18 10. Approval is granted for Major Redevelopment Permit RP 05-09 as shown on Exhibits 19 "A-G", dated June 26, 2006, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown 20 unless otherwise noted in these conditions. 11. This approval shall become null and void if building permits are not issued for this 22 project within 24 months from the date of project approval. 23 12. Building permits will not be issued for the project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of ~- the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be 26 placed on the Final Map. 27 28 DRB RESO NO. 308 -7- -3 1 HOUSING CONDITIONS: 2 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 3 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the c time, as established by City Council Resolution from time to time. 6 LANDSCAPE CONDITIONS; 14. The Developer shall submit and obtain Housing & Redevelopment Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and 9 install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 10 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 13 16. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 14 MISCELLANEOUS CONDITIONS: 17. 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 17 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 1 „ 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. 20 18. Prior to occupancy of the first dwelling unit the Developer shall provide all required 21 passive and active recreational areas per the approved plans, including landscaping and recreational facilities.22 23 NOTICING CONDITIONS: 24 19. 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. 308 on the real property owned by the Developer. Said Notice 27 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 DRB RESO NO. 308 -8- - '' Director has the authority to execute and record an amendment to the notice which 2 modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 3 ON-SITE CONDITIONS:4 ;- 20. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad 6 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 0 Director.o 9 21. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and 10 the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 12 22. 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 13 downward and avoid any impacts on adjacent homes or property. 23. 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 16 Directors of Community Development and Housing and Redevelopment. 24. 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 one (1) parking space. The fee shall be the sum total of the fee per parking space in ] 9 effect at the time of the building permit issuance times the number of parking spaces needed to satisfy a portion of the commercial (retail/office) component of the 20 project's parking requirement (1 space total). 25. The project shall have a master cable television hookup. Individual antennas shall 22 not be permitted. 23 26. There shall be separate utility systems for each unit. 24 27. Building materials identified in acoustical study prepared by Eilar Associates shall be used in the building construction in order to reduce noise levels to an acceptable level. 26 28. Solid masonry walls shall be installed along all common lot lines that adjoin an 27 existing residential use. 28 STANDARD CODE REMINDERS; DRB RESO NO. 308 -9- 1 2 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 3 Fees 4 29. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. x- 30. 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 7 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 8 General 10 31. 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 11 building permit issuance, except as otherwise specifically provided herein. 19 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 13 Code Section 18.04.320. 14 33. 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 15 Redevelopment Master Plan and Design Manual and shall require review and approval 1 , of the Housing & Redevelopment Director prior to installation of such signs. 17 ENGINEERING CONDITIONS; 18 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must 19 be met prior to approval of a building or grading permit whichever -„ occurs first. 21 General 22 36. 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. 24 37. A right of way permit will be required for sidewalk reconstruction / repair and utility 25 services and under grounding or removal of utility poles. 26 38. 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. 28 DRB RESO NO. 308 -10- 39. Prior to the issuance of a building permit, Developer shall submit to the City Engineer 2 proof that the existing lots within this project have been consolidated or merged in accordance with the Carlsbad Municipal Code. 3 Fees/Agreements 4 40. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 7 41. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. 10 Grading 11 42. 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 13 43. Based upon a review of the proposed grading and the grading quantities shown on the 14 Site Plan and preliminary grading plan, a grading permit for this project is not required.15 44. 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 17 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, 1Q final map, improvement or grading plans, whichever occurs first. 20 45. 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 21 with any grading or building permit. 22 46. Developer shall comply with the City's requirements of the National Pollutant Discharge 23 Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the 24 "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: 27 A. All owners and tenants shall coordinate efforts to establish or work with 28 established disposal programs to remove and properly dispose of toxic and DRB RESO NO. 308 -11- hazardous waste products. 2 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 3 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 6 containers. 7 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. o o 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Manangement Plan 10 (SWMP)". The SWMP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the maximum extent practicable, storm water pollutant runoff at both construction and post-construction stages of the project. 13 The SWMP shall: 14 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 17 procedures for handling clean up and disposal of pollutants. d) Ensure long-term maintenance of all post construct BMPs in perpetuity. 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 308 -12- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as . "fees/exactions." 5 You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or o annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this - - project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of 14 the City of Carlsbad, California, held on the 26th day of June, 2006 by the following vote to wit: 15 AYES: 16 NOES: 17 ABSENT: 18 ABSTAIN: 19 20 ii COURTNEY HEINEMAN, CHAIRPERSON 21 DESIGN REVIEW BOARD 22 ATTEST: 23 " 24 25 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR 26 " 27 28 DRB RESO NO. 308 -13- ATTACHMENT"A" LEGAL DESCRIPTION APN 204-084-09 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 1, 2 and 3 in Block 40 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Maps thereof Nos. 535 and 775, filed in the office of the County Recorder of San Diego County, May 2, 1888 and February 1, 1894, respectively. SITE CASA COBRA RP 05-09 vo I 1 I 3 O 03 =8 3<5 en a t/3 •T) <t! a- C/3 Ia (A 0)u 03 & 1/3 en<Uaaa Cfl enOUosatn CO acw ON en t/l o 1CUI/) O ffl ^ viwKwnvo 'cvesnavo «.«»•«> lu.KSSSS vaeoovsvo 'cvesnavo t? ]t I1 vneoovsvo S 11 E I t HI I- = u 8 e 3 I i i I! > 'avesnuvo BNId QNV J/13A3SOOM VHSOO VSVO ter VH8OO VSVO EXHIBIT 5 DRAFT DESIGN REVIEW BOARD MINUTES DATED JUNE 26, 2006 DRAFT Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: JUNE 26, 2006 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Heineman called the Meeting to order at 6:04 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: Tony Lawson Michael Schumacher Chairperson: Courtney Heineman Absent: Julie Baker Sarah Marquez Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Deputy City Engineer: Bob Wojcik Assistant City Attorney: Jane Mobaldi APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the February 27, 2006 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 said the first item is a project known as Casa Cobra, which is a request for a Major Redevelopment Permit for a Mixed Use Project. Cliff Jones, our Assistant Planner, will make the presentation assisted by Bob Wojcik, our Deputy City Engineer. Mr. Cliff Jones, Assistant Planner, said the applicant, Don Grover, is requesting a Major Redevelopment Permit for the construction of a 7,524 square foot mixed use project consisting of four apartment units and 1500 square feet of commercial space on the property located at 3190 Roosevelt Street in Land Use District 5 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 redevelopment permit procedures, the permit is being brought forward for recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The subject property is located on the east side of Roosevelt Street in between Oak Avenue and Pine Avenue at the intersection of Roosevelt Street and Pine Avenue. The subject property totals 10,502 square feet and currently contains two one-story residential units, which are proposed to be demolished in order to accommodate the new building. The proposed project is bordered by a two-story apartment DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 2 of 14 building to the north, to the west across the street is a one-story commercial building, to the south is a vacant piece of property, a single family residence exists on the property across the alley to the east, and construction recently began on a four-unit condominium project to the southwest. The proposed development is for a two-story mixed-use project consisting of four apartment units and 1,500 square feet of commercial space. The exterior of the commercial space incorporates decorative rock work, lighting, concrete columns and awnings which provide an attractive retail facade in order to enhance the shopping experience in the village. The upper levels of the four units above incorporate decorative materials such as rock work, decorative awnings, various sized and shaped multi-paned windows, and wrought iron balcony railings. The four residential units proposed vary in size from 1,271 square feet to 1,730 square feet, and each unit has a minimum of two bedrooms and two bathrooms. Each residential unit is equipped with second story decks, and grassy areas are provided along the ground floor for recreational purposes. Vehicle access to the site is provided off Pine Avenue through the Roosevelt Street alley and parking for the project is obscured from public view contained entirely within the structure itself. The Village Master Plan and Design Manual includes the regulations governing development within the village. The proposed project is within Land Use District 5 of the Village Redevelopment Area. Many types of commercial uses are permitted within this Land Use District; however, shops that meet the needs of the neighborhood and city population are emphasized. Mixed-use projects are permitted within Land Use District 5 on a provisional basis because they include a multi-family component, which is a provisional use within District 5. Considerations that must be addressed are: 1. The multi-family residential use is appropriate to the site and the adjacent development; and 2. The site is adequate in size and shape to accommodate the on-site parking without adversely affecting the visual environment of the Village. Staff concludes that the proposed project complies with both of these considerations. First, the multi- family use is consistent with many of the surrounding adjacent residential uses along Roosevelt Street. Second, the site is adequate in shape and size for the proposed mixed-use project and has parking that is visually subordinate contained within the structure and will therefore not affect the visual environment of the village. In addition, the Village Master Plan stipulates that the ground floor of all approved mixed-use projects shall be devoted to visitor serving commercial uses. Since retail space is proposed along Roosevelt Street close to the shoppers along Roosevelt Street, staff concludes that the project complies with this requirement. Staff believes the proposed project assists in satisfying the goals and objectives set forth for Land Use District 5 through the following actions: • The project provides for a desirable use; • The project may serve as a catalyst for future development or redevelopment; • The project provides for the development of an underutilized lot; • The project can attract additional visitor serving commercial uses; • The project increases pedestrian circulation within the village due to the additional residences being provided; • The project is compatible with the surrounding area, which includes commercial and residential uses; and • The project increases the number of quality and diversity of housing types within the village. The project meets the required development standards within the Village Master Plan. The project provides for adequate open space and landscaping for a total of 32%; and appropriate building coverage is provided as well for a total of 64.7%. The building height of the project is in compliance with the established standard set just below the permitted maximum height at 29 feet, and adequate residential parking is provided for the residential units through the use of eight covered residential spaces and two covered guest parking spaces for a total of ten residential parking spaces as required. The required amount of parking for the commercial space of the project equates to five spaces. The applicant is DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 3 of 14 requesting and qualifies for participation in the Parking In-Lieu Fee Program for one of the five spaces. The other four are provided on site. The project meets the commercial 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 for one space. The required justification for participation in the Parking In- Lieu Fee Program is contained within the Design Review Board Resolution which is attached to the Design Review Board Staff Report. The proposed setbacks are consistent with the setback requirements for Land Use District 5. In Land Use District 5 the required front yard setback is 5 to 10 feet for commercial building frontage and 5 to 20 feet for residential building frontage. The required side yard setbacks are 5 to 10 feet and the rear yard setback requirement is 5 to 10 feet. The proposed project falls within the required setback ranges. The front yard setback is set at 9 feet providing ample setback for landscape, decorative paving, and a bench, which will help to provide an attractive frontage along Roosevelt Street. The north side yard setback is set 5 feet from the property line. The south side yard setback is set 5 feet from the property line, and the rear of the building is located 10 feet from the rear property line. The proposed project is also consistent with the design principles outlined within the Village Design Manual. The project incorporates several design elements to achieve the desired village character including: Multi-paned windows of various sizes with decorative trim; Clay tiled roofing with a four and twelve roof pitch; Wrought iron balcony railings are provided on the upper levels; Varied stucco colors and recesses are provided; Canvas awnings are provided along the lower and the upper levels; Decorative stone work is provided on both levels; Decorative lighting is provided; A bench is provided at the retail entrance; and Private balconies accented with terracotta deck tile is provided on upper levels for the residents for recreational purposes. The project also provides for an abundance of open space and landscaping along all sides of the building. As part of the project design, parking is visually subordinate contained entirely within the structure. The Housing and Redevelopment Department has conducted an Environmental Review of the project pursuant to 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 the Environmental Review pursuant to Section 15332 of 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 previously an under-utilized lot will result in increased property taxes, and this increase in property tax will further result in an increase tax 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 elimination of blighted structures and construction of a quality mixed-use project. In conclusion, staff is recommending approval of the project. Development of the site is anticipated to have a positive financial 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 Schumacher said he drove by the site today and he noticed there are electrical lines, high wires there. Are they going to be underground or are they going to stay where they are? Bob Wojcik, Deputy City Engineer, said there is not a condition to underground those typically because they are short spans like that. It is cost prohibitive to do just small frontages. We like to save that DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 4 of 14 requirement for something that has larger street frontages. Also, even though it illuminates one or two power poles, the nearest power pole to the project is still up and the under grounding runs down from there. So you are not eliminating that much of the overhead. The city does have a priority list for under grounding overhead utilities and we like to do them in larger sections. Ms. Fountain said she believes Roosevelt is already being under grounded right now. They have already done some of the lateral work. I just don't think the other has been done yet, but it is in the process. Board Member Lawson said the city currently has Neighborhood Improvement Agreements where anyone who applies to do improvements to their property is subject to having to sign an agreement they will contribute their share of those types of improvements. Why would a property like this be exempt from a fair share in that cost instead of it being taken care of by the entire city? Mr. Wojcik said normally what we look for in the NIA's are surface improvements, curb gutters, sidewalks, that type of thing. Many, many years ago we did have a separate underground utility agreement. The City Council decided to do away with that. In a case like this where that is really what you would be looking at with some type of future improvement agreement that was done away with by City Council. Board Member Lawson had a question about the use of the alleys. Are these public alleys? And if so, is the maintenance a city obligation? Mr. Wojcik said yes. Board Member Lawson said in Mr. Jones' introduction he made reference to lawn areas for recreation uses. However, based on the plans, the little bit of lawn area that I see with the exception of that right in front of the commercial area seems to be dedicated for purposes of BMP storm water use in filtering out. The landscape plans only have that as a narrow strip. Is there another area that I am not seeing or is that a misleading explanation to call it recreational use. Mr. Jones said it can be interpreted as misleading, but it was not intended to be a misleading statement. As you did mention, there is a recreational area in front of the commercial space and a lot of the grass areas that is provided to the south is within the city right-of-way. Residents can use that area for recreating. Board Member Lawson commented it is more aesthetic then anything else. I would rather call it what it is and not necessarily be encouraging people to send their kids out there with play equipment or something. Chairperson Heineman said since this is built from the ground up condominium, I am curious about the range of sizes which don't seem to go with the idea. Mr. Jones said for this project it is an apartment project. Chairperson Heineman said he meant the apartment project. Mr. Jones said part of the conflict the architect ran into was exiting areas and pathways of travel. So that is why some of the units are a variety of sizes. I am not sure if the owners, the Hamilton's, intend to occupy one or two of those units. I am sure the architect could respond as to why the variation in the size of the units. Board Member Schumacher asked about the commercial space. Is there a formula that the city uses on how much square footage is required to fill that? Mr. Jones answered there isn't a formula that is required. Most of the time in order to meet the parking requirements for the size of the commercial space, it is whatever they can fit on to the site. We try to encourage as much commercial space as possible. At this location, due to its proximity to adjacent DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 5 of 14 commercial uses, staff felt comfortable with the size of the commercial space that was being proposed here. Don Grover, the architect on the project, resides at 2187 Newcastle Avenue, Suite 100, Cardiff by the Sea. We have been working on this project for about a year and a half. A lot of this was predicated by mixing everything together. A lot of it was getting the parking required on site and out of sight. The second part was working with the commercial orientation with that parking, and the sizes range from just over 1,200 square feet to 1,700 square feet. It gives a good mixture of sizes and functionality. The smallest is two bedrooms, but most of them are two or three bedroom and are of decent size. The variation, the smallest one being slightly over 1,200 square feet, is really the corner unit on the corner of Pine and Roosevelt. That was forced in because of downstairs parking related to the commercial. We were very excited with the variation and the elevations and the function. The units are nice. I think this will be a good segue into the redevelopment of the downtown district from Roosevelt south and east. Chairperson Heineman said the reason for his question was simply that when you are starting from scratch and doing apartments, why would there be such a variation. I think you have answered it. Board Member Lawson said one of the interesting challenges that I see when we have these mixed-use projects is to be able to draw a good, clean differentiation for those uses. I like the way you had separated the entrances for the commercial being off of one street and around the corner is the residential. From a standpoint of helping to make that a strong use or a differentiation so you don't have people going to the wrong place, what other elements would you say you have incorporated into this that could support that? Mr. Grover said the only part mixed with the commercial to the residential is the wood door to the left. It is an entrance to the unit up above for the residential. If you look in the middle, there is a grey area there and then to the right where the stone is, I am trying to get flexibility to the commercial not knowing whether we will have one or two or three tenants in the commercial. On the southern side, facing Pine, there is potential for entrances off of there too. It is a functionality of trying to mix both the residential and commercial but giving it its own identity. Where we did make some of the changes was materials used, but also on the ground, the commercial part, we are using acid washed colored concrete. For the residential we are coming in with a flagstone entranceway; little things like this start to make a variation to the commercial use. In reality, signage will also take a part in identifying the commercial to the residential. Board Member Lawson asked if there has been any speculation on the type of commercial uses that would be operated on the ground floor. Mr. Grover answered not at this time. It will be probably like an insurance agent or accountant. In that area there are those types of uses there. Darrin Hamilton lives at 3190 Roosevelt Street. I am the reason this project is called Casa Cobra. At the time we purchased the property, I was an active duty marine corps, I was a cobra pilot. You were asking the question about the door. If you look at the wood door, I want that to be my commute right there, because I am wasting away on interstate 5. I want to live where I work. From the outset of this project, it has been family oriented. I purchased the property and then my parents financed me to put this together. I am originally from Solana Beach. The whole concept behind this development has been quality. We went into this with the mindset that I am going to live and work in this building, and I don't want to have something that is a blemish upon the neighborhood or something that will negatively affect the way my family and what I do here is perceived. We didn't realize when we bought this property that we had gotten into the redevelopment district. Board Member Schumacher said all the questions he had about the project have already been answered. I think it is a great project. I think it is interesting there is already a project going on kitty corner to this project. It will be a nice addition. DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 6 of 14 Board Member Lawson said all of his questions have been properly addressed. I support it. I think they have done a very nice job. There really appears to be some nice architectural detailing and consideration into this I hope we see in all projects coming before us. I can support it as it is. Chairperson Heineman said he agrees with both Board Members. Board Member Lawson moved the Design Review Board adopt Design Review Board Resolution 308 recommending approval of RP 05-09 based on the findings and subject to the conditions contained therein. Board Member Schumacher seconded the motion. VOTE: 3-0-0 AYES: Heineman, Lawson, and Schumacher NOES: None ABSTAIN: None ABSENT: Baker and Marquez Mr. Cliff Jones said the next item is an application for a Major Redevelopment Permit for the Stefe Street flixed-Use Project. The applicant, Karnack Planning Design, has requested a Major Redevelopment Petrnit for the construction of a 14,941 square foot mixed use project consisting of six cojroominium units and\.875 square feet of commercial space on the property located at 3044 StateJSf/eet in Land Use Districts! of the Carlsbad Village Redevelopment Area. The proposed project requires a Major Redevelopment Permit because it involves new construction of a building that rh^s a building permit valuation that is greater then $150,000./The project also requires the approval of a tentative tract map because it involves separate ownership of the residential units. In addition, the projecNs required to process a Coastal Development Permit because it is located within the Coastal Zone. In accordance with redevelopment permit procedure^; the three permits are being brought forward before the Design Review Board and for final approval by the Housing and Redevelopment Commission. The subject phqcerty is located on the east side 0T State Street in between Carlsbad Village Drive and Oak Avenue. The sbbiect property totals 12,19£Lgquare feet and currently contains residential cottages, which are proposed to bVdemolished in order to/accommodate the new building. The project is bordered by a one-story areLtwo-storyCommercial buildings to the north. To the west of the proposed project is a public parking lot. Tothe soj/fn are commercial businesses, and to the east an auto repair shop exists. The application is for a tra<e-story, mixed-use project. As I mentioned previously, there are six condominium units and 1,875 sg<iaresfeet of commercial retail space. The commercial retail space is set close to the street as can be^een on tnfesslide above in order to encourage retail activities near the street. The exterior of the recall portion incorporates many decorative elements such as rock work, lighting and awnings in order tognhance the retail shoppkw experience within the Village. The six condominium units varv>n size; from 1,922 square feet to 2/387 square feet. Each unit has three bedrooms and a minimum of/two bathrooms. Each unit is equipped with a private second story or third story deck and a common second story recreational deck is provided for tne\n3sidents, which incorporates tables, chairs and a cornfrfon barbeque. Vehicular access tpahe two-car residential garages is provided off State Street thrbugh the Oak Avenue alley. The Village Master Plan Design Manual includes the regulations governing development within the Village. The proposed project is within Land Use District 1 of the Carlsbad Village Redevelopment Area. Mixed-use jrfrojects are classified as permitted uses within Land Use District 1. Permitted uses are defined asthose which are permitted by right because they are considered to be consistent with, the vision and goals established for the district. The Village Master Plan stipulates, however, that the ground floor of all rmxed-use projects shall be devoted to visitor-serving commercial uses. Since retail space is proposed along State Street close to the travelers and tourists frequent in the area, staff concludes that the projsct 'II EXHIBIT 6 PARKING IN-LIEU FEE AGREEMENT RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT .. THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this / 7^ day of /Lutu^jf 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and Darren M. Hamilton, Chris J. Hamilton, and Judith W. Hamilton, property owners, (hereinafter referred to as the "Program Participants"), is made with reference to the following: RECITALS A. Program Participants are the owners of certain real property located at 3190 Roosevelt Street (APN: 204-084-09) in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Major Redevelopment Permit (RP 05-09), which provides conditional approval of a mixed- use development project consisting of four (4) apartment units and 1,500 square feet of commercial (retail/office) space ("Project") on the subject property. B. Condition No. 24 of approved Design Review Board Resolution No. 308 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participants prior to the issuance of a building permit for the subject Project. Design Review Board Resolution No. 308 provides that the Program Participants pay a Parking In-Lieu Fee for a total of one (1) parking space which in effect purchases parking credits from the Carlsbad Redevelopment Agency. The Program Participants shall pay the approved Parking In-Lieu Fee (per parking space) in effect at the time of building permit issuance to satisfy a portion of the parking requirement for the subject Project according to the requirements set forth in this Agreement. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2/26/99 2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participants's obligation for providing one (1) on-site parking space for the land covered by Major Redevelopment Permit No. 05-09 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 05-09, including Condition No. 24 listed in Design Review Board Resolution No. 308. (b) The Program Participants shall pay the Parking In-Lieu Fee for a total of one (1) parking space as established by the Commission, and, as required by Condition No. 24 of Design Review Board Resolution No. 308. the fee shall be paid prior to the Program Participants receiving a building permit for the subject Project. The fee shall be the sum total of the fee per parking spaces needed (1) to satisfy the Project's parking requirement. (c) The Program Participants shall have no right to designated parking spaces within the public parking lots located within the Village Redevelopment Area, or at any other location within the City of Carlsbad, nor shall the Program Participants have exclusive use of any public parking spaces. Through participation in the subject Parking In-Lieu Fee Program, the Program Participants agrees to assist the Carlsbad Redevelopment Agency in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Redevelopment Area of the City of Carlsbad. The Commission has approved Major Redevelopment Permit 05-09 conditioned upon the Program Participants's payment of a Parking In-Lieu Fee for a total of one (1) parking space. 3. REMEDIES Failure by the Program Participants to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 24 of Design Review Board Resolution No. 308. Such failure will allow the Commission and/or City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the subject project and property. 4. HOLD HARMLESS Program Participants will indemnify and hold harmless (without limit as to amount) Commission and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participants's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 2/26/99 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Housing and Redevelopment Commission Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE PROGRAM PARTICIPANTS: Darren M. Hamilton. Chris J. Hamilton, and Judith W. Hamilton 408 Pacific Avenue Solana Beach. CA 92075 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the one (1) parking space for the subject Project, the Program Participants shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participants and any successive owners of the subject project as described in Attachment A to this Agreement. 9. JURISDICTION Program Participants agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. 2/26/99 T: 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any cou of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force a effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANTS Property Owner / (Sign Here) Darren M. Hamilton (Print Name/Title) Chris J. Hamilton (Print Name/Title) By: V• VvAJh,fl—' / \ (Sign Here) Judith W. Hamilton (Print Name/Title) COMMISSION ssion, a Attest: Raymond R. Patchett, Secretary to Comnasafoh ,r \Cfi'•'-.~ v> i ESTABUSIicL' •. ^ "- . t970 / •*-... /*', * •• - * (Proper notarial acknowledgment of execution by Program Participants must be attached) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Jane Mobaldi, Assistant City Attorney 2/26/99 •to ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3190 Roosevelt Street Assessor Parcel No.: 204-084-09 The subject property is more specifically described as: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lots 1, 2 and 3 in Block 40 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Maps thereof Nos. 535 and 775, filed in the office of the County Recorder of San Diego County, May 2, 1888 and February 1, 1894, respectively. 2/26/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT XX;SgSgS<:^-<y-'S<:'g<:-<^ IState of California 1 i <~ TV Us !X/N i \^onr\ f ICounty of ^JnfJ iAi£-v\\s 1 On J (XX/ *^ ^tf>OC? before me Date ' personally appeared D&Vlrfr* fY\, i ^BjK NflNCYJKQUW tVSlflB Notary PuMe-CoMomta vCISiy tanOtogoCounry•14JBUL' My Comm. Expires Nov 5. 2006 Place Notary Seal Above j Name and Title of Officer (e.g., "Jane Doe, Notary Public") [j personally known to me \|f proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or : the entity upon behalf of which the person(s) acted, executed the instrument. -WITNESS my hand and official seal. algnatun/of Notary Public i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /*/ o /* / G* /• /9 </ J. Title or Tvpe of Document: <• fty 9) (. *# fe ffffnf ^O/JtAi j0*X7 1^- AQ<vtCA***.'t~ "7 / / Docu ment Date : ' / "V * £/ ' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: U Individual D Corporate Officer — Title(s): n Partner — D Limited D General D Attorney in Fact [j Trustee D Guardian or Conservator D Other: Signer Is Representing: ' V ' ' Number of Pages: ^ ^^H*j JH W J 1 a?^^H Top of thumb here © 1997 National Notary Association • 9350 De SotoAva., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Casa CobraHousing & Redevelopment CommissionAugust 15, 2006 Location MapSI T E SITE Subject Property Apartments to the North Commercial Building to the West Vacant Property to the South Residential to the East New Construction to the Southwest Proposed DevelopmentTwo-Story 7,524 sq. ft. Mixed-Use Project1, 500 sq. ft. of commercial spacezDecorative exterior4 apartment unitsz1,271 - 1,730 sq. ft.zMin. 2-bedroom & 2-bathszPrivate balconiesFrontage along Roosevelt Street & Pine Avenue. Access off of Pine AvenueParking screened from view Building CoverageRequired: 60%-80%Proposed: 64.7%HeightRequired: 30’ w/ min 4:12 roof pitchProposed: 29’ w// 4:12 roof pitchOpen Space Required: 20%Proposed: 32%ParkingRequired: 15 spaces (10 residential spaces + 5 commercial spaces)Proposed: 14 spaces (10 residential + 4 commercial + 1 In-Lieu Fee Program space)Standards ComplianceSetbacks Proposed:Front: 9 feetS. Side: 5 feet N. Side: 5 feetRear: 10 feet Project DesignREARFRONT Project DesignNORTHSOUTH (STREET SIDE) Proposed Project:Provides desirable useServe as catalyst for future developmentDevelopment of an underutilized lotAttract additional visitor-serving commercial uses Increases pedestrian circulation in the VillageCompatible with surrounding areaIncreases number, quality, and diversity of housing types.Goals & Objectives of Land Use Plan Environmental ReviewProposed project is an in-fill development project and Exempt from CEQA.No comments received.DRB recommended approval of environmental determination. DRB RecommendationDRB voted 3-0 (Marquez & Baker 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. 5’9’5’10’