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HomeMy WebLinkAbout2006-08-15; Housing & Redevelopment Commission; 388; STATE STREET MIXED USEHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL 383AB# MTG. DEPT. H/RED STATE STREET MIXED USE RP 05-10/CDP 05-42/CT 05-20 DEPT. CITYATTY CITY MGR. RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 424. APPROVING a Major Redevelopment Permit (RP 05-10), Coastal Development Permit (CDP 05-42), and tentative tract map (CT 05-20) for the construction of a mixed-use development project consisting of six (6) condominium units and 1,875 square feet of commercial/retail space on the property located at 3044 State Street in Land Use District 1 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1 as recommended by the Design Review Board.; and, Adopt Resolution No. 425 , 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, coastal development permit, and tentative tract map for a three-story mixed- use project consisting of six (6) condominium units and 1,875 square feet of commercial/retail space in Land Use District 1 of the Carlsbad Village Redevelopment Area. The subject property totals 12,199 square feet and contains seven (7) small residential cottages, which are proposed to be demolished in order to accommodate the proposed project. The site is bordered by one-story and two-story commercial buildings across the alley to the north, a public parking lot across State Street to the west, a one-story commercial building the south, and an auto repair shop sits on the property across the alley to the west. Surrounding uses are predominantly commercial or retail uses. The proposed project involves the construction of two-stories of residential condominiums located over retail space and residential parking garages. There are six (6) units total varying in size from 1,922 square feet to 2,387 square feet. The building has a pleasant architectural design with attractive retail space on the ground floor incorporating decorative materials such as stone veneer, canvas awnings, and decorative sconce lighting fixtures to enhance the street scene along State Street. The residential condominiums located above the retail 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 or glass balcony railings. The residences are significantly setback from the street at upper levels in order to reduce the massing of the building along State Street and to make the retail space the predominate feature of the street. Each unit within the project is equipped with a second story deck and a common raised deck area is provided above the motor court for recreational purposes. Resident parking for the project is screened from public view contained entirely within two-car garages and residential visitor parking is provided at the rear of the structure. The project also includes extensive landscaping within and around the project, a pleasant architectural design unique to the Village, and an attractive retail facade. Vehicular access to the site is provided off of State Street. 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 six (6) parking spaces. 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 $1.2 million. With the new construction, it is estimated that the assessed value will increase to approximately $6 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $48,000 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. The current Village Parking In-Lieu Fee is $11,240 per required parking space to be provided off-site. With a requirement to pay for six (6) parking spaces, the total revenue to the Carlsbad Redevelopment Agency Parking Fund will be $67,440. 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. 424. APPROVING RP05-10, CDP 05-42, & CT 05-20. 2. Housing and Redevelopment Commission Resolution No. 425 . APPROVING a Parking In-Lieu Fee Participation Agreement between the Commission and 3044 State Street LLC (a California Limited Liability Corporation), property owner at 3044 State Street in the Village Redevelopment Area. 3. Design Review Board Resolution No. 309, 310, and 311 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 3044 State Street LLC. DEPARTMENT CONTACT: Cliff Jones 760-434-2813 ciones@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED W CONTINUED TO DATE SPECIFIC D DENIED O CONTINUED TO DATE UNKNOWN Q CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER - SEE MINUTES D AMENDED D 1 2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 424 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP05-10, COASTAL DEVELOPMENT PERMIT NO. CDP05-42, AND TENTATIVE 5 TRACT MAP NO. CT05-20 FOR THE CONSTRUCTION OF A MIXED- USE DEVELOPMENT PROJECT CONSISTING OF SIX (6) 6 CONDOMINKM UNITS AND 1,875 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 7 3044 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 8 MANAGEMENT ZONE 1. APPLICANT: KARNAK PLANNING & DESIGN 9 CASE NO: RP 05-10/ CDP 05-427 CT 05-20 10 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 05-10), Coastal Development Permit ,., (CDP 05-42), and Tentative Tract Map (CT 05-20) for the construction of mixed-use development 14 project consisting of six (6) condominium units and 1,875 square feet of retail space on the property j5 located at 3044 State Street, and adopted Design Review Board Resolutions No. 309, 310, and 311 j 5 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP ] 7 05-10), Coastal Development Permit (CDP 05-42), and Tentative Tract Map (CT 05-20) be approved; 18 and 19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date 20 of this resolution held a duly noticed public hearing to consider the recommendation and heard all 21 persons interested in or opposed to Major Redevelopment Permit (RP 05-10), Coastal Development 22 Permit (CDP 05-42), and Tentative Tract Map (CT 05-20); and 23 WHEREAS, the recommended Design Review Board approval includes findings establishing 24 the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and 25 WHEREAS, the recommended Design Review Board approval includes findings granting 26 participation in the Parking In-Lieu Fee Program for a maximum of six (6) parking spaces; and 27 WHEREAS, as a result of an environmental review of the subject project conducted pursuant 28 to the Guidelines for Implementation of the California Environmental Quality Act and the HRC RESO NO. PAGE 1 1 2 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically 3 exempt from the requirement for preparation of environmental documents pursuant to Section 15332 4 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an 5 urbanized area that has no habitat value and is served by adequate facilities. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment ' Commission of the City of Carlsbad, California as follows: o 1. That the foregoing recitations are true and correct. 9 2. That Major Redevelopment Permit (RP 05-10), Coastal Development Permit (CDP 05-42), 10 and Tentative Tract Map (CT 05-20) are APPROVED and that the findings and conditions of the Design Review Board contained in Resolutions No. 309, 310, and 311, on file in the City Clerk's 12 Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 14 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 15 analyzed and considered the environmental determination for this project and any comments thereon. 16 The Housing and Redevelopment Commission finds that: 17 (a) The project is consistent with the applicable general plan designation and all 18 applicable general plan policies as well as with applicable zoning designation and regulations; 19 (b) The proposed development occurs within city limits on a project site of no more 20 than five acres and substantially surrounded by urban uses; 21 (c) The project site has no value as habitat for endangered, rare or threatened species; 22 (d) Approval of the project would not result in any significant effects relating to 23 traffic, noise, air quality, or water quality; and 24 (e) The site can be adequately served by all required utilities and public services. 25 The Housing and Redevelopment Commission finds that the environmental determination reflects the 26 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 27 4. That this action is final the date this resolution is adopted by the Housing and 28 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time HRC RESO NO. PAGE 2 ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Limits for Judicial Review" shall apply: NOTICE TO APPLICANT: "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." PASSED, APPROVED, AND ADOPTED at a Regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 15th day ofAugust . 2006 by the following vote to wit: AYES: Commissioners Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: Commissioner Hall ABSTAIN: None AN ATTEST: RXYlvtOND R. PATCHETT, SECRETARY ^\ 197° ''',, *'••• "'< A°c*.-x HRC RESO NO. PAGES HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 425 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 3044 STATE STREET LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS STATE STREET MIXED USE AT 3044 STATE STREET, APN: 203-297- 04, IN THE VILLAGE REDEVELOPMENT AREA. APPLICANT: KARNAK PLANNING & DESIGN CASE NO: RP05-10 WHEREAS, on June 26, 2006, the City of Carlsbad Design Review Board held a duly 9 noticed public hearing to consider a Major Redevelopment Permit (RP 05-10) for the construction of a mixed-use development project consisting of six (6) condominium units and 1,875 square 12 13 14 15 23 24 25 26 feet of commercial/retail space on the property located at 3044 State Street, and adopted Design Review Board Resolution No. 309 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 05-10) be approved; and WHEREAS, on 8/15/06 the Housing and Redevelopment Commission approved a 16 Major Redevelopment Permit (No. 05-10) to allow 3044 State Street LLC, Property Owner, to construct a mixed-use development project consisting of six (6) condominium units and 1,875 18 square feet of commercial/retail space on property located at 3044 State Street (Assessor Parcel # 19 203-297-04) within the Village Redevelopment Area of the City of Carlsbad; and 20 WHEREAS, as a condition of approval of Major Redevelopment Permit 05-10, the 21 Commission and Property Owner agreed to enter into an agreement to allow the Property Owner to participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of the on-site parking requirement for the subject project; and WHEREAS, the Property Owners have agreed, by acceptance of the project conditions of approval, to pay the established Parking In-Lieu Fee for a total of six (6) parking spaces to satisfy HRC RESO NO. 28 1 a portion of the on-site parking requirement for the approved mixed-use project located at 3044 2 State Street within the Village Redevelopment Area of the City; and WHEREAS, the Commission finds that the subject property and project has qualified to 4 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and participation in the program will satisfy a maximum of six (6) of the required parking spaces for 6 the subject mixed-use project on the noted property at 3044 State Street; and 7 WHEREAS, the Commission has previously determined that the proposed project is 8 consistent with the goals and objectives of the Village Master Plan and Design Manual; and WHEREAS, the Commission has previously determined that there is adequate public j j parking available within the Village Redevelopment Area to accommodate a portion of the 12 subj ect proj ect' s parking demands; and 13 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of 14 this Parking In-Lieu Fee Participation Agreement. 15 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 17 Commission of the City of Carlsbad, California as follows: 18 1. That the foregoing recitations are true and correct. 19 20 2. That the Housing and Redevelopment Commission hereby approves the Village 21 Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of 22 the Carlsbad Redevelopment Agency, and 3044 State Street LLC, property owner of 23 the project known as the State Street Mixed Use which is to be constructed at 3044 24 State Street, in the Village Redevelopment Area of the City of Carlsbad. 25 3. That the Chairperson of the Housing and Redevelopment Commission is hereby 26 authorized to execute said Agreement, and the City Clerk is requested to forward the 27 HRC RESO NO. PAGE 228 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 executed Agreement to the County Recorder for recordation against the subject property. PASSED, APPROVED, AND ADOPTED at a Rpeniar 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 CLAUDE A. LEWIS, CHAIRMAN ATTEST: xg-u,^ RAYMOND R. PATCHETT, SECRETARY '.. ..• ,J> ' HRC RESO NO. PAGE 3 EXHIBIT 3 DESIGN REVIEW BOARD RESOLUTIONS NO. 309,310 AND 311 JUNE 26,2006 1 DESIGN REVIEW BOARD RESOLUTION NO. 309 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 05-10 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF SIX (6) CONDOMINIUM UNITS AND 1,875 SQUARE FEET OF COMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 6 3044 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: STATE STREET MIXED USE 8 APN: 203-297-04 9 CASE NO: RP 05-10 10 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified application 12 with the Redevelopment Agency of the City of Carlsbad regarding property owned by 3044 State 13 Street LLC, "Owner", described as Assessor Parcel Number 203-297-04, and more thoroughly 14 described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-P" dated June 26, 2006, on file in the Housing and Redevelopment 17 10 Department, "State Street Mixed Use RP 05-10", as provided by Chapter 21.35.080 of thelo 19 Carlsbad 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 "State Street Mixed Use RP 05-10." 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 State Street Mixed Use RP 05-10, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS; 4 5 6 7 10 11 12 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 , j. residential use and commercial/retail 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/retail 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 project's proximity 16 17 19 20 22 23 24 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project, hi 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 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 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, including outdoor decks looking out over the adjacent streets and fully enclosed parking. Overall, the new residential units will enhance the Village as a place for living and working. 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 objectives set forth for Land Use District 1 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. 309 -2- commercial/retail 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 attractive landscaping. c. The project as designed is consistent with the development standards for Land <. Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 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 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. 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 Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for six (6) 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 The density is compatible with the surrounding area, which contains a variety of 24 uses including commercial/retail and multi-family residential. Application of the RH General Plan designation on the subject property would allow for future 25 high density residential mixed-use development, which is permitted in District 1, and would be compatible with the mixture of surrounding uses.26 27 b. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, 28 and affordability of housing units within this area of the Village. The high DRB RESO NO. 309 -3- density designation allows for future development that would be consistent with 2 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 4 Use District 1 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 6 28 to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 7 4. The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project 10 approval. 11 5. There have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 13 6. All necessary public facilities required by the Growth Management Ordinance will be 14 constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that all required public facilities necessary to accommodate the proposed development have been provided or are required as conditions of project approval. 17 7. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; 20 government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 21 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 23 is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of 24 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 25 b. All necessary public improvements have been provided or are required as conditions of approval. 27 DRB RESO NO. 309 -4- c. The project has been conditioned to provide proof from the Carlsbad Unified 2 School District that the project has satisfied its obligation to provide school facilities. 3 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. 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. 7 8. The project is consistent with the City's Landscape Manual. o The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 10 of the exaction is in rough proportionality to the impact caused by the project. 10. 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 requirements for the project. Justification for participation in the Parking In-Lieu Fee 13 Program is contained in the following findings: a. The project is consistent with the Carlsbad General Plan because it provides for a commercial/retail 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 17 the area. b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists hi satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides 20 permitted commercial/retail space in a new structure; 2) the building is designed hi 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. 23 c. Adequate parking is available within the Village to accommodate the project's 24 parking demands. Based on the most recent parking study dated 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 2/r because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 27 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing 28 and Redevelopment Commission. DRB RESO NO. 309 -5- 1 GENERAL CONDITIONS; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 building permits. ^ 1. If any of the following conditions fail to occur; or if they are, by their terms, to be <- implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented 6 and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future 7 building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 9 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment 10 Permit. H 2. Staff is authorized and directed to make, or require the Developer to make, all corrections j2 and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 13 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 14 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 16 4. If any condition, for construction of any public improvements or facilities, or the payment 17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid 19 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 20 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 21 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body 22 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 23 attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or 24 issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 25 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 27 concluded and continues even if the Agency's approval is not validated. 28 DRB RESO NO. 309 -6- 6. The Developer shall submit to the Housing and Redevelopment Department a 2 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 3 7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing t- format. 6 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 7 provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required 9 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10 10. Approval is granted for Major Redevelopment Permit RP 05-10 as shown on Exhibits A-P, dated June 26, 2006, on file in the Housing and Redevelopment Department and j 2 incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 13 11. This approval shall become null and void if building permits are not issued for this ^4 project within 24 months from the date of project approval. 12. Building permits will not be issued for the project unless the local agency providing water 16 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 17 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 placed on the Final Map. 19 HOUSING CONDITIONS; 20 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 21 certificate of compliance for the conversion of existing apartments to air-space 22 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 23 time, as established by City Council Resolution from time to time. 24 LANDSCAPE CONDITIONS: 25 14. The Developer shall submit and obtain Housing & Redevelopment Director approval of a 26 Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and 27 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. 28 DRB RESO NO. 309 -7- 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 16. Developer shall pay a landscape plan check and inspection fee as required by Section 4 20.08.050 of the Carlsbad Municipal Code. 5 MISCELLANEOUS CONDITIONS: 6 17. The Developer shall establish a homeowner's association and corresponding covenants, 7 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of ° a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Housing and Redevelopment Director. At a 10 minimum, the CC&Rs shall contain the following provisions: 11 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 14 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 15 within 30 days for the official record. 18. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this 18 requirement. 19. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 21 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 22 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.23 24 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 25 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Redevelopment. 26 21. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and 28 recreational facilities. DRB RESO NO. 309 -8- 1 2 NOTICING CONDITIONS; 3 22. 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. 309 on the real property owned by the Developer. Said Notice 6 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 7 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 9 successor in interest. 10 ON-SITE CONDITIONS; 23. The developer shall construct trash receptacle and recycling areas as shown on the site 12 Plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 13 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment ^ Director. 24. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 16 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter 17 comply with the approved plan. 18 25. The developer shall submit and obtain Housing & Redevelopment Director approval of 19 an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20 26. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 22 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 23 27. 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 25 six (6) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces 26 needed to satisfy the commercial/retail component of the project's parking requirement (6 spaces total). 27 28. The project shall have a master cable television hookup. Individual antennas shall not be permitted. DRB RESO NO. 309 -9- 27 28 1 2 29. There shall be separate utility systems for each unit. 3 30. Building materials identified in acoustical study prepared by Mestre Greve Associates shall be used in the building construction in order to reduce noise levels to an acceptable level. 31. Solid masonry walls shall be installed along all common lot lines that adjoin an 5 existing residential use. 7 32. Subject to final approval by the Housing & Redevelopment Director, developer shall provide additional building articulation and/or architectural enhancement to the southern elevation of the building fronting State Street and shall provide additional enhanced paving treatment to the motor court driveway leading to the residential entries. 10 STANDARD CODE REMINDERS: 11 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 13 Fees 14 33. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final ^ map as required by Chapter 20.44 of the Carlsbad Municipal Code. 16 34. The developer shall pay a landscape plan check and inspection fee as required by Section 1 7 20.080.050 of the Carlsbad Municipal Code. 35. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 20 of the City Engineer. 21 General 22 36. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final.23 24 37. 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 25 building permit issuance, except as otherwise specifically provided herein. 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. DRB RESO NO. 309 -10- 39. Any signs proposed for this development shall at a minimum be designed in conformance 2 with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval 3 of the Housing & Redevelopment Director prior to installation of such signs. 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 DRB RESO NO. 309 -11- 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 i the City of Carlsbad, California, held on the 26th day of June, 2006 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: HEINEMAN, LAWSON, AND SCHUMACHER NONE BAKER AND MARQUEZ NONE COURTNE DESIGN REVIEW BOARD ERSON ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 309 -12- 1 DESIGN REVIEW BOARD RESOLUTION NO. 310 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 05-42 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF SIX (6) CONDOMINIUM UNITS AND 1,875 SQUARE 5 FEET OF RETAIL SPACE ON THE PROPERTY LOCATED AT 3044 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD 6 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: STATE STREET MIXED USE 8 APN: 203-297-04 CASE NO.: CDP 05-42 10 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified 1 j application with the Redevelopment Agency of the City of Carlsbad regarding property owned 12 by 3044 State Street LLC, "Owner", described as Assessor Parcel Numbers 203-297-04, and 13 more thoroughly described in Attachment A, ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Coastal 15 Development Permit as shown on Exhibits "A-P" dated June 26, 2006, on file in the Housing 16 and Redevelopment Department, "State Street Mixed Use RP 05-10/CDP 05-42/CT 05-20" as 17 provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and 18 «,WHEREAS, the Design Review Board did, on the 26 day of June 2006, hold a 19 duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Board considered all factors 22 relating to the CDP. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 24 of the City of Carlsbad as follows:25 _ _ A) That the foregoing recitations are true and correct.26 ?7 B) That based on the evidence presented at the public hearing, the Board RECOMMENDS APPROVAL of State Street Mixed Use CDP 05-42 based on the following findings and subject to the following conditions: Findings: 2 1. That the proposed development is in conformance with the Carlsbad Village Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the City of 4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that the development does not obstruct views or otherwise damage the visual beauty 5 of the coastal zone, and no agricultural activities, sensitive resources, geological instability exist on the site. 6 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 7 of the Coastal Act in that the development will not alter physical or visual access to the shore.8 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist within the proposed construction area, all grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. 12 Conditions: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 14 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 15 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and 1 „ prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Coastal Development Permit. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as 21 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. 22 Any proposed development different from this approval, shall require an amendment to this approval. 23 3. The Developer shall submit to the Housing and Redevelopment Department a 24 reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the conditions approved by the final decision making body. 4. This approval is granted subject to the approval of RP 05-10 and CT 05-20 and is subject to all conditions contained in Design Review Board Resolutions No. 309 and 27 311 for those other approvals and incorporated by reference herein. 28 5. The applicant shall apply for and be issued building permits for this project within twenty- four (24) months of approval or this coastal development permit will expire unless extended per Section 21.81.160 of the Carlsbad Municipal Code. DRBRESONO. 310 -2- , ^_y? 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 7. All construction activities shall be planned so that grading will occur in units that can be 4 easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be 5 planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 6 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit 7 discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to 8 sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development 9 permit. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 310 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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 date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of June, 2006, by the following vote, to wit: AYES: NOES: HEINEMAN, LAWSON AND SCHUMACHER NONE ABSENT: BAKER AND MARQUEZ ABSTAIN: NONE COURTNEY HEINE DESIGN REVIEW BOARD PERSON ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 310 -4- DESIGN REVIEW BOARD RESOLUTION NO. 311 1 - A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF CARLSBAD TRACT NUMBER CT 05-20 TO SUBDIVIDE .28 ACRES INTO SIX (6) CONDOMINIUM UNITS 4 AND 1,875 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 3044 STATE STREET IN 5 LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: STATE STREET MIXED USE CASE NO.: CT 05-20 7 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified 8 application with the Housing and Redevelopment Agency of the City of Carlsbad regarding j0 property owned by 3044 State Street LLC, "Owner", described as Assessor Parcel Number 1I 203-297-04 and more thoroughly described in Attachment A ("the Property"); and 12 WHEREAS, said verified application constitutes a request for a Tentative Tract 13 Map as shown on Exhibit(s) "A-P" dated June 26, 2006, on file in the Housing and 14 Redevelopment Department as "State Street Mixed Use RP 05-10/CDP 05-42/CT 05-20", as 15 provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 16 WHEREAS, the Design Review Board did, on the 26th day of June, 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and 18 WHEREAS, at said public hearing, upon hearing and considering all testimony 19 and arguments, if any, of persons desiring to be heard, said Board considered all factors 20 relating to the Tentative Tract Map. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 22 of the City of Carlsbad as follows: 23 A) That the foregoing recitations are true and correct.24 B) That based on the evidence presented at the public hearing, the Design Review 25 Board RECOMMENDS APPROVAL of State Street Mixed Use CT 05-20, 7fi based on the following findings and subject to the following conditions: 27 Findings: 28 1 • That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, the Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles 1 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems. ^ 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are located within Land Use District 1 of the Village 4 Redevelopment Area and the intent of the Village Master Plan is to reinforce the pedestrian environment, encourage mutually supportive use and provide a major 5 activity focus for Carlsbad Village and the City as a whole. 6 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the 7 density proposed, in that the development is consistent with the RH density designation which has been assigned to the property based on the following 8 findings: 9 a. The density is compatible with the surrounding area, which contains residential and commercial/retail uses. Application of the RH General Plan designation on the subject property would allow for future high density ji residential mixed-use development, which is permitted in District 1, and would be compatible with the mixture of surrounding uses. 12 b. The RH General Plan density designation serves to satisfy the goals of the 13 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. 14 The high density designation allows for future development that would be consistent with the goals and objectives of the Redevelopment Master 15 Plan. c. The RH General Plan density designation serves to satisfy the objectives of , 7 Land Use District 1 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village 18 Coaster Station). High residential densities in close proximity to mixed- use areas with easy access to mass transportation promote greater 19 job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 20 4. That the design of the subdivision or the type of improvements will not conflict with 21 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 22 that the property has frontage on State Street and there are no easements granting access through the property to others. 24 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 25 6. That the design of the subdivision provides, to the extent feasible, for future passive or 26 natural heating or cooling opportunities in the subdivision. 27 7. That the Design Review Board has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those 28 housing needs against the public service needs of the City and available fiscal and environmental resources. DRBRESONO. 311 -2- 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project belongs to a class of projects that the State Secretary for 3 Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of 4 environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. Therefore, the Design Review Board 5 finds that there is no substantial evidence the project will have a significant effect on the environment. 6 9. That the discharge of waste from the subdivision will not result in violation of existing 7 California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 9 10. The Design Review Board finds that the project, as conditioned herein, is in 10 conformance with the Elements of the City's General Plan, the Village Redevelopment Plan and Village Master Plan and Design Guidelines based on the facts set forth in 11 the staff report dated June 26, 2006 including, but not limited to the following: the project will provide for a permitted mixed-use development (multi-family 12 residential and retail commercial) in an appropriate location within Land Use District 1 of the Village Redevelopment Area. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the 14 applicable local facilities management plan, and all City public facility policies and ordinances since:15 a. The project has been conditioned to ensure that building permits will not be16 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 jg requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 19 b. Statutory School fees will be paid to ensure the availability of school facilities in 2Q the Carlsbad Unified School District. 21 c. Park-in-lieu fees are required as a condition of approval. 22 d. All necessary public improvements have been provided or are required as conditions of approval. 23 e. The developer has agreed and is required by the inclusion of an appropriate 24 condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available 25 concurrent with need as required by the General Plan. 26 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 27 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 28 public facilities and will mitigate any cumulative impacts created by the project. DRBRESONO. 311 -3- ^ 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or the issuance of building permits, whichever occurs first. 5 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 6 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Major Redevelopment Permit and Tentative 1U Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all 12 corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. 13 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this 14 approval. 15 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 20 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and 22 a" 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 23 approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with 24 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 25 from the emission by the facility of electromagnetic fields or other energy waves or emissions. 26 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision making body. DRBRESONO. 311 -4- i<nt 1 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required 4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 5 9. Building permits will not be issued for this project unless the local agency providing 6 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 7 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 8 shall be placed on the Final Map. 9 Engineering Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the , I approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 12 General 13 10. Prior to hauling dirt or construction materials to or from any proposed construction site 14 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 15 11. Prior to issuance of any building permit, Developer shall comply with the requirements of 16 the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 12. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 18 recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner ?0 among the owners of the properties within the subdivision. 2| 13. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 22 14. There shall be one Final Map recorded for this project. 23 Fees/Agreements 24 15. Developer shall cause property owner to execute and submit to the City Engineer for 25 recordation the City's standard form Drainage Hold Harmless Agreement. 26 16. 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 27 shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an 28 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. DRB RESO NO. 311 -5- .f 2 Grading -, 17. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and 4 obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 5 Dedications/Improvements 6 18. Additional drainage easements may be required. Developer shall dedicate and provide 7 or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 8 19. Developer shall provide the design of all private drainage systems to the satisfaction of 9 the City Engineer. All private drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 20. Prior to issuance of building permits, Developer shall remove existing obstructions, from existing overhead utilities, to the proposed access driveway at 12 the northerly subdivision boundary. 13 21. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on 14 the tentative map and the following improvements including, but not limited to (paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, 15 undergrounding or relocation of utilities, sewer, water, fire hydrants, and street lights, to City Standards to the satisfaction of the City Engineer. The improvements are: 16 a) Sewer line in existing alley northerly of the site. 17 b) Repair existing street and alley improvements abutting the subdivision as directed by the city engineer or his representative.18 A list of the above shall be placed on an additional map sheet on the Final Map per the " provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above 20 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 21 22. Developer shall have the entire drainage system designed, submitted to and approved 22 by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the 23 runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the 24 detention basin capacities necessary to accomplish the desired results. 25 23. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed 26 pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable 27 level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include 28 but not be limited to notifying prospective owners and tenants of the following: DRBRESONO. 311 -6- -7! A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 3 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 4 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 5 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 6 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 8 pollutants when planning any changes to the landscaping and surface improvements. 9 24. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the 12 San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact 13 or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 14 a. identify existing and post-development on-site pollutants-of-concern; 15 b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 16 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum 17 extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special 18 considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 22 25. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 23 26. Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. 25 Final Map Notes 27. Developer shall show on Final Map the net developable acres for each parcel. 27 28. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 28 A. All improvements are privately owned and are to be privately maintained with the DRBRESONO. 311 -7- '? ;' exception of the following: 9 1. Sewer line in existing alley northerly of the site. 3 2. Repairs of existing street and alley improvements abutting the subdivision. 4 B. Building permits will not be issued for development of the subject property unless 5 the appropriate agency determines that sewer and water facilities are available. 6 Utilities 7 29. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 8 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 9 satisfaction of the District Engineer. 10 30. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 12 31. The Developer shall install (potable water and/or recycled water services) and meters at 13 a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 14 32. The Developer shall install sewer laterals and clean-outs at a location approved by the 15 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 33. The Developer shall design and construct public sewer facilities substantially as shown 17 on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 18 34. The Developer shall provide separate potable water meters for each separately owned 19 unit. 20 35. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of 22 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 23 36. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure 24 that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 25 Code Reminder 26 The project is subject to all applicable provisions of local ordinances, including but not limited to 27 the following: 28 37. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. DRB RESO NO. 311 -8- §?> 1 38. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 311 -9- 1 2 3 4 6 7 8 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 thBoard of the City of Carlsbad, California, held on the 26 day of June /, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: HEINEMAN, LAWSON AND SCHUMACHER NONE BAKER AND MARQUEZ NONE COURTNEY HEINEMANretmiRPERSON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 311 -10- EXHIBIT 4 DESIGN REVIEW BOARD STAFF REPORT WITH ATTACHMENTS JUNE 26,2006 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 2/23/2006 Frank Jimeno Environmental Review: Categorical Exemption ITEM NO. 2 DATE: June 26, 2006 SUBJECT: RP 05-10/CDP 05-42/CT 05-20 "STATE STREET MIXED USE": Request for a Major Redevelopment Permit, to allow the construction of a mixed-use development project consisting of six (6) condominium units and 1,875 square feet of commercial/retail space on the property located at 3044 State Street in Land Use District 1 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 309 recommending APPROVAL of RP 05-10 , and ADOPT Design Review Board Resolution No. 310 recommending APPROVAL of CDP 05-42, and ADOPT Design Review Board Resolution No. 311 recommending APPROVAL of CT 05-20 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation greater than $150,000. This major redevelopment permit serves as the site development plan required by Chapter 21.53 of the Carlsbad Municipal Code. The project also requires the approval of a tentative tract map because it involves separate ownership of the residential units. In addition, due to the fact that the subject site is located within the Coastal Zone, the project is required to process a coastal development permit. In accordance with redevelopment permit procedures, the three permits are 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 permits 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. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Robert Richardson, has requested a major redevelopment permit to allow the construction of a 14,941 square foot mixed-use project consisting of six (6) condominium units and 1,875 square feet of commercial space. The subject property totals 12,199 square feet and is located at 3044 State Street in Land Use District 1 of the Carlsbad Village Redevelopment Area. The existing structures on-site include seven residential cottages, which are proposed to STATE STREET MIXED USE JUNE 26, 2006 PAGE 2 be demolished in order to accommodate the new building. The subject property is bordered by a one-story commercial building across the alley to the north, a public parking lot across State Street to the west, a one-story commercial building to the south, and an auto repair shop sits on the property across the alley to the east. The three-story building consists of two stories of residential condominiums located over garages and retail space. There are six (6) units total varying in size from 1,922 square feet to 2,387 square feet. The building has a pleasant architectural design with attractive retail space on the ground floor incorporating attractive decorative building materials such as stone veneer, canvas awnings, and decorative sconce lighting fixtures. The residential condominiums located above the retail space continue the pleasing architectural design to the upper levels of the building incorporating decorative canvas awnings, various sized and shaped multi-paned windows, and wrought iron or glass railings are used on the balconies. The residences are significantly setback from the street at upper levels in order to reduce the massing of the building along State Street and to make the retail space the predominate feature on State Street. Resident parking for the project is screened from public view through the use of four two-car garages, and the required guest parking is located at the rear of the lot behind the main building. Vehicular access to the site is provided off of an alley from State Street. 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/retail 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/retail 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, including outdoor decks looking out over the adjacent streets and fully enclosed parking. Overall, the new residential units will enhance the Village as a place for living and working. "IB STATE STREET MIXED USE JUNE 26, 2006 PAGE 3 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 located in District 1, the retail and commercial core of the Village Area and near the visitor-serving commercial uses of District 9. 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 retail 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 State Street eliminating any pedestrian/vehicular conflicts along State Street where the retail 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 Carlsbad Village Center (Land Use District 1) 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 State 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. STATE STREET MIXED USE JUNE 26, 2006 PAGE 4 VI. CONSISTENCY WITH VILLAGE LAND USE PLAN & LOCAL COASTAL PLAN As set forth in the Village Master Plan and Design Manual, mixed-use projects are classified as permitted uses within Land Use District 1 of the Village Redevelopment Area. Permitted uses are defined as those uses which are permitted by right because they are considered to be consistent with the vision and goals established for the district. Although these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. In addition, the Village Redevelopment Master Plan and Design Manual stipulates that the mixed-use aspect of the project is permitted provided that the ground floor of all approved mixed-use projects be devoted to commercial/retail uses. Since retail space is proposed along State Street, Staff concludes that the project complies with this requirement. The overall vision for the development of District 1 (Carlsbad Village Center) is to reinforce the pedestrian shopping environment, encourage mutually supportive uses and provide a major activity focus for Carlsbad Village and the City as a whole. Commercial and retail businesses are emphasized, and multi-family development is permitted as part of a mixed-use project. Permitted land uses in District 1 include service providing commercial business, retail businesses, restaurants, and mixed-use projects providing that the ground floor is devoted to commercial or retail uses. Staff believes that the proposed project achieves this vision by providing a highly desirable mixed-use project, which provides additional retail within District 1 (Carlsbad Village Center). The proposed project supports the Village character for the area. The project is located in close proximity to mass transit, parks, the beach, retail, and commercial services. The project is consistent with the Village Master Plan and Design Manual and has also been determined to be consistent with the General Plan, as related to the Village Redevelopment Area. Development of the subject property will serve as a catalyst for future projects and help to promote the Village Design further within District 1. In addition, the site is located within the Coastal Zone. Therefore, consistency with the Village Local Coastal Program is applicable to this project. The Village Master Plan Design Manual functions as the Local Coastal program for the area. Therefore, as long as the project is consistent with the Village Master Plan Design Manual, the project is consistent with the Local Coastal Program. Staff finds the proposed use to be consistent with the Village Master Plan Design Manual and therefore the Local Coastal Program. A coastal development permit is being processed concurrently with the redevelopment permit. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 1 are as follows: Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 1, the required front yard setback is 0-10 feet for commercial building frontage, and there are not any setback requirements for the side and rear yards. All setbacks are measured from property lines. The front yard setback of the proposed building is 0 feet from the front property line for the commercial/retail component of the project; however, the upper levels of the building are STATE STREET MIXED USE JUNE 26, 2006 PAGES stepped back 9 feet. The south side yard setback is set at 0 feet and the north side yard setback is set at 5 feet. The rear of the building is located 11' 2" from the rear property line, however, the guest parking encroaches into the rear yard setback area resulting in a 0 foot setback. 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 front yard setback at a level below the maximum and within the standard range are as follows. First, the proposed setback will not have an adverse impact on surrounding properties as the reduced setback will allow for the commercial/retail component of the project to be close to the street reinforcing the pedestrian shopping environment. The reduced front yard setback will encourage and maintain the existing retail continuity along State Street adding to the shopping experience in the Village. Furthermore, the reduced standard will help to break up the mass of the building allowing other portions of the building to be setback further and stepped back at upper levels. Visual and noise impacts from the proposed residential units will be reduced since the residential units are setback further from the street and the parking for the residences is visually subordinate contained within two-car garages. 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 commercial/reatil 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 for landscaping and decorative paving at the ground floor allowing 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 1. Building Coverage: The range of building footprint coverage permitted for mixed use projects in Land Use District 1 is 60% to 80%. For the proposed project, the building coverage is 61.6% 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: STATE STREET MIXED USE JUNE 26, 2006 PAGE 6 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 building coverage is at the bottom of the range and is set close to the desired standard and will not have an impact on adjacent uses. First, the proposed building coverage will not have an adverse impact on surrounding properties as the building coverage will allow for the commercial/retail component of the project to be close to the street reinforcing the pedestrian environment. Visual and noise impacts from the mixed-use project will be reduced as the proposed building coverage will allow the residential parking to be subordinate contained within two-car garages. Second, the proposed building coverage standard provides for the intensification of development desired for the area and 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 1. 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, benches for seating in front of the retail space, and allows building recesses and relief along the various building planes for architectural enhancement. Based on these findings, it is staffs position that the proposed building coverage is consistent with the desired standard. Building Height: The height limit for Land Use District 1 is 35 feet with a minimum 5:12 roof pitch, and 45 feet where residential or commercial space is located over a parking structure. The project is broken up into two buildings in order reduce the overall massing of the structure. The project proposes a maximum roof height of 37' 2" and a roof pitch of 5:12. 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 2,605 square feet of open space, which represents 21.4% 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 Y* guest parking space per unit. The parking requirement for the commercial/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 6 proposed units and the 1,875 square foot commercial space is 21 parking spaces [(2.5x6)=15 + (1,859/300)=6 = 21]. The project provides 12 residence spaces through individual garages and 3 tandem guest parking spaces at the rear of the property. The 15 on-site residential parking spaces will not be visible from the STATE STREET MIXED USE JUNE 26, 2006 PAGE? public street as the spaces are contained entirely within garages or behind the rear building. The project applicant is requesting participation in the Parking-ln-Lieu Fee program for the 6 required commercial/retail spaces for a total fee of $67,440 ($11,240 per space). 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 1. 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 one hundred percent (100%) of the on-site parking requirement for the commercial/retail component of the proposed new development. The applicant is requesting participation in the Program for six (6) parking spaces or 100% of the total required parking for the commercial/retail 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: 1. The project is consistent with the Carlsbad General Plan because it provides for a commercial/retail 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 1 through the following actions: 1) the project provides permitted commercial/retail space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural STATE STREET MIXED USE JUNE 26, 2006 PAGES 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 staffs position that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of six (6) 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 1 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 commercial and multi-family residential. 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 1, and would be compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 2. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The 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 1 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 STATE STREET MIXED USE JUNE 26, 2006 PAGE 9 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 .28 acres (12,199 square feet), which will accommodate 5.32 dwelling units per the GMCP. With 6 dwelling units proposed, the project results in a density of 21.4 dwelling units per acre, which is above the GMCP of the RH density range (15-23 dwelling units per acre). In accordance with the Growth Management Ordinance specific findings regarding the availability of public facilities must be made in order to approve a density bonus above the GMCP. The proposed project complies with these findings because all necessary public improvements and facilities to accommodate the proposed development have been provided or are required as conditions of project approval. In addition, there have been sufficient developments approved in the northwest quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. Justification for meeting the findings of the Growth management Ordinance to allow a density that exceed the GMCP has been incorporated into the attached DRB Resolution No. 309. Inclusionarv 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 six (6) 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 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 1,259 square feet. 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 STATE STREET MIXED USE JUNE 26, 2006 PAGE 10 the approval of the Housing & Redevelopment Director, prior to issuance of a building permit. This condition has been incorporated into attached DRB Resolution No. 309. Utilities: There shall be separate utility systems for each unit. This condition has been incorporated into attached DRB Resolution No. 309. 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. 309. 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 State Street enhancing the pedestrian-orientation of the Village. Upper levels of the building are setback from the street in order to provide architectural relief along the upper level building planes. The building's 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, stone veneer, wrought iron balcony railings, decorative sconce lighting, slate tile roofing, and canvas awnings. The project provides landscaped planter areas amongst the decorative paving at the ground floor and provides teak benches for public seating in front of the retail portion of the site. Parking is visually subordinate in that the resident garages are located on the ground floor of the two buildings, while the guest parking is provided in three tandem spaces at the rear of the STATE STREET MIXED USE JUNE 26, 2006 PAGE 11 property behind the two buildings. A summary of the design features related to the project is provided as an exhibit to this report (See Attached Exhibit A). IX. TRAFFIC. CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS The project, as conditioned, will comply with the City's requirements for the following: Traffic and Circulation: Projected Average Daily Traffic (ADT): 123 A Traffic study was not required because of the insignificant traffic projected. Comment: All frontage and project related roadway and alleys exist and are conditioned to be improved as needed with development of this project. Sewer: Sewer District: Carlsbad Municipal Water District Sewer EDU's Required: (1) edu/dwelling x 6 dwellings = 6 EDU's One 1,875 square foot retail /1800 = 1.04 EDU's TOTAL = 7.04 EDU's Comment: Sewer facilities exist in State Street. The developer will connect into the State Street main with an 8-inch PVC main line within the existing northerly alley. The sewer laterals will then be connected to this new line. The retail area lateral will be connected to the existing sewer in State Street. Water: Water District: Carlsbad Municipal Water District GPD Required: 250 gpd/du x 6 du's = 1,500 GPD 2,300 gpd/10,000 square feet retail x 1,875 = 431 GPD Comment: No major water issues are associated with this proposed project. Separate service lines and meters are provided from each unit and the retail area. Soils & Grading: Quantities: Cut: 507 cy Fill:186cy Export: 321 cy Import: 0 cy Permit required: Yes Off-site approval required: No Hillside grading requirements met: N/A STATE STREET MIXED USE JUNE 26, 2006 PAGE 12 Preliminary geo-technical investigation performed by: Norcal Engineering. Comment: There are no major grading issues associated with this project. Drainage and Erosion Control: Drainage basin: B Preliminary hydrology study performed by: O'Day Consultants Erosion Potential: Low Comment: There are no major drainage issues associated with this project. Given the minor increase of 0.50 CFS of storm water runoff caused by the development, the existing public storm drain system has the capacity to accept this additional runoff. Land Title: Conflicts with existing easement: None Easement dedication required: No Site boundary coincides with land title: Yes Comment: No major land title issues are associated with this project. Improvements: Off-site improvements: Curb, gutter and sidewalk exist on State Street. Improved alleys along the northerly and easterly project boundaries exist. Overhead utilities fronting the project along the northerly alley will be relocated underground. Standard variance required: no. 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, 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. STATE STREET MIXED USE JUNE 26, 2006 PAGE 13 XI. ECONOMIC IMPACT The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was previously an under-utilized lot will result in increased property taxes. This increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, the project may serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. XII. STAFF RECOMMENDATION Staff is recommending approval of the project. 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. 309 recommending approval of RP 05-10. C. Design Review Board Resolution No. 310 recommending approval of CDP 05-42. D. Design Review Board Resolution No. 311 recommending approval of CT 05-20. E. Location Map. F. Map of Public Parking Resources G. Exhibits "A-V", dated June 26, 2006, including reduces 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 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: State Street Mixed Use A variety of setbacks are provided along State Street. The adjacent commercial properties also provide for varying setbacks along the street. Teak benches are provided in front of the retail space along State Street. Retail space is being provided on State Street, which serves to maintain the retail continuity along this pedestrian-oriented frontage. The project does not include a drive-thru. There are not any 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 provided along the sides of the building and the rear assists in creating a setting where the building is set within a landscaped green space. Parking is contained entirely within the structure and will not be visible from the street. Parking will be accessed off of an alley from either State Street or Tyler Street. Resident parking is located in garages within the building, while the guest parking is at the rear of the property screened from public view. Parking lot areas are not part of the proposal. All areas not required for circulation or parking is devoted for landscaping. No parking is provided in the front setback area. No new curb cuts are proposed. 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 resident parking garages are fully integrated into the building design and play a more subordinate role by being fully screened from the street. The ground floor building frontage along State Street is primarily dedicated to a desired commercial/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 project is broken up into two buildings. Varying roof peaks, building lines, and various architectural features also serve to break up the mass of the buildings. The height of the new structure is consistent with the height limit for residential and commercial buildings in Land Use District 1. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The building is not trendy or "look at me" in design. The project is providing a 5:12 roof pitch. The project design does not lend itself to the use of dormers. The project provides a slate-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. The project utilizes mansard roof forms in order to reduce overall building height. 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 veneer, 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 canvas awnings, decorative wrought iron railings along the balconies and the residences are setback from the commercial space at the upper level in order to accentuate the retail 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 veneer, attractive stucco siding, and canvas awnings. The materials and colors proposed for the building will not conflict with adjacent developments. The exterior walls utilize a stucco finish of neutral color. None of the noted materials have been indicated for use. The windows are clear glass. Wood or vinyl coated doors and window frames will be utilized. Avoid metal awnings and canopies. Utilize light and neutral base colors. Limit the materials and color palette on any single building (3 or less surface colors) i fcCVTl'iMBlSpBsSSJ'ffllpS w^^^^«W^wa'StliA"^*5?*^5'lfe^ H'^WSIiwIPs*^ isfS-i 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 awnings being used will be made of canvas. The project utilizes a light and neutral color scheme. The project incorporates two different stucco colors, and an accent stucco trim color. 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. One main entrance to the retail component is proposed along State Street. 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 State Street. 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 retail space has been moved to the street. However, the balconies for the residential units are oriented towards the street. The project design incorporates front entry porches for the residential units with entrances 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. facing to the north. However, the retail space is oriented to invite pedestrians into the area. Windows look out to the street. The project utilizes a simple color scheme Decorative stone veneer, balconies with wrought iron railings, 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 the Village character. Open space areas and landscaping encompass 21 % of the property. Access to the resident garages will be provided off of an alleyway. Not applicable. Stucco finished block walls will be used along the north side yard. The design of the project is broken up into two buildings. 1 DESIGN REVIEW BOARD RESOLUTION NO. 309 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 05-10 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT 5 CONSISTING OF SIX (6) CONDOMINIUM UNITS AND 1,875 SQUARE FEET OF COMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 6 3044 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: STATE STREET MIXED USE 8 APN: 203-297-04 9 CASE NO: RP 05-10 10 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified application 12 with the Redevelopment Agency of the City of Carlsbad regarding property owned by 3044 State 13 Street LLC, "Owner", described as Assessor Parcel Number 203-297-04, and more thoroughly 14 described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-P" dated June 26, 2006, on file in the Housing and Redevelopment 17 10 Department, "State Street Mixed Use RP 05-10", as provided by Chapter 21.35.080 of thelo 19 Carlsbad 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 "State Street Mixed Use RP 05-10." 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 State Street Mixed Use RP 05-10, 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, 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, hi 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 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, as outlined within the General Plan, because it provides for a multi-family , - residential use and commercial/retail 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 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 project's proximity 19 to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the 20 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 enhance the Village as a place 22 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 1 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. 309 -2- commercial/retail 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. 4 c. The project as designed is consistent with the development standards for Land r Use District 1, 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. 1 ~ 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 g 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 18 Agency's Inclusionary Housing Requirement, as the Developer has been 1Q conditioned to pay to the City an inclusionary housing in-lieu fee for six (6) 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 commercial/retail and multi-family residential. Application of the RH General Plan designation on the subject property would allow for future 25 high density residential mixed-use development, which is permitted in District 1, and would be compatible with the mixture of surrounding uses. 2"i b. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, 28 and affordability of housing units within this area of the Village. The high DRB RESO NO. 309 -3- density designation allows for future development that would be consistent with 2 the development in the area and the goals and objectives of the Redevelopment Master Plan. 3 c. The RH General Plan density designation serves to satisfy the objectives of Land 4 Use District 1 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 5 to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 7 4. The project will provide sufficient additional public facilities for the density in excess of the ° control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project 10 approval. 5. There have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 13 6. All necessary public facilities required by the Growth Management Ordinance will be 14 constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that all required public facilities necessary to accommodate the proposed development have been provided or are required as conditions of project approval. 17 7. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to 1Q ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; 20 government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 21 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 23 is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of 24 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 25 b. All necessary public improvements have been provided or are required as conditions of approval. 27 28 DRB RESO NO. 309 -4- c. The project has been conditioned to provide proof from the Carlsbad Unified 2 School District that the project has satisfied its obligation to provide school facilities. 3 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. e. The Public Facility fee is required to be paid by Council Policy No. 17 and will 6 be collected prior to the issuance of building permit. 7 8. The project is consistent with the City's Landscape Manual. 9. The Design Review Board has reviewed each of the exactions imposed on the Developer 9 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 10 of the exaction is in rough proportionality to the impact caused by the project. 10. The Design Review Board finds that the Developer/Property owner qualifies to participate in , 2 the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee 13 Program is contained in the following findings: 14 a. The project is consistent with the Carlsbad General Plan because it provides for a commercial/retail use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian 16 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 17 the area. 1 O b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides 20 permitted commercial/retail space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 23 c. Adequate parking is available within the Village to accommodate the project's 24 parking demands. Based on the most recent parking study dated 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. 27 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. DRB RESO NO. 309 -5- 1 2 GENERAL CONDITIONS: 3 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits.4 5 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 6 implemented and maintained over time, if any such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or 7 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 9 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 10 or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit. 12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment Permit documents, as necessary to 13 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 14 development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws 16 and regulations in effect at the time of building permit issuance. 17 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 19 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project 20 without the condition complies with all requirements of law. 21 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 22 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 23 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 24 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 26 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 27 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.28 DRB RESO NO. 309 -6- 6. The Developer shall submit to the Housing and Redevelopment Department a 2 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 3 7. The Developer shall include, as part of the plans submitted for any permit plan check, 'a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing r format. 6 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 7 provide school facilities. Q 9. This project shall comply with all conditions and mitigation measures which are required 9 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10 10. Approval is granted for Major Redevelopment Permit RP 05-10 as shown on Exhibits A-P, dated June 26, 2006, on file in the Housing and Redevelopment Department and 12 incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 13 11. This approval shall become null and void if building permits are not issued for this 14 project within 24 months from the date of project approval. 12. Building permits will not be issued for the project unless the local agency providing water 16 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 17 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 placed on the Final Map. 19 HOUSING CONDITIONS; 20 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 21 certificate of compliance for the conversion of existing apartments to air-space 22 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 23 time, as established by City Council Resolution from time to time. 24 LANDSCAPE CONDITIONS: 25 14. The Developer shall submit and obtain Housing & Redevelopment Director approval of a 25 Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and 27 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.28 DRB RESO NO. 309 -7- 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 16. Developer shall pay a landscape plan check and inspection fee as required by Section 4 20.08.050 of the Carlsbad Municipal Code. 5 MISCELLANEOUS CONDITIONS; 6 17. The Developer shall establish a homeowner's association and corresponding covenants, 7 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Housing and Redevelopment Director. At a 10 minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 14 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 18. This project is being approved as a condominium permit for residential homeownership j7 purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this 18 requirement. 19. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy ,~~ #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 21 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 22 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. 24 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 25 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Redevelopment.26 27 21. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and 28 recreational facilities. DRB RESO NO. 309 -8- 1 2 NOTICING CONDITIONS; 3 22. 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 5 successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution No. 309 on the real property owned by the Developer. Said Notice 6 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 7 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment „ Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 9 successor in interest. 10 ON-SITE CONDITIONS: 23. The developer shall construct trash receptacle and recycling areas as shown on the site j2 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 13 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment 1 Director. 15 24. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 16 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter 1' comply with the approved plan. 18 25. The developer shall submit and obtain Housing & Redevelopment Director approval of 19 an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes cjr property. 20 26. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 22 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 23 27. 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 25 six (6) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces 26 needed to satisfy the commercial/retail component of the project's parking requirement (6 spaces total). 27 28. The project shall have a master cable television hookup. Individual antennas shall not be permitted. DRB RESO NO. 309 -9- 1 2 29. There shall be separate utility systems for each unit. 3 30. Building materials identified in acoustical study prepared by Mestre Greve Associates shall be used hi the building construction in order to reduce noise levels to an acceptable level. 31. Solid masonry walls shall be installed along all common lot lines that adjoin an 6 existing residential use. 7 STANDARD CODE REMINDERS; o The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. Fees 10 32. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 12 33. The developer shall pay a landscape plan check and inspection fee as required by Section 13 20.080.050 of the Carlsbad Municipal Code. 14 34. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 17 General 18 35. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final.19 ~~ 36. 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 21 building permit issuance, except as otherwise specifically provided herein. 22 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.23 24 38. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village 25 Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing & Redevelopment Director prior to installation of such signs.26 27 28 DRB RESO NO. 309 -10- 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 \2 expired. 13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of 14 ththe City of Carlsbad, California, held on the 26 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. 309 -11- ATTACHMENT"A" LEGAL DESCRIPTION APN 203-297-04 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, December 9, 1919. 1 DESIGN REVIEW BOARD RESOLUTION NO. 310 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 05-42 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF SIX (6) CONDOMINIUM UNITS AND 1,875 SQUARE 5 FEET OF RETAIL SPACE ON THE PROPERTY LOCATED AT 3044 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD 6 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: STATE STREET MIXED USE 8 APN: 203-297-04 CASE NO.: CDP 05-42 1f) WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified I 1 application with the Redevelopment Agency of the City of Carlsbad regarding property owned 12 by 3044 State Street LLC, "Owner", described as Assessor Parcel Numbers 203-297-04, and 13 more thoroughly described in Attachment A, ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Coastal 15 Development Permit as shown on Exhibits "A-P" dated June 26, 2006, on file in the Housing 16 and Redevelopment Department, "State Street Mixed Use RP 05-10/CDP 05-42/CT 05-02" as 17 provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and 18 »hWHEREAS, the Design Review Board did, on the 26 day of June 2006, hold a 19 duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Board considered all factors 22 relating to the CDP. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board24 of the City of Carlsbad as follows:25 A) That the foregoing recitations are true and correct.26 ?7 B) That based on the evidence presented at the public hearing, the Board RECOMMENDS APPROVAL of State Street Mixed Use CDP 05-42 based on 28 the following findings and subject to the following conditions: Findings: 2 1. That the proposed development is in conformance with the Carlsbad Village Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the City of 4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that the development does not obstruct views or otherwise damage the visual beauty 5 of the coastal zone, and no agricultural activities, sensitive resources, geological instability exist on the site. 6 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 7 of the Coastal Act in that the development will not alter physical or visual access to the shore. 8 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist within the proposed construction area, all grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible 1 to accelerated erosion, floods, or liquefaction. 12 Conditions: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 14 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 15 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the 16 right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Coastal Development Permit. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as 21 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. 22 Any proposed development different from this approval, shall require an amendment to this approval. 23 3. The Developer shall submit to the Housing and Redevelopment Department a 24 reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the conditions approved by the final decision making body. 4. This approval is granted subject to the approval of RP 05-10 and CT 05-02 and is subject to all conditions contained in Design Review Board Resolutions No. 309 and 27 311 for those other approvals and incorporated by reference herein. 28 5. The applicant shall apply for and be issued building permits for this project within twenty- four (24) months of approval or this coastal development permit will expire unless extended per Section 21.81.160 of the Carlsbad Municipal Code. DRBRESONO. 310 -2- 1 2 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 7. All construction activities shall be planned so that grading will occur in units that can be 4 easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be 5 planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 6 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit 7 discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to 8 sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development 9 permit. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 310 -3- 1 NOJ1CE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 3 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 4 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 5 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 6 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 7 annul their imposition. 8 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 10 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of June, 2006, by the 14 following vote, to wit: 15 AYES: 16 NOES: 17 ABSENT: 18 ABSTAIN: 19 n COURTNEY HEINEMAN, CHAIRPERSON 20 DESIGN REVIEW BOARD 21 ATTEST: 22 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR 241' 25 26 27 28 DRBRESONO. 310 -4- ATTACHMENT"A" LEGAL DESCRIPTION APN 203-297-04 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, December 9, 1919. DESIGN REVIEW BOARD RESOLUTION NO. 311 1 ~ A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF CARLSBAD TRACT NUMBER CT 05-02 TO SUBDIVIDE .28 ACRES INTO SIX (6) CONDOMINIUM UNITS 4 AND 1,875 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 3044 STATE STREET IN 5 LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: STATE STREET MIXED USE CASE NO.: CT 05-02 7 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified 8 application with the Housing and Redevelopment Agency of the City of Carlsbad regarding , „ property owned by 3044 State Street LLC, "Owner", described as Assessor Parcel Number 11 203-297-04 and more thoroughly described in Attachment A ("the Property"); and 12 WHEREAS, said verified application constitutes a request for a Tentative Tract 13 Map as shown on Exhibit(s) "A-P" dated June 26, 2006, on file in the Housing and 14 Redevelopment Department as "State Street Mixed Use RP 05-10/CDP 05-42/CT 05-02", as 15 provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 16 WHEREAS, the Design Review Board did, on the 26th day of June, 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and 18 WHEREAS, at said public hearing, upon hearing and considering all testimony 19 and arguments, if any, of persons desiring to be heard, said Board considered all factors 20 relating to the Tentative Tract Map. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 22 of the City of Carlsbad as follows: 23 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review 25 Board RECOMMENDS APPROVAL of State Street Mixed Use CT 05-02, ~fi based on the following findings and subject to the following conditions: 27 Findings: 28 1 • That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, the Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will 2 not cause serious public health problems. ., 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are located within Land Use District 1 of the Village 4 Redevelopment Area and the intent of the Village Master Plan is to reinforce the pedestrian environment, encourage mutually supportive use and provide a major 5 activity focus for Carlsbad Village and the City as a whole. 6 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the 7 density proposed, in that the development is consistent with the RH density designation which has been assigned to the property based on the following 8 findings: a. The density is compatible with the surrounding area, which contains , 0 residential and commercial/retail uses. Application of the RH General Plan designation on the subject property would allow for future high density 11 residential mixed-use development, which is permitted in District 1, and would be compatible with the mixture of surrounding uses. 12 b. The RH General Plan density designation serves to satisfy the goals of the 13 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. 14 The high density designation allows for future development that would be consistent with the goals and objectives of the Redevelopment Master 15 Plan. c. The RH General Plan density designation serves to satisfy the objectives of 17 Land Use District 1 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village 18 Coaster Station). High residential densities in close proximity to mixed- use areas with easy access to mass transportation promote greater 19 job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 20 4. That the design of the subdivision or the type of improvements will not conflict with 21 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 22 that the property has frontage on State Street and there are no easements ?. granting access through the property to others. 24 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 25 6. That the design of the subdivision provides, to the extent feasible, for future passive or 26 natural heating or cooling opportunities in the subdivision. 27 7. That the Design Review Board has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those 28 housing needs against the public service needs of the City and available fiscal and environmental resources. DRBRESONO. 311 -2- 8. That the design of the subdivision and improvements are not likely to cause substantial 2 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project belongs to a class of projects that the State Secretary for 3 Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of 4 environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. Therefore, the Design Review Board 5 finds that there is no substantial evidence the project will have a significant effect on the environment. 6 9. That the discharge of waste from the subdivision will not result in violation of existing 7 California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 9 10. The Design Review Board finds that the project, as conditioned herein, is in 10 conformance with the Elements of the City's General Plan, the Village Redevelopment Plan and Village Master Plan and Design Guidelines based on the facts set forth in 11 the staff report dated June 26, 2006 including, but not limited to the following: the project will provide for a permitted mixed-use development (multi-family 12 residential and retail commercial) in an appropriate location within Land Use District 1 of the Village Redevelopment Area. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the14 applicable local facilities management plan, and all City public facility policies and ordinances since: a. The project has been conditioned to ensure that building permits will not be16 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 Ig requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 19 b. Statutory School fees will be paid to ensure the availability of school facilities in 20 the Carlsbad Unified School District. 21 c. Park-in-lieu fees are required as a condition of approval. 22 d. All necessary public improvements have been provided or are required as conditions of approval. 23 e. The developer has agreed and is required by the inclusion of an appropriate 24 condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available 25 concurrent with need as required by the General Plan. 26 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 27 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 28 public facilities and will mitigate any cumulative impacts created by the project. DRBRESONO. 311 -3- 13. This project has been conditioned to comply with any requirement approved as part of 2 the Local Facilities Management Plan for Zone 1. Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or the issuance of building permits, whichever occurs first. 5 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 6 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City 7 shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek " damages for their violation. No vested rights are gained by Developer or a successor in )n interest by the City's approval of this Major Redevelopment Permit and Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all 12 corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. 13 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this 14 approval. 15 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 16 4. If any condition for construction of any public improvements or facilities, or the payment 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 18 Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 20 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and 22 a" 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 23 approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with 24 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 25 from the emission by the facility of electromagnetic fields or other energy waves or emissions.26 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision making body. DRBRESONO. 311 -4- 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required 4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 5 9. Building permits will not be issued for this project unless the local agency providing 6 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 7 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 8 shall be placed on the Final Map. 9 Engineering Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the j j approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 12 General 13 10. Prior to hauling dirt or construction materials to or from any proposed construction site 14 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 15 11. Prior to issuance of any building permit, Developer shall comply with the requirements of 16 the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City.17 12. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other *° recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner 2Q among the owners of the properties within the subdivision. 2i 13. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 22 14. There shall be one Final Map recorded for this project. 23 Fees/Agreements 24 15. Developer shall cause property owner to execute and submit to the City Engineer for 25 recordation the City's standard form Drainage Hold Harmless Agreement. 26 16. 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 27 shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. DRBRESONO. 311 -5- '^ 1 2 Grading 2 17. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and 4 obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 5 Dedications/Improvements 6 18. Additional drainage easements may be required. Developer shall dedicate and provide 7 or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 8 19. Developer shall provide the design of all private drainage systems to the satisfaction of 9 the City Engineer. All private drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 20. Prior to issuance of building permits, Developer shall remove existing obstructions, from existing overhead utilities, to the proposed access driveway at 12 the northerly subdivision boundary. 13 21. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on 14 the tentative map and the following improvements including, but not limited to (paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, 15 undergrounding or relocation of utilities, sewer, water, fire hydrants, and street lights, to City Standards to the satisfaction of the City Engineer. The improvements are: 16 a) Sewer line in existing alley northerly of the site. 17 b) Repair existing street and alley improvements abutting the subdivision as directed by the city engineer or his representative.18 . g A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above 2Q shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 21 22. Developer shall have the entire drainage system designed, submitted to and approved 22 by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the 23 runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the 24 detention basin capacities necessary to accomplish the desired results. 25 23. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed 26 pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable 27 level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include 28 but not be limited to notifying prospective owners and tenants of the following: DRBRESONO. 311 -6- A. All owners and tenants shall coordinate efforts to establish or work with 2 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 3 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 4 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 5 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 6 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 8 pollutants when planning any changes to the landscaping and surface improvements. 9 24. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact 13 or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 14 a. identify existing and post-development on-site pollutants-of-concern; 15 b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 16 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special 18 considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent 21 practicable. 22 25. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 23 26. Developer shall install wheelchair ramps at the public street corners abutting the 24 subdivision in conformance with City of Carlsbad Standards. 25 Final Map Notes 27. Developer shall show on Final Map the net developable acres for each parcel. 27 28. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 28 A. All improvements are privately owned and are to be privately maintained with the DRB RESO NO. 311 -7- exception of the following: 2 1. Sewer line in existing alley northerly of the site. 3 2. Repairs of existing street and alley improvements abutting the subdivision. 4 B. Building permits will not be issued for development of the subject property unless 5 the appropriate agency determines that sewer and water facilities are available. 6 Utilities 7 29. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 8 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 9 satisfaction of the District Engineer. 30. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges , 1 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 12 31. The Developer shall install (potable water and/or recycled water services) and meters at 13 a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 14 32. The Developer shall install sewer laterals and clean-outs at a location approved by the 15 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 33. The Developer shall design and construct public sewer facilities substantially as shown 17 on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 18 34. The Developer shall provide separate potable water meters for each separately owned 19 unit. 70^ 35. This project is approved upon the express condition that building permits will not be », issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of 22 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 23 36. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure 24 that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 25 Code Reminder 26 The project is subject to all applicable provisions of local ordinances, including but not limited to 27 the following: 28 37. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. DRB RESO NO. 311 -8- "?<? 1 38. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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 DRBRESONO. 311 -9- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, 3 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."4 5 You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in 6 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 7 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.8 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 10 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 11 which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review 14 Board of the City of Carlsbad, California, held on the 26th day of June, by the following 15 vote to wit: 16 AYES: 17 NOES: 18 ABSENT: 19 ABSTAIN: 20 COURTNEY HEINEMAN, CHAIRPERSON 22 DESIGN REVIEW BOARD 23 ATTEST: 24 25 DEBBIE FOUNTAIN 26 HOUSING AND REDEVELOPMENT DIRECTOR 27 28 DRBRESONO. 311 -10- ATTACHMENT"A" LEGAL DESCRIPTION APN 203-297-04 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, December 9, 1919. 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V^. *.;:.-, , EXHIBIT 5 DRAFT DESIGN REVIEW BOARD MINUTES DATED JUNE 26, 2006 DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 6 of 14 DRAFT Boaixh\4ember Lawson said all of his questions have been properly^adaressed. I support it. I think they have donev€kyery nice job. There really appears to be some nipVarchitectural detailing and consideration into this I hopeWesee in all projects coming before us. Icarftupport it as it is. Chairperson Heinemansaidhe agrees with bothBdard Members. Board Member Lawson moved mB-sDesign Review Board adopt Design Review Board Resolution 308 recommending approval of RP OS^wSaajed on ^e findings and subject to the conditions contained therein. Board Member Schumaefier seconded the motion. VOTE: /s 3-0-0 AYESr Heineman, Lawson, and Schumacher None ABSTAIN: None •^ ABSENT: Baker and Marquez Mr. Cliff Jones said the next item is an application for a Major Redevelopment Permit for the State Street Mixed-Use Project. The applicant, Karnack Planning Design, has requested a Major Redevelopment Permit for the construction of a 14,941 square foot mixed use project consisting of six condominium units and 1,875 square feet of commercial space on the property located at 3044 State Street in Land Use District 1 of the Carlsbad Village Redevelopment Area. The proposed project requires a Major Redevelopment Permit because it involves new construction of a building that has a building permit valuation that is greater then $150,000. The project also requires the approval of a tentative tract map because it involves separate ownership of the residential units. In addition, the project is required to process a Coastal Development Permit because it is located within the Coastal Zone. In accordance with redevelopment permit procedures, the three permits are being brought forward before the Design Review Board and for final approval by the Housing and Redevelopment Commission. The subject property is located on the east side of State Street in between Carlsbad Village Drive and Oak Avenue. The subject property totals 12,199 square feet and currently contains residential cottages, which are proposed to be demolished in order to accommodate the new building. The project is bordered by a one-story and two-story commercial buildings to the north. To the west of the proposed project is a public parking lot. To the south are commercial businesses, and to the east an auto repair shop exists. The application is for a three-story, mixed-use project. As I mentioned previously, there are six condominium units and 1,875 square feet of commercial retail space. The commercial retail space is set close to the street as can be seen on the slide above in order to encourage retail activities near the street. The exterior of the retail portion incorporates many decorative elements such as rock work, lighting and awnings in order to enhance the retail shopping experience within the Village. The six condominium units vary in 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 the residents, which incorporates tables, chairs and a common barbeque. Vehicular access to the two-car residential garages is provided off State Street through 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 projects are classified as permitted uses within Land Use District 1. Permitted uses are defined as those which are permitted by right because they are considered to be consistent with the vision and goals established for the district. The Village Master Plan stipulates, however, that the ground floor of all mixed-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 project DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 7 of 14 complies with this requirement. The remainder of the site is occupied by landscape setback areas, residential storage space, access points, and required parking. Staff believes that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 for the following actions: The project provides for a desirable use; The project may serve as a catalyst for future development or redevelopment; The project may increase pedestrian circulation within the village; The project is compatible with the surrounding area; and The project increases the number of quality and diversity of housing types. The project meets all the required development standards outlined within the Village Master Plan. The project provides for: • Adequate open space and landscaping for a total of 21.4%; and • Appropriate building coverage is provided as well for a total 61.6%. The building height of the project is in compliance with the established standard set well below the permitted maximum height at 37 feet, 2 inches. Adequate residential parking is provided for the residential units through the use of six two-car garages and three guest parking spaces for a total of 15 residential parking spaces. 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. The required amount of parking for the commercial retail space of the project equates to six spaces and the applicant is requesting participation in the Parking In-Lieu Fee Program for these six parking spaces. The project is eligible to participate in the In-Lieu Fee Program for the six parking spaces, and the closest public parking lot in which customers could utilize to access the commercial retail space is conveniently located across the street. The required justification for participation in the Parking In-Lieu Fee Program is contained within the Design Review Board Resolution attached to the Staff Report. The proposed setbacks are consistent with the requirements for Land Use District 1 as well. In Land Use District 1, the required front yard setback is 0-10 feet, and the side yard and rear yard do not have any setback requirements. There are no minimum or maximum requirements. The proposed project falls within the required setback ranges. The front yard setback is set at 0 feet, giving the retail portion of the building a strong relationship to the street and enhancing the retail shopping experience for the visitors. The residential portion of the project is setback further from the street at the second and third stories to nine feet in order to reduce the massing of the building and to provide privacy for the residents. The south side yard setback is set at the southerly property line near State Street. However, the majority of the building is setback 5 feet from the south property line. The north side yard setback is set 5 feet from the property line allowing landscaping to be provided along the Oak Avenue alley. The rear of the building is located 11 feet, 2 inches from the rear property line. However, the guest parking encroaches into this area which results in a 0 foot setback. The project is consistent with the setback requirements for Land Use District 1. The project is also consistent with the design principles outlined in the Village Design Manual. The project incorporates several design elements to achieve the desired village character including: Multi-paned windows with decorative trim; Slate tile roofing with a 5 and 12 roof pitch; Wrought iron or glass balcony railings are provided at upper levels; Varied stucco colors and recesses are provided as well; Canvas awnings are provided along the lower and upper levels; Decorative stone veneer is provided along the lower ground floor elevation; Expansive windows are provided for retail display; Decorative sconce lighting is provided along lower levels; DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 8 of 14 • There are two teak benches provided at the retail entrance for people to relax; • There is a common second-floor recreational area, which incorporates landscaping, tables and chairs and a barbeque; and • There are second- and third-story private balconies. Also as part of the project design, the building has a strong relationship to the street, and the project provides for an abundance of open space and landscaping along all sides of the residence. Landscaping is provided at the residential entrances and along the sides and the rear of the property. Landscape planters are proposed on the ground floor entrance and along the balconies. Parking is visually subordinate, located off-site or behind the structure within residential garages. The Housing and Redevelopment Department has conducted an Environmental Review of the project pursuant to the guidelines of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of the said review, the project has been found to be exempt from the environmental review pursuant to Section 15332 of the State CEQA guidelines as an infill development project. The necessary findings for this environmental determination is included in the attached Design Review Board Resolution. The proposed project is anticipated to have a positive financial impact on the city and the Redevelopment Agency. First, the redevelopment of what was previously an underutilized lot will result in increased property taxes. This increase in property tax will further result in increased tax increments of the agency. Second, it is anticipated that the project will serve as a catalyst for other improvements in the area; either new development or rehabilitation of existing buildings through the construction of a quality 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 agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. Board Member Lawson asked Mr. Jones to walk the Board through the path by which visitors would get to units 2, 3, 5 and 6 on the plan? I am a little concerned as to how people would get to those. Mr. Jones answered for the units that are further back off the alley, the primary entrance will be actually going through the motor court and entering the site at these areas; either along the sides on the south side or the interior of the motor court. Board Member Lawson commented those are under the second floor common area. Mr. Jones said that is correct. Board Member Lawson said it might be a little dark back in there. Is there a designated path of travel that helps to differentiate as someone is coming into that area? Mr. Jones said there is not a designated path of travel, no. Board Member Schumacher asked is that where the street sign is? The address to the condo unit? Mr. Jones said the address could be provided there or it could be provided somewhere up closer to the street. The addressing hasn't been determined at this point. The architect may have a better idea then I do as to where they intend to put it. Board Member Lawson commented if you go to that north elevation, there are the two entrances on the sides. Those are obviously limited to those two northern units, which are units 1 and 4, correct? Mr. Jones said that is correct. DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 9 of 14 Board Member Lawson said they get an exclusive front door, and then the others are tucked back in a little bit of an awkward location. On the eastern units which are units 4, 5 and 6, they have on that ground floor labeled family rooms that seem to have some kind of access out into a narrow strip next to the guest parking. What is the intended use of that as well as the rooms labeled as family room when the second floor of those same units have labels called family rooms as well? Mr. Jones answered the intent to have the exit to the east would be to provide a small area for recreating, although it is very small for the site. As to why there are two areas for family rooms, I cannot answer that question. However, staff believed it was another space that could be used for a place for family gatherings or could be used as an office type use for a private office. Board Member Lawson said we can address that with the applicant. While you do not have the plans, do you have anything that shows that second floor with the recreational deck? You don't have the landscape plan do you? Mr. Jones said not as a slide exhibit. Board Member Lawson said the landscape plan makes reference in the center of that as being a portable fire pit. I would be concerned in questioning did fire or anyone look at that not being a permanent gas fire pit. My concern would be bringing wood in there and who knows how that might be used. If not, we can talk to the applicant on that. I think it is a nice feature, but the way it is being proposed gives me a little concern. Mr. Jones answered that fire did not bring it up as an issue of concern when they reviewed the plans. However, staff can approach them again to verify it is not an issue of concern. When they first reviewed this project, they did not see that as an issue of concern. Board Member Lawson said when you show the parking court elevations, there are third floor stairs that go up to what appear to be small decks. Are those with those stairs going down; is that for just additional third floor exiting? I am trying to understand how it is being used. Mr. Jones answered it is for exiting purposes for building code requirements. Board Member Lawson reiterated that it isn't an extra feature as an amenity. Those decks seem kind of awkward for private recreational use. They would have to serve as an exiting requirement. Mr. Jones said due to the constraints of the site, they really do function as both recreating areas and exiting. Board Member Schumacher asked about the under grounding of the electrical wire. Is this project too small in order for that to happen? The reason I ask is whoever buys those units is going to have a really great view of some electrical wire. Mr. Wojcik said in this case because it is a tentative tract map, we are governed by the subdivision map act. The subdivision map act says that we cannot require under grounding unless it has 600 feet of frontage. That is quite a bit. Board Member Lawson asked if he saw in the plans where they were suggesting and offering to under ground them. Was that not on the plans? Mr. Wojcik said we can't require that but in a lot of instances the applicant or developer chooses to underground them. We can't put it in as a condition of approval. Board Member Lawson commented that the applicant is proposing to do that in this case, is that correct? DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 10 of 14 Mr. Jones said there is one place along the alleyway that the applicant will need to do so for entering the site, and there is another location at the corner off State Street where they had expressed great interest in under grounding at that location. Board Member Lawson said he brings that up because he thought he read that specifically on the plans. Board Member Schumacher asked which alley are they under grounding. Mr. Jones said the north side. Robert Richardson, the owner of Karnack Planning and Design in the Village on State Street. This is a nice mixed-use project that fits the guidelines now and also has the excitement of working towards that main street concept. The downstairs area can be either a family room or a bedroom or home office. John Simmons, the developer, had people asking for a dog run so we had the slider off the back strictly for at least those three people will have a dog run. The project was designed so the front retail is on the front. The picture view is at a 45 degree angle so the best frontage is at an angle to the intersection. If you are parked either on State Street or Carlsbad Village Drive, you will see that building because Giocoletti's has such a big back parking lot. If you look at the north elevation, we have added a lot of class to it so the retail wraps around the corner and then you do have the side entrance way. Even the two garages have awnings on them and will feel like a retail coming out but in reality it is a garage. We did pull the building back 9 feet so across the front elevation we have a nice recreation area for each unit, which is 9 feet by 20 something feet. The two side entries will be very easy to put signage on. For the upper left deck we can put numbers too as well as the two back units. We did leave landscaping at the front of each of those motor court courtyards. It isn't that dark except for the two middle doors that we can work out. On the first level, the plate line is up high for retail. The entries will be high into the motor court area. The main central deck is used to give it some quality space. Our intent was if there was a fire pit, it would be a portable one, not a permanent one. Even the barbeque would be a portable barbeque. The front units have patios on the front towards State Street. The back units have a good size patio that is also away from the central motor court landscape deck. The upper buildings have been increased in size so there is a nice patio in front of their space before the public space. We tried to make it look and feel like the retail is separated from the residential. This is a high quality project. We added the glass railing, which worked very well for John Simmons on his other projects. We are using a high quality slate roof. This building will be a classic, traditional type. Chairperson Heineman asked if there was stucco along the first floor. Mr. Richardson said stucco is from the bottom of the window up. Below the window is stone work, similar to what was used on the Anastasi project. It is a cream colored stone. Chairperson Heineman said the reason he was asking is that it looks the color of wet cement and I do not highly recommend it. Mr. Richardson commented that the color on the plans can vary from plan to plan. Board Member Schumacher said he had a question looking at the building cross section. When you were talking about the building height, what are the ceiling heights of the residential units inside? Mr. Richardson answered 12 feet on the bottom floor, 9 feet on the second floor and 8 feet on the top floor, but I would have to check the drawings. Board Member Lawson commented on the south elevation on the west end, there is the stairway coming down from the second level. I am curious about the space that looks like it is taller than that with the one cross hatched treatment. In my mind's eye I am projecting a staircase that is simply going at an angle down, but there is additional height in that room in there. Yet it is a blank wall. Is that blank along that area without much detail in anticipation that the adjacent property will be built right out to that very same DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 11 of 14 setback? Because if not, I think there is some detailing there that would be lacking should the adjacent property build out to that front setback? Mr. Richardson said we could take out some of the lower part on the right side of that cross hatch out to open the bottom of the stairs up. Some of that is storage inside. I would have to study the plans, but we probably could lower the left side some. Board Member Lawson said the darker area that is part of the commercial front portion, could you be able to add some additional relief or some detailing to that darker portion; whether it be some type of texture or treatment. That would help to break that darker flat plane that is right there. I think that is the area that is most vulnerable should the adjacent property not be all the way out at the full setback. Mr. Richardson said we could take a piece of the molding and create a design that brings it back and break that up. Board Member Lawson said it needs something just in case because we have no way of knowing where that adjacent property is in development. The majority of properties that we have been reviewing have not necessarily been built all the way out to the front setbacks. Many of them are setback 5 to 10 feet. Mr. Richardson said he has talked to the neighbor to the south. We have carefully shown everything to her all the way through to make sure there is a good relationship there. I have not gotten anything negative from her. We actually had that in the rendering, and then later when we added the lower band around the corner, we took the other band off. It would be very easy to add it back on. Board Member Lawson added that he would like to get some clarification on the second floors that are oriented towards the common area in the center, especially as it related to units 2 and 3, I am unclear as to the labeling on your site plan that labels a narrow little strip as a deck. How is that area to be anticipated? Mr. Richardson said the line is definitely the stairs from the upper floor, because we always show the relationship of each floor. Board Member Lawson asked Mr. Jones if he had the plan that shows the second floor, the, small portion off to the side. Mr. Jones answered unfortunately he doesn't have an exhibit to show that. Board Member Lawson said it does show up on that one exhibit where the plaza is. Mr. Jones said he does recall where there is a section where there are dotted areas coming out. Board Member Lawson said that is correct. Mr. Richardson said the computer puts it in as a beam. Board Member Lawson said for instance, unit 2 has a door that is going directly from the living room out into that deck area. Mr. Richardson said yes out into the courtyard. Board Member Lawson said Mr. Richardson had mentioned on the east side at the ground floor next to where the guest parking is that might be used for a dog run. I don't see any reference to any fencing or anything like that. Is there something being suggested or should the tenant or owner choose to put something up? You are suggesting something that could be portrayed to a prospective buyer that they can do that or use that as a dog run. If that is in deed an intent, then I think we need to make a DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 12 of 14 determination whether or not the fencing that would be needed for that will be appropriate, can be actually permitted or anything like that. I don't see it on the plans. Mr. Richardson said no, there wasn't any intent for that. I think if we put a higher wall up, our parking would be illegal to where we would need another foot. If you have parking with something on the side, then it is harder to get in and out of the car. At the very most, I would say a small, clear wall which is just a slight containment. We weren't intentially trying to do an area with six foot fences or anything like that. Board Member Lawson asked, so those won't be enclosed? Mr. Richardson said no, it wasn't intended for that. It was just intended to be a little victory area for the dog to find. In other developments, they have containers to put grass in out of their back patio. Board Member Lawson commented that the plans appear to show a stoop or a pad coming out from the unit. ' Mr. Richardson said by code any doorway that you step out, you must step out on to a concrete pad. You can't just step out in the dirt. Board Member Lawson added then it is intended to be used by those residents. Mr. Richardson said right, and the landscape plan calls that a ground cover that would be conducive to dogs or cats. Board Member Lawson as you heard my question initially with some concern about access into those southern units, 2, 3, 5 and 6, and concern about the path of travel and how a visitor would know how to get back in that area. On the previous project, and I know you were here in the audience, one of the things that was mentioned there were they used a separation of different types of paving materials to make it clear between that which was the commercial area versus the residential area. It was for purposes of making sure that people knew where they were going and staying within that. Is there anything that could be done to enhance the path of travel that the resident or the visitor to those residential units, could be able to help to navigate. That is an issue that is of great concern for me given that you need three votes here tonight. It is something that is very important. Mr. Richardson said they have tried to put in an enriched pavement in that motor court so it isn't a concrete or asphalt jungle. What we could do is at both of those middle entryways and also on the side, we could do sections of higher quality pavers. That could indicate entryways by adding that to it as well. Each entryway has got the enriched pavement and that is the entryways so it would be very easy for us to do. We could go to higher quality interlocking pavers. If you wanted, we could do the pavers all the way across. Board Member Lawson said if he is willing to work with staff through the refinement of this process, I can support from that standpoint. My concern is that it is a loss back in there. Those front doors could be lost back in there, and I don't think that is something we want to promote. Mr. Richardson said we try to keep a real high entryway that is wide with an oversized door and landscaping. Then, of course, if we take your idea of doing the pavers across, it will really dress it up. At each entryway we will definitely have a high quality chandelier or lantern. Board Member Schumacher commented regarding access to the parking garage in units 2 and 6, is there enough room to actually maneuver a large vehicle? Is there enough room to actually pull out of those garages, and I'm talking about the garages on the right, and back up? Mr. Richardson said we have a five foot additional back up from the edge of the garage back which is the minimum you need to make the turn coming back. DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 13 of 14 Board Member Schumacher said then if you parked way to the right, you would be able to back out without hitting those two trees to the right? Mr. Richardson said yes. Mr. Jones added that the vehicles in the slide are not to scale. I actually added those for affect. Board Member Lawson said he can support this project as long as we can be assured with respect to these additional enhancements that Mr. Richardson had provided. I would ask the Chair or the Director or Ms. Mobaldi whether or not we need to stipulate any further clarification of such in any motion. Chairperson Heineman asked will the minutes be sufficient. Ms. Mobaldi said for the concept of what you want, yes I think that is sufficient. You can probably do it satisfactorily through the Housing and Redevelopment Director. You do make them conditions of the approval if you want to make sure they get implemented. Board Member Lawson said with that in mind, I would want to see there are appropriate conditions provided to require special paving to help provide demarcation to the internal units. Chairperson Heineman said he can make that a portion of the motion approving the project. Ms. Mobaldi asked Board Member Lawson if he also wanted detail in the south wall. Board Member Lawson answered yes. I think that is also an important component in my support of this project. Chairperson Heineman asked if Ms. Mobaldi is writing that out. Ms. Mobaldi said she had notes that said additional detail on the south wall and enhance paving to entryways to the satisfaction of the Housing and Redevelopment Director. Chairperson Heineman asked Board Member Lawson if that would cover it? Board Member Lawson said that is perfect. Board Member Schumacher commented that when he first opened up the plans and they weren't in color, it is hard to see right away what all the materials. I thought we had another Laguna Point on the other side of State Street. After getting into it and really looking at it, I think it is a great project. I really like it. I think it is attractive. I think the variation of materials breaks up the architecture and gives some relief there. Now that I know that car isn't to scale, that helps. It is a great project. I like the patio concept. It is an efficient use of 12,200 square feet of land. Chairperson Heineman said he agrees with the Board. Board Member Schumacher made a motion that the Design Review Board adopt Design Review Board Resolution 309 recommending approval of RP 05-10 and adopt Design Review Board Resolution 310 recommending approval of CDP 05-42 and adopt Design Review Board Resolution 311 recommending approval of CT 05-02 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. Chairperson Heineman asked if he would also like to make it conditional upon the addition Ms. Mobaldi stated. Board Member Schumacher added, however, I would like to make it conditional upon the conditions. DESIGN REVIEW BOARD MINUTES JUNE 26, 2006 PAGE 14 of 14 Ms. Mobaldi said the two conditions I previously stated? Board Member Schumacher said yes. VOTE: 3-0-0 AYES: Heineman, Lawson, and Schumacher NOES: None ABSTAIN: None ABSENT: Baker and Marquez DIRECTOR'S REPORT Ms. Debbie Fountain added there will be another meeting July 24, 2006. We are planning on one or two projects. There still hasn't been any further updates on new members to the Design Review Board. The City Council is still interested in receiving applications from property owners in the Village area. If you know of anybody who might be interested, they can fill out an application with the City Clerk's Office and the Mayor and Council will take a look at that. ADJOURNMENT By proper motion, the Regular Meeting of June 26, 2006, was adjourned at 7:30 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk EXHIBIT 6 PARKING IN-LIEU FEE AGREEMENT if 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 fij^+JLAJ- 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and 3044 State Street, LLC, a California Limited Liability Company, (hereinafter referred to as the "Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 3044 State Street (APN: 203-297-04) 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 05-10), which provides conditional approval of a mixed- use development project consisting of six (6) condominium units and 1,875 square feet of commercial/retail space ("Project") on the subject property. B. Condition No. 27 of approved Design Review Board Resolution No. 309 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participant prior to the issuance of a building permit for the subject Project. Design Review Board Resolution No. 309 provides that the Program Participant pay a Parking In-Lieu Fee for a total of six (6) parking spaces which in effect purchases parking credits from the Carlsbad Redevelopment Agency. The Program Participant 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 Participant's obligation for providing six (6) on-site parking spaces for the land covered by Major Redevelopment Permit No. 05-10 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 05-10, including Condition No. 27 listed in Design Review Board Resolution No. 309. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of six (6) parking spaces as established by the Commission, and, as required by Condition No. 27 of Design Review Board Resolution No. 309. the fee shall be paid prior to the Program Participant receiving a building permit for the subject Project. The fee shall be the sum total of the fee per parking spaces needed (6) to satisfy the Project's parking requirement. (c) The Program Participant 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 Participant have exclusive use of any public parking spaces. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant 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 05-10 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of six (6) parking spaces. 3. REMEDIES Failure by the Program Participant 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. 27 of Design Review Board Resolution No. 309. 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 Participant 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 Participant'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 PARTICIPANT: 3044 State Street LLC 539 Carlbad Village Drive #100 Carlsbad. CA 92008 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 six (6) parking spaces for the subject Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the subject project as described in Attachment A to this Agreement. 9. JURISDICTION Program Participant 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 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 ai effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT Property Owner 3044 State Street LLC (Print Name/Title) By:. (Sign Here) (Print Name/Title) COMMISSION Attest: t&SV^ Raymond R. Patchett, Secretary^ ConJrmSs5SS»BUSHED \\'^r ~ 5 • : co ' ~£\ 1970 /|. (Proper notarial acknowledgment of execution by Program Participant 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^BALJ_, City Attorney BY: JanVMobaldi, Assistat City Attorney 2/26/99 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3044 State Street Assessor Parcel No.: 203-297-04 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, December 9, 1919. 2/26/99 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of County of On .before me,_ 'Date ' personally appeared <F *"-*. Name, title - e.g., John Doe, Notary Public Name(s) of Signers(s) Q Personally known to me OR QTProved to me on the basis of satisfactory evidence to be the person(J0 whose namete) is/ajfe subscribed to the within instrument and acknowledged to me that he/s^e/tkey executed the same in his/hdr/tt)eir authorized capacity(i^s), and that by his/ her/their signature^) on the instrument the person^, or the entity upon behalf of which the personis) acted, executed the instrument. Witness my hand and/official seal. DAREN VA.S.S••ilAftY^U'Sl&On^Mi/fBipV." -'=f - r-i '••'^/•flV ^U<Sl!C-G>! <r:--fl\l!fS;,\^ &<-?: OOMW.NO. ;-i.s'"r>6 • | V:K:VfV V/^P^G6G#WTY » I .„ j*i^-*-' W -'-*tM. EXf= N6V 3, 20061 re of Notary OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: INDIVIDUAL CORPORATE OFFICER(S) Title(s) G PARTNER Q LIMITED Q GENERAL • G ATTORNEY-IN-FACT Q TRUSTEE(S) G GUARDIAN/CONSERVATOR Q OTHER: NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER is REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE: Limited Liability Corporate Resolution Of 3044 State Street LLC An unnoticed meeting of the Managing Director was called for the purpose of authorizing the execution of the City of Carlsbad Housing and Redevelopment Commission Parking-ln-Lieu Fee Program Participation Program. Present at the meeting was L. John Simons and Edward Fukumoto via the phone. On Motion duly made, seconded and unanimously carried, the following resolution was adopted: WHEREAS, the above Parking-ln-Lieu Fee Program Participation Program needs to be approved and signed by the above LLC Corporation to proceed with the entitlement and development of the subject site. NOW, THEREFORE, BE IT RESOLVED, that the Agreement be executed and notarized and returned to the Redevelopment Agency. Dated: July 3, 2006 Director and President From: D. Patrick Hurlev At: Marrs Maddocks & Associates FaxlD: To: Marilvn Strona Date: 8/15/2006 12:43 PM Paae: 1 of 1 Fax Doing it right, right now. Its our policy. From the Desk of: Marrs Maddocks & Associates Company: D. Patrick Hurley Phone: (760) 804-0402 Fax: (760) 804-0942 Email: License Number: 0818269 To: Marilyn Strong Company: City of Carlsbad Phone: ( ) - Fax: (760) 720-9461 Pages: 1 Date: 8/15/2006 12:43:48 PM Subject: 3044 State Street Development Message: Carlsbad Council Members: AGENDA ITEM #. c: Mayor City Council City Manager City Attorney City Clerk I have recently become aware of a proposed project that I feel will greatly enhance the Village. I'm referring to the 3044 State Street Development As a Carlsbad citizen and businessman I am encouraged by the impact that redevelopments like this one will have on the overall improvement of the Village^ I urge you to allow the completion of this project. Thank you for your leadership, service and commitment to Carlsbad. Respectfully, Pat Hurley Vice President Marrs Maddocks & Associates 8EECStEQWIE AUG 1 5 2006 CITY OF CARLSBAD CITY CLERK'S OFFICE f"N\ y/ - c c_ Marrs, Maddocks and Associates Insurance^ Wright Place, Suite 280 Carlsbad, CA 92008 or entity to whom it is addressed. If you have received State Street Mixed UseHousing & Redevelopment CommissionAugust 15, 2006 Location MapSI T E SITESITE Subject Property Commercial to the North Public Parking Lot to the West Commercial Businesses to the South Auto Repair Shop to the East Three-Story 14,941 sq. ft. Mixed-Use Project1, 875 sq. ft. of commercial spacezRetail close to the streetzDecorative exterior6 condominium unitsz1,922 - 2,387 sq. ft.z3-bedroom, min 2-bathsz2ndStory Common Recreational Areaz2-car garagesFrontage along State Street. Access off of State Street through Oak Avenue Alley.Proposed Development Building CoverageRequired: 60%-80%Proposed: 61.6%HeightRequired: 45’ w/ min 5:12 roof pitchProposed: 37’-2” w// 5:12 roof pitchOpen Space Required: 20%Proposed: 21.4%ParkingRequired: 21 spaces (15 residential spaces + 6 commercial spaces)Proposed: 15 spaces (15 residential + 6 In-Lieu Fee Program spaces)Standards ComplianceSetbacks Proposed:Front: 0 feet 1S. Side: 0 feet 2N. Side: 5 feetRear: 0 feet 31 Upper levels stepped back 9 ft 2 5-foot average setback3 Building setback 11’-2” Project DesignREARFRONT Interior Motor Court - EASTProject DesignInterior Motor Court - WEST Project DesignSOUTHNORTH (ALLEY SIDE) Proposed Project Meets Goals of District 1:Provides desirable useServe as catalyst for future developmentDevelopment of an underutilized lotAttract additional visitor-serving commercial usesIncreases 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.