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HomeMy WebLinkAbout2006-11-21; Housing & Redevelopment Commission; 393; Roosevelt PlazaHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL 1 393 11/21/06 DEPT. H/RED ROOSEVELT PLAZA RP 06-02 DEPT. HEAD/gg? CITYATTY. CITY MGR. RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 431 , APPROVING a Major Redevelopment Permit (RP 06-02) for the construction of a mixed-use development project consisting of four (4) apartment units and 2,170 square feet of commercial (retail/office) space on the property located at 3135 and 3147 Roosevelt Street in Land Use District 5 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1 as recommended by the Design Review Board. ITEM EXPLANATION: On September 25, 2006, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit for a two-story mixed-use project consisting of four (4) apartment units and 2,170 square feet of commercial (retail/office) space in Land Use District 5 of the Carlsbad Village Redevelopment Area. The subject property totals 10,493 square feet and contains a single-family residence and a one-story commercial building, which are proposed to be demolished in order to accommodate the proposed project. The subject property is bordered by the Boys and Girls Club building to the north, a millwork use across Tyler Street to the west, a one-story single family residence to the south, and a two-story commercial building sits on the property across Roosevelt Street to the east. Surrounding uses are predominantly residential with scattered commercial uses along Roosevelt Street. The proposed project involves the construction of a two-story building consisting of one-story of residential apartments located over aboveground parking and commercial space. There are four (4) units total varying in size from 960 square feet to 1,220 square feet. The building has an appealing building frontage incorporating attractive materials such as decorative iron gates, tile work, rosettes, and decorative lighting that all add to the attractive Spanish-styled facade, which help to enhance the street scene along Roosevelt Street. The commercial portion of the building is set near Roosevelt Street to encourage retail activities and the residential units above are setback further in order to reduce the massing of the building along Roosevelt Street and to provide privacy. Empty walls are broken up with multi-paned windows, architectural banding, varied stucco colors, tile work, lighting, and archways. Parking is contained within the structure and at the rear of the building screened from public view. The project includes extensive landscaping within and around the project, decorative paving at commercial entries, a pleasant architectural design consistent with the Land Use District, and an attractive commercial facade. Vehicular access to the site is provided at the rear off Tyler Street. DEPARTMENT CONTACT: Cliff Jones 760-434-2813 ciones@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Da D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 At the public hearing, the Design Review Board members voted unanimously (4-0-1), with Hamilton abstaining, 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 three (3) parking spaces. The approving resolution along with the [Design Review Board staff report and the draft minutes of the September 25th 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 $707,472. With the new construction, it is estimated that the assessed value will increase to approximately $2.2 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $14,925 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. 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. 431 . APPROVING RP06-02 and a Parking In-Lieu Fee Participation Agreement between the Commission and Roosevelt Plaza, LLC, property owners at 3135 & 3147 Roosevelt Street in the Village Redevelopment Area. 2. Design Review Board Resolution No. 314 dated September 25,2006. 3. Design Review Board Staff Report dated September 25,2006, w/attachments. 4. Design Review Board Minutes, dated September 25,2006. 5. Parking In-Lieu Fee Participation Agreement between the Commission and Roosevelt Plaza, LLC. 1 2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 431 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP06-02 FOR THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT 5 CONSISTING OF FOUR (4) APARTMENT UNITS AND 2,170 SQUARE FEET OF COMMERCIAL (RETAIL/OFFICE) SPACE ON THE 6 PROPERTY LOCATED AT 3135 & 3147 ROOSEVELT STREET IN LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE 7 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 AND APPROVING A PARKING-IN-LIEU FEE 8 PROGRAM PARTICIPATION AGREEMENT BETWEEN THE COMMISSION & ROOSEVELT PLAZA, LLC. 9 APPLICANT: PATRICK M. NORMAN CASE NO: RP 06-02 10 : 1 WHEREAS, on September 25, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 06-02) for the construction of 13 mixed-use development project consisting of four (4) apartment units and 2,170 square feet of 14 commercial (retail/office) space on the property located at3135&3147 Roosevelt Street, and adopted Design Review Board Resolutions No. 314 recommending to the Housing and Redevelopment 16 Commission that Major Redevelopment Permit (RP 06-02) be approved; and 17 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date 18 of this resolution held a duly noticed public hearing to consider the recommendation and heard all 19 persons interested in or opposed to Major Redevelopment Permit (RP 06-02); and 20 WHEREAS, the recommended Design Review Board approval includes findings establishing 21 the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and 22 WHEREAS, the recommended Design Review Board approval includes findings granting 23 participation in the Parking In-Lieu Fee Program for a maximum of three (3) parking spaces; and 24 WHEREAS, as a condition of approval of Major Redevelopment Permit 06-02, the 25 Commission and Property Owner agreed to enter into an agreement to allow the Property Owner to 26 participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of the on- 27 site parking requirement for the subject project; and 28 HRC RESO NO. PAGEl 1 2 WHEREAS, the Property Owners have agreed, by acceptance of the project conditions of 3 approval, to pay the established Parking In-Lieu Fee for a total of three (3) parking spaces to satisfy a 4 portion of the on-site parking requirement for the approved mixed-use project located at 3135 & 3147 5 Roosevelt Street within the Village Redevelopment Area of the City; and 6 WHEREAS, the Commission finds that the subject property and project has qualified to 7 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and participation in 8 the program will satisfy a maximum of three (3) of the required parking spaces for the subject mixed- 9 use proj ect on the noted property at3135&3147 Roosevelt Street; and 1" WHEREAS, the Commission has determined that the proposed project is consistent with the 1' goals and objectives of the Village Master Plan and Design Manual; and WHEREAS, the Commission has determined that there is adequate public parking available within the Village Redevelopment Area to accommodate a portion of the subject project's parking demands; and WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this Parking In-Lieu Fee Participation Agreement; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant 18 to the Guidelines for Implementation of the California Environmental Quality Act and the 19 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically 20 exempt from the requirement for preparation of environmental documents pursuant to Section 15332 21 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an 22 urbanized area that has no habitat value and is served by adequate facilities. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 24 Commission of the City of Carlsbad, California as follows: 25 1. That the foregoing recitations are true and correct. 26 2. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 27 analyzed and considered the environmental determination for this project and any 28 HRC RESO NO. PAGE 2 1 2 comments thereon. 3 3. The Housing and Redevelopment Commission finds that: 4 (a) The project is consistent with the applicable general plan designation and all 5 applicable general plan policies as well as with applicable zoning designation and regulations; 6 (b) The proposed development occurs within city limits on a project site of no more 7 than five acres and substantially surrounded by urban uses; ° (c) The project site has no value as habitat for endangered, rare or threatened species; ^ (d) Approval of the project would not result in any significant effects relating to ' traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. The Housing and Redevelopment Commission finds that the environmental determination reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 14 4. That Major Redevelopment Permit (RP 06-02) is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 314, on file in the City Clerk's 16 Office and incorporated herein by reference, are the findings and conditions of the Housing and 17 Redevelopment Commission; and 18 5. That this action is final the date this resolution is adopted by the Housing and 19 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time 20 Limits for Judicial Review" shall apply. 21 NOTICE TO APPLICANT: 22 "The time within which judicial review of this decision must be sought, or other exactions hereafter 23 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 24 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 25 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 26 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 27 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." 28 HRC RESO NO. PAGE 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 21st day of November, 2006, by the following vote: AYES: Commission Members Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: Commission Member Hall \\o»'"//,.ATTEST . PATCHETT, Secretary DESIGN REVIEW BOARD RESOLUTION NO. 314 DATED SEPTEMBER 25, 2006 1 DESIGN REVIEW BOARD RESOLUTION NO. 314 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 06-02 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF FOUR (4) APARTMENT UNITS AND 2,170 SQUARE FEET OF COMMERCIAL (RETAIL/OFFICE) SPACE ON THE PROPERTY 6 LOCATED AT 3135 AND 3147 ROOSEVELT STREET IN LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA 7 AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ROOSEVELT PLAZA 8 APN: 204-085-02-00 & 204-085-03-00 9 CASE NO: RP 06-02 10 WHEREAS, Patrick M. Norman, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Roosevelt Plaza, 13 LLC, "Owner", described as Assessor Parcel Number 204-085-02-00 & 204-085-03-00, and *4 more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-E" dated September 25,2006, on file in the Housing and Redevelopment 17 - _ Department, "Roosevelt Plaza RP 06-02", as provided by Chapter 21.35.080 of the Carlsbadlo 19 Municipal Code; and 20 WHEREAS, the Design Review Board did on the 25th day of September, 2006, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to24 25 "Roosevelt Plaza RP 06-02." 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 Roosevelt Plaza RP 06-02, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 4 : ~ r 1. The Housing & Redevelopment Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact 6 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 7 Guidelines as an infill development project. In making this determination, the Housing & Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein and the 10 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 12 in the staff report dated September 25,2006 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 14 residential use and commercial (office/retail) use in an appropriate location l<- within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and encourages greater residential support 16 opportunities in the Village. By providing more residential and commercial opportunities, the project helps to create a lively, interesting social environment 17 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 19 providing the new residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass 20 transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street 2* presence with attractive architectural features, large windows along the 22 commercial street frontage for storefront gazing, outdoor decks looking out over the street and visually subordinate parking. Overall, the mixed-use project will 23 enhance the Village as a place for living and working. 24 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 26 establishes the Village as a quality shopping, working, and living environment by providing for a multi-family product which serves to increase the type of 27 housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area by providing residential units in close proximity to both bus and rail mass transit 3) DRBRESONO. 314 -2- it stimulates property improvements and new development in the Village by 2 providing for an appropriate intensity of residential development and commercial (retail/office) development that may serve as a catalyst for future 3 redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing older structures with an aesthetically pleasing building with 4 attractive landscaping. c. The project as designed is consistent with the development standards for Land 6 Use District 5, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 7 d. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be 9 improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public 10 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 11 management practices" for the elimination and reduction of pollutants which .,, enter into and/or are transported within storm drainage facilities. 13 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 14 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. I/- 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 17 fire protection and other safety standards. 18 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 20 conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) units. 21 3. The Design Review Board hereby finds that the appropriate residential density for the project is RH (15-23 dwelling units per acre), which has a Growth Management Control Point 23 (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density designation is as follows: 24 a. The density is compatible with the surrounding area, which contains a variety of 25 uses including commercial/retail 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, 27 and would be compatible with the mixture of surrounding uses. 28 DRBRESONO. 314 -3- 10 b. The RH General Plan density designation serves to satisfy the goals of the 2 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The high 3 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. c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 5 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). 7 High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve ° regional issues such as reduced traffic congestion and improved air quality. 9 4. The Design Review Board finds that the RH residential density is in conformance with the 10 Elements of the City's General Plan based on the facts set forth in the staff report dated September 25,2006, including but not limited to the following: 11 a. Land Use - The project is consistent with the City's General Plan since the proposed density of 16.7 du/ac is within the density range of 15-23 du/ac specified for the site 13 as indicated in the Land Use Element of the General Plan. The project's proposed density of 16.7 du/ac is below the Growth Management Control Point density (19 14 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These 17 excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. 20 b. Circulation - The project will take access off of Tyler Street and is conditioned to provide all necessary street improvements. On-site circulation consists of 24 foot 21 wide drive aisle that will accommodate the 12 on-site parking spaces designed in accordance with City standards.22 * 23 c. Noise - The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Eilar Associates. 24 d. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the as the Developer has been 9 , conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) units. 27 5. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. 28 The project includes elements or has been conditioned to construct or provide funding to DRBRESONO. 314 -4- M ensure that all facilities and improvements regarding: sewer collection and treatment; water; 2 drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to 3 serve new development prior to or concurrent with need. Specifically, 4 a. The project has been conditioned to ensure that building permits will not be <- issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service 6 remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they 7 apply to sewer service for this project. o b. All necessary public improvements have been provided or are required as 9 conditions of approval. 10 c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation to provide school 11 facilities. 12 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 13 will be collected prior to the issuance of building permit. 14 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. 15 6. The project is consistent with the City's Landscape Manual. 17 7. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree , o of the exaction is in rough proportionality to the impact caused by the project. 20 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking 21 requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: 23 a. The project is consistent with the Carlsbad General Plan because it provides for a commercial (retail/office) use in an appropriate location within the Village. 24 The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale 25 through adherence to the land use regulations and design guidelines set forth for ~t- the area.2o 27 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 28 for Land Use District 5 through the following actions: 1) the project provides DRBRESONO. 314 -5- permitted commercial (retail/office) space in a new structure; 2) the building is 2 designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found hi residential projects; and 3) the 3 project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 4 c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated in August of 6 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 7 because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. o d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. 10 GENERAL CONDITIONS:11 , ~ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 13 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 14 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented and maintained according to their terms, the 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 17 under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said * ° conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 23 development different from this approval, shall require an amendment to this approval. 24 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. 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 27 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 28 DRBRESONO. 314 -6- unless the Housing and Redevelopment Commission determines that the project 2 without the condition complies with all requirements of law. 3 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 all ,- liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's 6 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 7 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other 9 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. 10 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the 12 conditions approved by the final decision making body. 13 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 14 format. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 16 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 17 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 19 Plan prior to the issuance of building permits. 20 10. Approval is granted for Major Redevelopment Permit RP 06-02 as shown on Exhibits A-E, dated September 25, 2006, on file in the Housing and Redevelopment 2 Department and incorporated herein by reference. Development shall occur substantially 22 as shown unless otherwise noted in these conditions. 23 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 24 12. Building permits will not be issued for the project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate 26 water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities 27 will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. DRBRESONO. 314 -7- 1 HOUSING CONDITIONS; 2 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 3 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as 4 an individual fee on a per market rate dwelling unit basis in the amount in effect at the 5 time, as established by City Council Resolution from time to time. 6 LANDSCAPE CONDITIONS: 7 14. The Developer shall submit and obtain Housing & Redevelopment Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and 9 install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. All landscape 10 shown on the approved plans may not be removed or altered without written permission of the City. Trees must be maintained in such a manner as to preserve the natural form of the species. Topping of trees is not allowed. 12 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 13 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 14 16. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 16 17. All utilities shall be screened from public view. Landscape construction drawings 17 shall show and label all utilities and provide appropriate screening. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with existing trees and trees located on the landscape 19 plans. 20 MISCELLANEOUS CONDITIONS: 21 18. 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 23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 25 26 19. 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 27 recreational facilities. 28 NOTICING CONDITIONS: DRBRESONO. 314 -8- 1 2 20. 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 3 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. 314 on the real property owned by the Developer. Said Notice - of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 6 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. o 9 ON-SITE CONDITIONS: 10 21. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 12 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment 13 Director. 22. No outdoor storage of material shall occur onsite unless required by the Fire Chief. , c 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 16 comply with the approved plan. 23. The developer shall submit and obtain Housing & Redevelopment Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 19 24. All roof appurtenances, including air conditioners, shall be architecturally integrated and 20 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 22 25. Prior to issuance of the building permit, the Developer shall enter into a Parking In- 23 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking . , spaces needed to satisfy a portion of the commercial (retail/office) component of the project's parking requirement (4 spaces total). 26 26. Prior to the issuance of a grading permit, Developer shall enter into and record a 27 joint use parking agreement to the satisfaction of the Housing & Redevelopment Director between the concerned uses at 204-085-02 & 204-085-03 for the joint use of two parking spaces. DRBRESONO. 314 -9- 1 2 27. The project shall have a master cable television hookup. Individual antennas shall not be permitted. 3 28. There shall be separate utility systems for each unit.4 , 29. Building materials identified in acoustical study prepared by Eilar Associates shall be used in the building construction in order to reduce noise levels to an acceptable 6 level. 7 30. Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. 8 9 STANDARD CODE REMINDERS; 10 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. Fees 31. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 14 32. 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,lo 17 General 18 33. 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 building permit issuance, except as otherwise specifically provided herein. 20 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 21 Code Section 18.04.320. 22 35. Any signs proposed for this development shall at a minimum be designed in conformance _. with the approved plans and the sign criteria con tamed in the Village Redevelopment Master Plan and Design Manual and shall require review and approval 24 of the Housing & Redevelopment Director prior to installation of such signs. 25 ENGINEERING CONDITIONS: 26 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a building or grading permit whichever 28 occurs first. DRBRESONO. 314 -10- 1 2 General 3 36. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 37. 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. 7 38. Developer shall install sight distance corridors at all street/driveway intersections in accordance with Engineering Standards.8 39. An adjustment plat through certificates of compliance shall be processed and approved via application to the City to consolidate Lots 22, 23 and 24 into one lot 10 and to adjust the northerly lot line of Lot 22 to reflect the exception of 0.67 feet as described in the legal description. Fees/Agreements 13 40. 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 14 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. 17 Grading 41. 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 obtain a grading permit from the City Engineer prior to issuance of a building permit for the 20 project. 21 Dedications/Improvements 42. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 24 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 25 and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 27 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 28 hazardous waste products. DRBRESONO. 314 -11- 1 2 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such 3 fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet _ Federal, State, County and City requirements as prescribed in their respective containers. 6 C. Best Management Practices shall be used to eliminate or reduce surface pollutants 7 when planning any changes to the landscaping and surface improvements. g 43. 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 10 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 or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the 13 SWMP shall: 14 a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 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; d. establish specific procedures for handling spills and routine clean up. Special 1 ° considerations and effort shall be applied to resident and 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 20 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 44. Prior to building permit or grading permit issuance, whichever occurs first, Developer 23 shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards 24 due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 27 Special Conditions 28 DRBRESONO. 314 -12- 45. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 2 the site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal 3 Code, respectively. Carlsbad Municipal Water District 46. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 7 satisfaction of the District Engineer. Q 47. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 10 maintenance, access and/or joint utility purposes. 48. 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. 13 49. The Developer shall design and construct public water and sewer facilities substantially 14 as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 50. 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 17 determined that adequate water and sewer facilities are available at the time of occupancy. 18 51. Unless otherwise approved by the district engineer, the water mam shall be removed and replaced between joints with a ductile/cast iron fitting and PVC to 20 accommodate installation of the proposed fire hydrant assembly per Carlsbad Municipal Water District Standard W12. Note 11 of sheet 2 of the preliminary 21 grading plan shall be revised to reflect this standard on the final construction drawings and approved site plan. A "wet" or "hot" tap is not permitted. 23 24 25 26 27 28 DRBRESONO. 314 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 25th day of September, 2006 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: BAKER, HEINEMAN, LAWSON AND SCHUMACHER NONE NONE HAMILTON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 314 -14- DESIGN REVIEW BOARD STAFF REPORT DATED SEPTEMBER 25,2006 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 7/12/2006 David Rick Environmental Review: Categorical Exemption ITEM NO. 2 DATE: September 25, 2006 SUBJECT: RP 06-02 "ROOSEVELT PLAZA": Request for a Major Redevelopment Permit, to allow the construction of a mixed-use development project consisting of four (4) apartment units and 2,170 square feet of commercial (retail/office) space on the property located at 3135 and 3147 Roosevelt Street in Land Use District 5 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 314 recommending APPROVAL of RP 06-02 based on the findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation greater than $150,000. In accordance with redevelopment permit procedures, the permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The Design Review Board is being asked to hold a public hearing on the permit requested, consider the public testimony and staffs recommendation on the project, discuss the project and then take action to recommend approval or denial of the project, with the following request: 1) participation in the Parking In-Lieu Fee Program for a maximum of three parking spaces. The proposed project is not located within the Coastal Zone; therefore a Coastal Development Permit is not required. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Patrick Norman, has requested a major redevelopment permit to allow the construction of an 8,445 square foot mixed-use project consisting of four (4) apartment units and 2,170 square feet of commercial space. The subject property totals 10,493 square feet and is located at 3135 and 3147 Roosevelt Street in Land Use District 5 of the Carlsbad Village ROOSEVELT PLAZA SEPTEMBER 25,2006 PAGE 2 Redevelopment Area. The existing structures on-site include a single-family residence, a one- story commercial building, and shed which are all proposed to be demolished in order to accommodate the new building. The subject property is bordered by the Boys and Girls Club building to the north, an auto repair shop across the alley to the west, a one-story single family residence to the south, and a two-story commercial building sits on the property across Roosevelt Street to the east. The two-story building consists of one story of residential apartments located over aboveground parking and commercial/retail space. There are four (4) units, a one bedroom unit totaling 880 square feet, and three two-bedroom units varying in size from 960 square feet to 1,220 square feet. The building has a pleasant architectural design with an appealing building frontage incorporating attractive building materials such as decorative iron gates, tile work, rosettes, and decorative lighting that all add to the attractive Spanish-styled facade. The commercial portion of the building is set near the street to encourage retail activities and the residential units above are setback further in order to reduce the massing of the building along Roosevelt Street and to provide privacy. Empty walls are broken up with multi-paned windows, architectural banding, varied stucco colors, tile work, lighting, and archways. Parking is contained within the structure and at the rear of the building screened from public view. Vehicular access to the site is provided at the rear off Tyler 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/office) use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential and commercial opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the new residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's 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 attractive architectural features, large windows along the commercial street frontage for storefront gazing, outdoor decks looking out over the street, and visually subordinate parking. Overall, the mixed-use project will enhance the Village as a place for living and working. ROOSEVELT PLAZA SEPTEMBER 25, 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 within clear walking distance to District 1, the retail and commercial core of the Village Area, the visitor-serving commercial uses of District 9, and the mixed use area of District 5. The new residences will increase the number, quality and diversity of housing units within the Village, particularly those in proximity to transit, shopping and employment for those people seeking to reside in the downtown area. The proposed commercial space will serve the new residents, existing residents, visitors, and 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 Tyler Street eliminating any pedestrian/vehicular conflicts along Roosevelt Street where the commercial storefronts are proposed. Additionally, the proposed project will be in close proximity to both bus and rail mass transit options and will thus encourage and promote the use of mass transit, further improving vehicular circulation in the Village. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. Two of the objectives of this goal are to increase the intensity of development and to encourage mixed-use development projects in the Village. The proposed project will specifically accomplish both of these objectives. In addition, the proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Hispanic Mixed-Use Support District (Land Use District 5) by providing for an appropriate intensity of residential development and commercial development that is compatible with surrounding area. Staff sees the development of the subject property as an additional catalyst for further redevelopment along Roosevelt Street. Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is visually appealing. The architecture of the new structure meets the requirements of the design guidelines for the Village. The new structure is two stories, and is stepped back from the property lines, which is intended to respect adjacent and surrounding properties. Construction of the proposed project will reinforce the Village character with appropriate site planning and architectural design and materials that comply with City standards and requirements. In addition, the proposed project will establish a commercial use with scale and character that is appropriate for the neighborhood. ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGE 4 VI. CONSISTENCY WITH VILLAGE LAND USE PLAN The site of the proposed project is located within Land Use District 5 of the Village Redevelopment Area. All types of retail businesses are permitted within this land use district, with an emphasis on shops and commercial uses to meet the needs of the local neighborhood and City population. Mixed use projects are permitted within Land Use District 5 on a provisional basis because they include a multi-family component, which is a provisional use within District 5. Considerations that must be addressed are: 1) that the multi-family residential use is appropriate to the site and adjacent development, and 2) that the site is adequate in size and shape to accommodate required on-site parking without adversely affecting the visual environment of the Village. Staff concludes that the proposed project complies with both of these considerations. First, the multi-family use is consistent with the adjacent land uses which include multi-family residences to the south and east along Roosevelt Street and a one-story commercial building to the west. Second, due to the high number of residential uses in the vicinity along Roosevelt Street, a residential product on the subject property is believed to be appropriate for the area. Finally, staff has determined that the site is adequate in size and shape to accommodate the required on-site parking for the multi-family component of the project. The required commercial parking is provided on-site and provided through participation in the Parking-ln-Lieu Fee program as permitted within the Village Redevelopment Master Plan and Design Manual. In addition, mixed use projects within District 5 have a specific condition that all ground floor space be devoted to commercial/retail uses. Staff concludes that the proposed project complies with this condition because the ground floor is dedicated to 2,170 square feet of leasable commercial space and related parking. No residential space is provided on the ground floor. Location and development criteria that must be assessed for provisional multi-family projects within District 5 are that; 1) residential and parking uses should not displace desired retail uses or lessen active street frontage, 2) sites should accommodate parking requirements on-site or below grade, 3) residential units should not be placed in proximity to health hazards, 4) provision should be made to buffer train noise, and 5) multi-family housing located near the rail station should be constructed as part of a mixed-use development project. Staff concludes that the proposed project complies with the criteria for the following reasons. First, the proposed residential portion of the project will not displace desired retail space or lessen retail activity along Roosevelt Street because the residential use is located on the second-story where retail uses are not a desirable location. Additionally, the required parking is located towards the rear of the site where it will not displace or lessen retail activity along Roosevelt Street. Second, the site accommodates the required parking through on-site parking and through participation in the Parking-ln-Lieu Fee program as permitted within the Village Redevelopment Master Plan and Design Manual. Thirdly, the adjacent land uses do not contain known health hazards and therefore will not subject the future residents of the proposed project to any potential health problems. Fourthly, the proposed project is east of the train tracks, has buildings in between the proposed project and the tracks, and the project includes double paned windows and air-conditioning which all help to buffer noise from nearby passing trains. Lastly, the multi-family portion is part of the proposed mixed-use project. The overall vision for the development of District 5 (Hispanic Mixed Use Support Area) is to accommodate a mixture of commercial and residential uses relating to Land Use District 1, ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGES while also serving the special needs of the adjacent Barrio Neighborhood. The development standards promote individual buildings set back from the street and surrounded by landscaping. Staff believes that the proposed mixed-use project assists in satisfying the goals and objectives set forth for Land Use District 5 through the following actions: 1) the project provides a new mixed-use development that will improve the physical appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects such as ample building setbacks and an abundance of landscaping. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 5 are as follows: Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and. side yard setbacks for the property. In Land Use District 5, the required front yard setback is 5-10 feet for commercial building frontage and 5-20 feet for residential building frontage. The required side yard and rear yard setbacks are 5-10 feet. All setbacks are measured from property lines. The front yard setback of the proposed building is 5' 2" feet from the front property line for the commercial (office/retail) component of the project. The upper level residential component of the building is setback 10'-8". The south side yard setback is set at 5' 2" feet and the north side yard setback is set at 5' 2" feet. The rear of the building is located 53' 5" from the rear property line with a rear yard setback of 6 feet. 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 reductions 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 Roosevelt 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. 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 blighted structures with a visually appealing project that has scale and ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGE 6 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/retail 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 5. Building Coverage: The range of building footprint coverage permitted for mixed use projects in Land Use District 5 is 60% to 80%. For the proposed project, the building coverage is 46.9% which is below the established range. While the bottom of the range is considered the desired standard a variance is not required for building coverage that is below the standard range. Therefore, the building coverage is in compliance with the established standard and the lesser coverage allows for ample parking and recreational areas. Building Height: The height limit for Land Use District 5 is 30 feet with a minimum 4:12 roof pitch. The project proposes a maximum roof height of 30 feet and a roof pitch of 4:12. The building height is in compliance with the established standard set forth in the Village Master Plan. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Per the Village Master Plan (which supercedes all other regulatory documents), open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, and/or patios. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building, and balconies. The project provides for a total of 3,010 square feet of open space, which represents 28.7% of the site and is consistent with the open space requirement. Parking: The parking requirement for the multi-family (apartment) portion of the project is one and a half standard spaces per one bedroom apartment unit, two standard spaces per two or more bedroom apartment unit, and Vz parking spaces per apartment unit for apartment guests. The parking requirement for the commercial (retail/office) portion of the project is 1 parking space per 300 square feet of gross floor space. As a result, the parking requirement for the 4 proposed units and the 2,170 square foot commercial/retail space is 17 parking spaces. The project provides 4 covered spaces contained within the building and 8 uncovered spaces behind the rear of the building for a total of 12 on-site parking spaces. The 12 spaces will not be visible from the public street as the spaces are contained entirely within garages or behind the rear building. The 2 required guest parking spaces are proposed to have a shared parking arrangement with the on-site commercial (retail/office) parking component of the project. The project applicant is requesting participation in the Parking-ln-Lieu Fee program for the 3 remaining required commercial (retail/office) spaces for a total fee of $33,720 ($11,240 per space). ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGE? Parking-ln-Lieu Fee Program The fees collected from the Parking In-Lieu Fee Program are deposited into an earmarked, interest bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Redevelopment Area. For the purposes of determining participation in the program, the Village has been divided into two parking zones - Zone 1 and Zone 2. A property/business owner is eligible to participate in the in-lieu fee program according to the parking zone in which a given property is located and its proximity to an existing or future public parking lot. The subject property is located within Zone 2. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In- Lieu Fee payment for up to fifty percent (50%) 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 three (3) parking spaces or 43% 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 5 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 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. ROOSEVELT PLAZA SEPTEMBER 25,2006 PAGES 3. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study completed in August of 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 three (3) parking spaces. Joint Use Parking Agreement The project includes a request to allow for the joint use of parking between the required guest residential parking and the required commercial (retail/office) parking. Joint use parking may be authorized under specific conditions outlined within the Carlsbad Municipal Code. Pursuant to Section 21.44.050 (4) of the Carlsbad Municipal Code, up to fifty percent of the required parking facilities for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use and vice versa. The applicant is requesting for 23.5% (4/17) of the required parking facilities to be provided as a joint use. The parking ordinance identifies the commercial (retail/office) as a use that can be classified as primarily a "daytime" use. Residential guests are not specifically identified in the ordinance as a nighttime use. However, most guests are expected to arrive at the residences in the evening hours when residents are returning home from work when offices and retail stores are not open or on the weekend when the office and retail stores are closed and guests come to visit residents who have the weekends off from work. Staff expects the greatest demand for guest parking will occur during the evening hours and on weekends and the greatest demand for office/retail parking will be during the work week during daytime hours and therefore the operating hours of the uses are not anticipated to have a substantial conflict. Other conditions necessary for allowing for the joint use of parking include that the concerned parties concerned in the joint use of parking must be located within 300 feet of one another (as stipulated within the Village Master Plan) and that a joint use agreement shall be executed between the two parties. All of the above required conditions exist for this project. The parking is located on the same site, the principal operating hours of operation of both uses do not have a substantial conflict, and the project is conditioned to enter into and record a joint use parking agreement prior to the issuance of a grading permit. Staff therefore recommends allowing the joint use of parking between the guest residential use and the commercial (retail/office) use. If the Housing and Redevelopment Commission grants participation in the Parking In-Lieu Fee Program and allows the use of joint use parking the project will satisfy its parking requirement as set forth in the Village Redevelopment Master Plan. ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGE 9 Residential Density: The Village Master Plan and Design Manual does not set forth specific densities in the land use districts that permit residential uses. Instead, an appropriate General Plan residential density is to be determined for each project based upon compatibility findings with the surrounding area. Maximum project density may not exceed the Growth Management Control Point (GMCP) for the applicable density designation unless a density increase or bonus is granted in accordance with Chapters 21.53 and 21.86 of the Carlsbad Municipal Code. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad Municipal Code to exceed the GMCP. After considering the goals and objectives of the Village Redevelopment Area, the vision for Land Use District 5 and surrounding land uses, staff is recommending a High Density (RH) General Plan Designation for the subject property. Justification for the RH General Plan density designation is as follows: 1. The density is compatible with the surrounding area, which contains a variety of uses including 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 provisional in District 5, 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 5 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. The RH designation allows for a density range of 15 to 23 dwelling units per acre with a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The site area for the proposed project is .24 acres (10,493 square feet), which will accommodate 4.56 dwelling units per the GMCP. With 4 dwelling units proposed the project results in a density of 16.7 dwelling units per acre, which is below the GMCP but within the RH density range (15-23 dwelling units per acre). The proposed project density, which is below the GMCP, is consistent with Program 3.8 of the City's certified Housing Element because all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. Justification to allow a density that is below the GMCP has been incorporated into the attached DRB Resolution No. 314. ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGE 10 Inclusionary Housing Requirements: All residential projects within the Village Redevelopment Area are subject to the City's Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In accordance with Redevelopment Law, 15% of the private housing units constructed within a redevelopment area must be affordable to low and moderate income persons, of which not less than 40% (or 6% of the total units) must be affordable to very low income households. Per City Ordinance, projects of six or fewer units are eligible to pay an in-lieu fee of $4,515 per market rate unit. By paying this fee at the time of building permit issuance, the project is providing its fair share of housing affordable to lower income households and, therefore, is consistent with the Inclusionary Housing Ordinance. The project has been conditioned to pay the in-lieu fee for the four (4) proposed residential units. The fee is paid at the time of building permit issuance. VIII. CONSISTENCY WITH DESIGN GUIDELINES All new projects within the Village Redevelopment Area must make a good faith effort to design a project that is consistent with a village scale and character. In accordance with the design review process set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual, the Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project provides for an overall informal character, yet maintains a pleasant architectural design. The project is consistent with the desired Village scale and character for a relatively dense urban neighborhood providing an appropriate density and intensity of development. The ground floor of the building has a strong relationship to the street in that it is physically located in close proximity to the public sidewalk along Roosevelt Street 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, tile work, decorative sconce lighting, "Mission" clay-tile roofing, and an enhanced Mission-style building facade. The project provides landscaped planter areas amongst the ground floor and provides a covered entry way into the building. Parking is visually subordinate in that the spaces are contained within the structure or are located behind the rear of the building. A summary of the design features related to the project is provided as an exhibit to this report (See Attached Exhibit A). ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGE 11 IX. TRAFFIC. CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS The project, as conditioned, shall comply with the City's requirements for the following: Traffic and Circulation: Projected Average Daily Traffic (ADT): 110 A traffic study was not required because of the insignificant traffic projected. The streets serving the project are operating at acceptable levels of service and the project is not expected substantially alter the level of service. Comment: All frontage and project related roadways exist and are fully improved along the property frontage. Sewer: Sewer District: Carlsbad Municipal Water District Sewer EDU's Required: 5.2 (1) edu/dwelling x 4 dwellings + 2,170 s.f. retail divided by 1,800 s.f. = 5.2 EDU's Comment: Sewer facilities exist in Tyler Street. The developer will extend a 6 inch sewer lateral to Tyler Street to serve to the proposed development. Water: Water District: Carlsbad Municipal Water District GPD Required: 250 gpd/edu x 5.2 edu's = 1,300 GPD Comment: No major water issues are associated with this proposed project. A 6 inch water main in Tyler Street will provide potable water to the project. Two separate water lines are proposed - one for the fire sprinklers and one for potable service. An existing water service and meter will be used for landscape irrigation. Soils & Grading: Quantities: 650 yards Cut: 35 cy Fill (including 35 cy shrinkage): 130 cy Export: 0 cy Import: 130 cy Remedial: 650 cy Permit required: Yes Off-site approval required: No Hillside grading requirements met: N/A Preliminary geo-technical investigation performed by: N/A Comment: There are no major grading issues associated with this project. ROOSEVELT PLAZA SEPTEMBER 25,2006 PAGE 12 Drainage and Erosion Control: Drainage basin: B Storm Water Management Plan performed by: Civil Engineering Design Group Erosion Potential: Low Comment: There are no major drainage issues associated with this project. Pollutants from driveway drainage will be directed to a grass swale before discharging to Tyler Street via a curb outlet. Land Title: Conflicts with existing easement: None Easement dedication required: None Site boundary coincides with land title: Yes Comment: No major land title issues are associated with this project. The project is conditioned to require a lot line adjustment to consolidate the three existing lots into one lot. Improvements: Off-site improvements: Sidewalk improvements exist along both street frontages. Instillation of sewer and water services are proposed on Tyler Street. Also, a driveway approach will be added. Slight modifications to the sidewalk improvements on Roosevelt Street are proposed, which include adding three King Palms. Standard variance required: Comment: No major improvement issues are associated with this proposed project. X. ENVIRONMENTAL REVIEW The Housing & Redevelopment Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board resolution. 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 and visually blighted 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 ROOSEVELT PLAZA SEPTEMBER 25, 2006 PAGE 13 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. 314 recommending approval of RP 06-02. C. Location Map. D. Map of Public Parking Resources E. Exhibits "A-E", dated September 25, 2006, including reduces exhibits. VILLAGE MASTER PLAN DESIGN GUIDELINES CHECKLIST Site Planning: Provide variety of setbacks along any single commercial block front. Provide benches and low walls along public pedestrian frontages. Maintain retail continuity along pedestrian-oriented frontages. Avoid drive-through service uses. Minimize privacy loss for adjacent residential uses. Encourage off-street courtyards accessible from major pedestrian walkways. Emphasize an abundance of landscaping planted to create an informal character. Treat structures as individual buildings set within a landscaped green space, except for buildings fronting on: Carlsbad Village Drive, State Street, Grand Avenue, Carlsbad Boulevard and Roosevelt Street Parking and Access: Provide landscaping within surface parking lots Provide access to parking areas from alleys wherever possible. Locate parking at the rear of lots. Devote all parking lot areas not specifically required for parking spaces or circulation to landscaping. Avoid parking in front setback areas. Avoid curb cuts along major pedestrian areas. Avoid parking in block corner locations. Project: Roosevelt Plaza A variety of setbacks are provided along Roosevelt Street. The adjacent commercial and residential properties also provide for varying setbacks along the street. There are no benches or low walls proposed. Retail space is being provided on Roosevelt Street, which serves to maintain the retail continuity along this pedestrian-oriented frontage. The project does not include a drive-thru. The project provides 5' 2" side yard setbacks and the upper level is stepped back to minimize privacy loss. The proposed project provides for an open entryway off of Roosevelt Street. 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 within the structure or behind the rear of the building and will not be visible from Roosevelt Street. Parking will be accessed off Tyler Street. Parking is contained within the structure or behind the rear of the building and will not be visible from the street. The parking area contains landscaped planters where parking spaces do not exist. Parking is not provided in the front setback area. No new curb cuts are proposed. No parking provided in block corner location. Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. Avoid buildings which devote significant portions of their ground floor space to parking uses. Place parking for commercial or larger residential projects below grade wherever feasible. Enhance parking lot surfaces to divide parking lot paving into smaller segments. Building Forms: Provide for variety and diversity. Each building should express its uniqueness of structure, location or tenant and should be designed especially for their sites and not mere copies of generic building types. Step taller buildings back at upper levels. Break large buildings into smaller units. Maintain a relatively consistent building height along block faces. Utilize simple building forms. Trendy and "look at me" design solutions are strongly discouraged. Roof Forms: Emphasize the use of gable roofs with slopes of 7 in 12 or greater. 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. Appropriate setbacks and landscaping are provided adjacent to pedestrian areas. The ground floor is dominated by the commercial component of the project. 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 buildings size does not warrant the need to break up the building into smaller units. The height of the new structure is consistent with the height limit for residential and commercial buildings in Land Use District 5. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The building is not trendy or "look at me" in design. The project is providing a 4:12 roof pitch. The project design does not lend itself to the use of dormers. The project provides a mission clay tile roof, which is consistent with the architectural design intended for the project as well as other projects in the area. The building does not incorporate flat roofs. This will be a requirement of the project. Avoid mansard roof forms. Building Facades: Emphasize an informal architectural character. Building facades should be visually friendly. Design visual interest into all sides of buildings. Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. Give special attention to upper levels of commercial structures. Provide special treatment to entries for upper level uses. Utilize applied surface ornamentation and other detail elements for visual interest and scale. Respect the materials and character of adjacent development. Emphasize the use of the following wall materials: wood siding; wood shingles; wood board and batten siding; and stucco. Avoid the use of the simulated materials; indoor/outdoor carpeting; distressed wood of any type Avoid tinted or reflective window glass. Utilize wood, dark anodized aluminum or vinyl coated The project does not utilize a mansard roof from. 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, rosette's, 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 tile work along the balconies, multi-paned windows, a Mission-style building facade, and the residences are setback from the commercial space at the upper level in order to accentuate the retail part of the project. The primary residential entryway 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, tile work, attractive stucco siding, rosettes, and a Mission-style building fagade. 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 metal door and window frames. Avoid metal awnings and canopies. Utilize light and neutral base colors. Limit the materials and color palette on any single building (3 or less surface colors) Commercial Storefronts: Provide significant storefront glazing. Avoid large blank walls. Encourage large window openings for restaurants. Encourage the use of fabric awnings over storefront windows and entries. Emphasize display windows with special lighting. Encourage the use of Dutch doors. Utilize small paned windows. Develop a total design concept. Provide frequent entries. 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. Residential: Encourage front entry gardens Locate residential units near front property lines and orient entries to the street. will be utilized. Awnings are not included as part of the project. The project utilizes a light and neutral color scheme. The project incorporates two different stucco colors with accent trim. Retail storefront glazing is extensive. Large blank walls are not proposed. Not applicable. Awnings are not included as part of the project. Special lighting is available 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. There are three separate entries to the retail component proposed along Roosevelt 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. 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 are no proposed front entry porches. Provide front entry porches. Provide windows looking out to the street. Utilize simple color schemes. Provide decorative details to enrich facades. Emphasize "cottage" form, scale and character Emphasize an abundance of landscaping. Limit access drives to garages or surface parking areas. Encourage detached garages which are subordinate in visual importance to the house itself. Provide quality designed fences and walls. Visually separate multi-family developments into smaller components. 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 tile work, multi-paned windows, rosettes, 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 28.7% of the property. Access to the parking will be provided off Tyler Street. Not applicable. Stucco finished block wall will be used along the south side yard. The size of the building does not warrant the ability to break the project up into smaller components. HO 1 DESIGN REVIEW BOARD RESOLUTION NO. 314 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 06-02 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT 5 CONSISTING OF FOUR (4) APARTMENT UNITS AND 2,170 SQUARE FEET OF COMMERCIAL (RETAIL/OFFICE) SPACE ON THE PROPERTY 6 LOCATED AT 3135 AND 3147 ROOSEVELT STREET IN LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA 7 AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ROOSEVELT PLAZA 8 APN: 204-085-02-00 & 204-085-03-00 9 CASE NO: RP 06-02 10 WHEREAS, Patrick M. Norman, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Roosevelt Plaza, 13 LLC, "Owner", described as Assessor Parcel Number 204-085-02-00 & 204-085-03-00, and 4 more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-E" dated September 25, 2006, on file in the Housing and Redevelopment 17 10 Department, "Roosevelt Plaza RP 06-02", as provided by Chapter 21.35.080 of the Carlsbadlo 19 Municipal Code; and 20 WHEREAS, the Design Review Board did on the 25th day of September, 2006, hold a 21 duly 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 "Roosevelt Plaza RP 06-02." 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 Roosevelt Plaza RP 06-02, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 4 <- 1. The Housing & Redevelopment Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact 6 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 Housing & Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 The Design Review Board finds that the project, as conditioned herein and the 10 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 12 in the staff report dated September 25, 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 (office/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 16 opportunities in the Village. By providing more residential and commercial opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area by 19 providing the new residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass 20 transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street 21 presence with attractive architectural features, large windows along the 22 commercial street frontage for storefront gazing, outdoor decks looking out over the street and visually subordinate parking. Overall, the mixed-use project will 23 enhance the Village as a place for living and working. 24 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 25 establishes the Village as a quality shopping, working, and living environment by providing for a multi-family product which serves to increase the type of 27 housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area by providing residential units in close proximity to both bus and rail mass transit 3) DRBRESONO. 314 -2- it stimulates property improvements and new development in the Village by 2 providing for an appropriate intensity of residential development and commercial (retail/office) development that may serve as a catalyst for future 3 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 6 Use District 5, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 7 d. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be 9 improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public 10 facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which * 2 enter into and/or are transported within storm drainage facilities. 13 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 14 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 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 17 fire protection and other safety standards. 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 20 conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) units. 21 3. The Design Review Board hereby finds that the appropriate residential density for the project is RH (15-23 dwelling units per acre), which has a Growth Management Control Point 23 (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density designation is as follows: 24 a. The density is compatible with the surrounding area, which contains a variety of 25 uses including commercial/retail 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, 27 and would be compatible with the mixture of surrounding uses. 28 DRBRESONO. 314 -3- b. The RH General Plan density designation serves to satisfy the goals of the 2 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The high 3 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. c. The RH General Plan density designation serves to satisfy the objectives of Land 5 Use District 5 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). 7 High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 9 4. The Design Review Board finds that the RH residential density is in conformance with the 10 Elements of the City's General Plan based on the facts set forth in the staff report dated September 25, 2006, including but not limited to the following: a. Land Use - The project is consistent with the City's General Plan since the proposed density of 16.7 du/ac is within the density range of 15-23 du/ac specified for the site 13 as indicated in the Land Use Element of the General Plan. The project's proposed density of 16.7 du/ac is below the Growth Management Control Point density (19 14 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These 17 excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit 1„ capacity adequate to satisfy the City's share of the regional housing need. 20 b. Circulation - The project will take access off of Tyler Street and is conditioned to provide all necessary street improvements. On-site circulation consists of 24 foot 21 wide drive aisle that will accommodate the 12 on-site parking spaces designed in accordance with City standards.22 23 c. Noise — The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Eilar Associates. 24 d. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for four (4) units. 27 5. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. 28 The project includes elements or has been conditioned to construct or provide funding to DRBRESONO. 314 -4- ensure that all facilities and improvements regarding: sewer collection and treatment; water; 2 drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to 3 serve new development prior to or concurrent with need. Specifically, 4 a. The project has been conditioned to ensure that building permits will not be <- issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service 6 remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they 7 apply to sewer service for this project. Q b. All necessary public improvements have been provided or are required as 9 conditions of approval. 10 c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation to provide school 11 facilities. 12 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 13 will be collected prior to the issuance of building permit. 14 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. 16 6. The project is consistent with the City's Landscape Manual. 17 7. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 1 g of the exaction is in rough proportionality to the impact caused by the project. 20 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking 21 requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: 23 a. The project is consistent with the Carlsbad General Plan because it provides for a commercial (retail/office) use in an appropriate location within the Village. 24 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 2£ the area. 27 b. The project is consistent with Village Redevelopment Master Plan and Design Manual hi that the project assists in satisfying the goals and objectives set forth 28 for Land Use District 5 through the following actions: 1) the project provides DRBRESONO. 314 -5- permitted commercial (retail/office) space in a new structure; 2) the building is 2 designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the 3 project consists of an individual building set back from the street and surrounded by an abundance of landscaping.4 5 c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated in August of 6 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 7 because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. o 9 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. 10 GENERAL CONDITIONS;11 12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 13 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 14 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or 16 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 17 under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 19 or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 21 and modifications to the Major Redevelopment Permit documents, as necessary to », make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 23 development different from this approval, shall require an amendment to this approval. 24 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. 26 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 27 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 28 DRBRESONO. 314 -6- unless the Housing and Redevelopment Commission determines that the project 2 without the condition complies with all requirements of law. 3 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 all ,- liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's 6 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 7 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other 9 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. 10 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the 12 conditions approved by the final decision making body. 13 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 14 format. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 16 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 17 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 19 Plan prior to the issuance of building permits. 20 10. Approval is granted for Major Redevelopment Permit RP 06-02 as shown on Exhibits A-E, dated September 25, 2006, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially 22 as shown unless otherwise noted in these conditions. 23 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 24 -^ 12. Building permits will not be issued for the project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate 26 water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities 27 will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map.28 DRBRESONO. 314 -7- 1 HOUSING CONDITIONS; 2 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 3 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as ^ an individual fee on a per market rate dwelling unit basis in the amount in effect at the c time, as established by City Council Resolution from time to time. 6 LANDSCAPE CONDITIONS; 7 14. The Developer shall submit and obtain Housing & Redevelopment Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and 9 install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. All landscape 10 shown on the approved plans may not be removed or altered without written permission of the City. Trees must be maintained in such a manner as to preserve the natural form of the species. Topping of trees is not allowed. 12 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 13 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 14 16. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 16 17. All utilities shall be screened from public view. Landscape construction drawings 17 shall show and label all utilities and provide appropriate screening. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with existing trees and trees located on the landscape 19 plans. 20 MISCELLANEOUS CONDITIONS; 21 18. 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 23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 25 2/- 19. 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 27 recreational facilities. 28 NOTICING CONDITIONS: DRBRESONO. 314 -8- 1 2 20. 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 3 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. 314 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 0 successor in interest,o 9 ON-SITE CONDITIONS: 10 21. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 12 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment 13 Director. 22. No outdoor storage of material shall occur onsite unless required by the Fire Chief, i c 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 16 comply with the approved plan. 23. The developer shall submit and obtain Housing & Redevelopment Director approval of , „ an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 19 24. All roof appurtenances, including air conditioners, shall be architecturally integrated and 20 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 22 25. Prior to issuance of the building permit, the Developer shall enter into a Parking In- 23 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy a portion of the commercial (retail/office) component of the project's parking requirement (4 spaces total). 26 26. Prior to the issuance of a grading permit, Developer shall enter into and record a 27 joint use parking agreement to the satisfaction of the Housing & Redevelopment Director between the concerned uses at 204-085-02 & 204-085-03 for the joint use of two parking spaces. DRBRESONO. 314 -9- 1 2 27. The project shall have a master cable television hookup. Individual antennas shall not be permitted. 3 28. There shall be separate utility systems for each unit.4 29. Building materials identified in acoustical study prepared by Eilar Associates shall be used in the building construction in order to reduce noise levels to an acceptable 6 level. 7 30. Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. o 9 STANDARD CODE REMINDERS: 10 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 11 Fees 31. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 14 32. 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 33. 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 building permit issuance, except as otherwise specifically provided herein. 20 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 21 Code Section 18.04.320. 22 35. Any signs proposed for this development shall at a minimum be designed in conformance -- with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval 24 of the Housing & Redevelopment Director prior to installation of such signs. 25 ENGINEERING CONDITIONS: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a building or grading permit whichever 28 occurs first. DRBRESONO. 314 -10- 1 2 General 3 36. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 37. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an 6 approved drainage course or street to the satisfaction of the City Engineer. 7 38. Developer shall install sight distance corridors at all street/driveway intersections in accordance with Engineering Standards.8 9 39. An adjustment plat through certificates of compliance shall be processed and approved via application to the City to consolidate Lots 22, 23 and 24 into one lot 10 and to adjust the northerly lot line of Lot 22 to reflect the exception of 0.67 feet as described in the legal description. *~ Fees/'Agreements 13 40. 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 14 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. 17 Grading * ° 41. Based upon a review of the proposed grading and the grading quantities shown on the site . Q plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the 20 project. 21 Dedications/Improvements 22 42. Developer shall comply with the City's requirements of the National Pollutant Discharge 23 Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 24 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 27 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 28 hazardous waste products. DRBRESONO. 314 -11- 1 2 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such 3 fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. 6 C. Best Management Practices shall be used to eliminate or reduce surface pollutants 7 when planning any changes to the landscaping and surface improvements. g 43. Prior to the issuance of grading permit or building permit, whichever occurs first, 9 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad 10 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 12 contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the 13 SWMP shall: 14 a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 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; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident and employee education on the , o proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and 20 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 44. Prior to building permit or grading permit issuance, whichever occurs first, Developer 23 shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards 24 due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 27 Special Conditions 28 DRBRESONO. 314 -12- 45. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 2 the site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal 3 Code, respectively. Carlsbad Municipal Water District _ 46. 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, 6 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 7 satisfaction of the District Engineer. Q 47. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 10 maintenance, access and/or joint utility purposes. 48. 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. 13 49. The Developer shall design and construct public water and sewer facilities substantially 14 as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 50. 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 17 determined that adequate water and sewer facilities are available at the time of occupancy. 18 , Q 51. Unless otherwise approved by the district engineer, the water main shall be removed and replaced between joints with a ductile/cast iron fitting and PVC to 20 accommodate installation of the proposed fire hydrant assembly per Carlsbad Municipal Water District Standard W12. Note 11 of sheet 2 of the preliminary 21 grading plan shall be revised to reflect this standard on the final construction drawings and approved site plan. A "wet" or "hot" tap is not permitted. 23 24 25 26 27 28 DRBRESONO. 314 -13- 1 2 3 NOTICE 4 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." 6 You have 90 days from the date of final approval to protest imposition of these fees/exactions. If 7 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. 10 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 13 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 14 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 25th day of September, 2006 by the following vote 17 to wit: 18 AYES: 19 NOES: 20 ABSENT: 21 ABSTAIN: 22 23 COURTNEY HEINEMAN, CHAIRPERSON 24 DESIGN REVIEW BOARD 25 ATTEST: 26 27 DEBBIE FOUNTAIN 28 HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 314 -14- ATTACHMENT "A" LEGAL DESCRIPTION APN 204-085-02 & 204-085-03 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 22, 23, and 24 in Block 32 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15,1894. SATE ROOSEVELT PLAZA RP 06-02 x'aittwn^ v* 4/T.fAM-OU> 01 ro viv WVIIM Nosanr IOHIIHOHV s3(2 I I ill i i'v5 i. Ii i if! 1 i ,liiii m i iji* 1 «j H. f1! iiPlii I jiii jspj jilij I:. p! jiiUflffinn-iilih>(t i i:i ss ffissra viv wviud Nosanr V ffll t± Si_3 >U AJ \! ** GAS -^ VS Vf GAi 15AS-- © © ©<s>® ® © ©@ © ©© ROOSEVELT ST. N H W -HI 31 PP|l{| Mil*!! 3>(SS"l H Ml! mil I t 1! S t tiff t it i uu {ii kit }t i {,„ in DESIGN REVIEW BOARD DRAFT MINUTES DATED SEPTEMBER 25, 2006 DESIGN REVIEW BOARD MINUTES DA^T^?25'2006 DRAFT DESIGN REVIEW BOARD MINUTESPAGES of 13 Board Member Hamilton said he thfhks the real issue here is the land use question. Can^you consider real estate retail or not? I went down this weekend, looked at Gary's operation, I was standing out there with my wife and my dog and one of the ladies came out and engaged in a discussion wrJtHis. I found it a very good operation. She was very pleasant to talk to\They had somebody actually, referring to my past life, manning the desk at all times. It was a good experience. So HomeLife does nojxfualify as a self-enclosed fortress. What I really do see is it allowing one person toNqet a foot in the doppfifit will allow other people to get their feet in their door, it would set a bad precedence irWie long run-^Penants typically have a short-term interest. I know he's been here a long time, but your owner's are the ones who have the long-term interest. I would be more interested to see Mr. MacDonald present this rasefmstead of one of his tenants. What is really in question here is the Master Plan. Can we redefine reale&tete as retail? I think that is beyond the scope of the Design Review Board. That is a question fojxtne City Osiuncil. I support the Redevelopment Director's decision on this. Chairperson Heineman agrees with the^ecision. This does not in^qy way qualify as retail, and I feel the situation, the location will be better wttn retail business. Board Member Baker moyps that the Design Review Board deny the^^ppeal of the Housing and Redevelopment Director's/decision. Board Member Lawson seconded the motion. VOTE:/ 5-0 AYES: Baker, Hamilton, Heineman, Lawson, and Marquez JES: None \BSTAIN: None ABSENT: None Chairperson Heineman said the next item is Roosevelt Plaza. Board Member Hamilton indicated that he must step down due to a conflict of interest. I live within 600 feet of the project. Ms. Fountain said the second item is a major redevelopment permit for a new construction project. It is a mixed-use project consisting of some residential and retail/office at 3135 and 3147 Roosevelt Street. Cliff Jones, our Assistant Planner, will make the presentation tonight. Mr. Jones said the applicant, Patrick Norman, has requested a major redevelopment permit for the construction of a 8,445 square foot mixed-use project consisting of four apartment units and 2,170 square feet of commercial space on the property located at 3135 and 3147 Roosevelt Street in Land Use District 5 of the Carlsbad Village Redevelopment area. The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation that is greater than a $150,000. In accordance with redevelopment permit procedures, the permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The subject property is located on the west side of Roosevelt Street in between Oak Avenue and Pine Avenue. The subject property totals 10,493 square feet and currently contains a one-story commercial building and a single-family residence, which are proposed to be demolished in order to accommodate the new building. The proposed project is bordered by a single-family residence and commercial uses to the south, to the east across the street is a two-story commercial building and a multifamily residential building, to the north is the Boys and Girls Club, and to the east a millwork use exists. Staff would also like to add that to the south of the project site are two projects that have been recently approved. These projects are at the corner of Roosevelt and Pine Avenue and were recommended for approval by this Board. The proposed development consists of a two-story mixed-use project consisting of four apartment units and 2,170 square feet of commercial space. The frontage of the commercial space incorporates decorative iron DESIGN REVIEW BOARD MINUTES SEPTEMBER 25, 2006 PAGE 9 of 13 gates, tile work, rosettes, large storefront windows for retail gazing, and decorative lighting which provides an attractive retail facade and enhances the shopping experience within the Village. The upper levels of the building include four apartment units that incorporate decorative materials as well such as rosettes, tile work, decorative lighting, various sized and shaped multipaned windows and glass balcony railings. The four residential units vary in size from 960 square feet to 1,220 square feet. There is a one-bedroom unit with one bathroom, and there are three two-bedroom units with two bathrooms. Each residential unit is equipped with private second-story decks for recreational purposes. Vehicular access to the site is at the rear of the property off Tyler Street in order to reduce vehicular and pedestrian conflicts along Roosevelt Street, and parking for the project is screened from public view along Roosevelt Street contained behind the building. The Village Master Plan Design Manual includes the regulations governing development within the Village. The proposed project is within Land Use District 5 of the Carlsbad Village Redevelopment area. Many types of commercial uses are permitted within this Land Use District. However, shops that meet the needs of the local neighborhood and city population are emphasized. Mixed-use projects are permitted within Land Use District 5 on a provisional basis because they include a multifamily component, which is a provisional use within District 5. Considerations that must be addressed are: 1. The multifamily residential use is appropriate to the site and adjacent development; and 2. The site is adequate in size and shape to accommodate the outside parking without adversely affecting the visual environment of the Village. Staff concludes that the proposed project complies with both of these requirements. First, the multifamily use is consistent with many of the surrounding residential uses along Roosevelt Street. Second, the site is adequate in shape and size for the proposed mixed-use project and has parking that is visually subordinate contained within the structure or at the rear, and therefore will not be harming the visual environment of the Village. In addition, the Village Master Plan stipulates that ground floors of all approved mixed-use projects be devoted to visitor serving commercial uses. Since retail space is proposed along Roosevelt Street closest to the shoppers along Roosevelt Street, staff concludes that the project complies with this requirement. The remainder of the site is occupied by landscape setbacks, access points and required parking. Staff feels that a mixed-use project is an appropriate use for the surrounding area which incorporates various residential and commercial uses, and the use complies with the vision and the related goals for the district. Staff believes the proposed project assists in satisfying the goals and objectives set forth for Land Use District 5 through these following actions: • The project does provide a desirable use; • May serve as a catalyst for future development; • Provides for the development of an underutilized blighted lot; • It may attract additional visitor serving commercial uses; • The project increases the pedestrian circulation within the Village; • It is compatible with the surrounding area; and • Increases the number, quality, and diversity of housing types. The proposed project meets all of the required development standards outlined within the Village Master Plan as well. The project provides for adequate open space and landscaping for a total of 28.7%, and appropriate building coverage is provided as well for a total of 46.9%. The building height of the project is in compliance with the established standard set at 30 feet, and a total of 8 residential spaces and 4 commercial spaces for a total of 12 parking spaces are provided on site. The applicant is requesting and qualifies for participation in the Parking In-Lieu Fee Program for 3 spaces. 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 remaining 2 required parking spaces are proposed as joint use parking spaces between the commercial parking provided on site and the apartment guest parking. Pursuant to 21.44.050 of the Municipal Code, joint use parking is permitted between parking facilities considered to be primarily a daytime use and parking facilities to be considered primarily a nighttime use. Commercial uses are identified as uses within the DESIGN REVIEW BOARD MINUTES SEPTEMBER 25, 2006 PAGE 10 of 13 parking ordinances as a daytime use, and residential guest parking, although not specifically identified as a nighttime use, it typically is. Staff does not expect the operating hours of the uses to have a substantial conflict and a joint use parking agreement shall be executed between the commercial and apartment use prior to the issuance of a grading permit. The proposed setbacks are consistent with the setback requirements for Land Use District 5. In Land Use District 5 the required front yard setback is 5 to 10 feet for commercial building frontage and 5 to 20 feet for residential building frontage. The required side yard setbacks are 5 to 10 feet and the rear yard setback requirement is 5 to 10 feet. The proposed project falls within the required setback ranges. The front yard setback is set at 5 feet, 2 inches, providing setback for landscape pots and decorative paving. The upper residential portion of the building is setback further, setback at 10 feet, 8 inches. The north side yard setback is 5 feet, 2 inches from the property line. The south side yard setback is 5 feet, 2 inches from the property line, and the rear yard setback is 6 feet. However, the main building is 53 feet, 5 inches from the rear property line. The proposed project is also consistent with the design principles outlined within the Village Master Plan. The project incorporates several design elements to achieve the desired Village character, including large store front windows for retail gazing, decorative wrought iron gates at the front entry, tile work, varied stucco colors and recesses, decorative lighting, rosettes with tile inlay, multi-paned windows of various sizes of decorative trim, private balconies with glass balcony railings, and a clay tile roofing with the 4 and 12 roof pitch. The project also provides for an abundance of landscaping along all sides of the building and is part of the project design. Parking is visually subordinate. The Housing and Redevelopment Department has conducted an environmental review of the project pursuant to the guidelines for implementation of the California Environment Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from the environmental review pursuant to Section 15332 of the State CEQA guidelines as an infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board Resolution. The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was previously an underutilized lot will result in increased property taxes, and this increase in property tax will further result in increased tax increment to the agency. Second, it is anticipated the project will serve as a catalyst for other improvement in the area, either new development or rehabilitation of existing buildings through elimination of blighted structures and construction of a quality mixed-use project. In conclusion, staff is recommending approval of the project with findings for participation in the Parking In- Lieu Fee Program and joint use agreement. Development of the site is anticipated to have a positive financial impact on the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives for the Village Redevelopment Master Plan. This concludes staffs presentation. Board Member Lawson commented with respect to the staff report, I don't see or don't recall coming across much reference to the Boys and Girl's Club and the adjacency to that other than a reference to it. Why I am bringing this up is relative to noise. I know it is right next to the gymnasium portion. Often times that south east corner door that comes out towards Roosevelt is open. Was there any discussion with respect to abatement towards the noise factor, especially for the compatibility with the residential uses that are there? Mr. Jones said the applicant is required to process a noise study so there were acoustical persons on site measuring noise levels. In the report, they did mention different noise generators, road conditions, railroad, etc. I do not recall if they did measure noise levels with the adjacent use. However, due to noises from road and railroad noises, they did provide the appropriate attenuation for those type of noises. Board Member Lawson asked if Mr. Jones' department has had any kind of discussions or inquiries about the Boy's and Girl's Club by any surrounding neighbors. DESIGN REVIEW BOARD MINUTES SEPTEMBER 25, 2006 PAGE 11 of 13 Mr. Jones said the Housing and Redevelopment Department has not received any concerns or complaints. Board Member Lawson added over the last couple of years we have been seeing more and more of this type of a project with the mixed-use with residential above it, commercial on the ground floor, and I think we are all anxious to see more of this redevelopment taking place. With that residential, has the City been able to establish any statistical summary relative to the residential parking and what actually the number of spaces the residents do consume when we are talking about this kind of a setting versus a different type in a more traditional residentially zoned area. Mr. Jones said the City hasn't prepared any studies. However, we have done research related to other downtown areas within Southern California and found out the residential parking requirements typically are reduced to one per unit or two per unit. Although, they are more and more likely reducing the number of guest parking spaces from the different cities we have seen. Board Member Lawson continued with more urban residential lifestyle with people who don't have cars, which is one of the attractions of being down in the Village because we have the coaster, the consumption of the planned required or the code required two spaces isn't always being utilized; is that fair to say? Mr. Jones answered yes, that is correct. Part of what the Redevelopment Agency is doing is trying to increase walkability in particular within the Village and that in effect is reducing requirements that people need for parking. One of the amendments to the Master Plan you may see in the future could be reducing the guest parking, due to less of a need for additional parking on site. Board Member Lawson asked if it would be safe to say that is an influence to the support for the request of the joint use designation. Mr. Jones answered that is correct. Board Member Baker asked if the Boy's and Girl's Club has a setback or are they right on their property line? Mr. Jones said they are right up to the property line. Board Member Baker commented because the Boy's and Girl's Club is sitting on their lot line and this is only five feet from the lot line, that becomes an alley or a narrow tunnel. I would hate to see that degenerate into dirt or weeds or something that is unsightly given that narrowness of that. Do you have any thoughts or assurances that will be attractive or not look bad? Mr. Jones said the landscape plan has been evaluated by our City landscape consultant who is very thorough. As for the plant materials that are provided in those small, tight spaces, those were evaluated as well. As to the life length of those plant materials, perhaps the architect could respond to that. I do know the plans were evaluated by our landscape consultant for conformance. Board Member Baker said in the slide presentation Mr. Jones said the rear setbacks were 6 feet approximately. In the Staff Report, I'm assuming this is a typo, it says 53 feet. Mr. Jones said yes, that is a typo. Board Member Lawson commented when Mr. Jones mentioned the 5 foot setback. The 5 foot setback is just on the back portion relative to where the parking is, but on the ground floor plane, the commercial building looks as if it is 10.3 according to one of the documents. Mr. Jones said there is landscaping that is proposed within both of those spaces, both the 5 feet and the 10 foot area. Board Member Baker said she is confused. So it is 10 feet distance between buildings, because it says on the Staff Report that the north side yard setback is 5.2 feet. DESIGN REVIEW BOARD MINUTES SEPTEMBER 25, 2006 PAGE 12 of 13 Mr. Jones answered it varies. It is 5 feet along the side and then it jogs out about 10 feet, and there is landscaping right at that point. Board Member Baker said then it's not the building itself. The buildings are more than 5 feet apart from each other. Mr. Jones said it varies from 5 to 10. My name is Patrick Norman and I am the developer and owner. I have lived in Carlsbad since 1957. My family has been here since 1950. We wanted something to look nice. The buildings that are on site right now are condemned. We had that problem with redevelopment in the early stages. We were going to actually use existing buildings and keep them intact and the Fire Department and Building Department shut us down so they had to be demolished. They are eyesores. The question about the Boy's and Girl's Club, it is actually 10 feet, it is landscaped, it is concrete, and then it goes to 5 where the stairs are. Those areas, the Police Department asked, are closed off by gates to keep people from cutting through and to keep transients out. I didn't want an area where there was a 5 foot side yard that transients could hide in the bushes. So we closed them off, and then on the side of the building we put security lights so the building is completely lit up. The 6 foot setback you are talking about is just the landscaping portion from the Tyler Street sidewalk to our parking lot. The building actually is 53 feet back from Tyler Street. It isn't a typo, it is a misunderstanding. It does say 6 feet, but it's not 6 feet. Mr. Norman continued that he has some investors that are getting antsy and if we don't get approval tonight, then in my meeting tomorrow they will probably trash this project, which I would really hate to have happen. I own 33% of the project so I am outvoted. So if this doesn't get approved tonight, it will not make it. I have pushed this project for three years. If you go to the site, you will see a for sale sign. It has been put on the market, but I would like to build it. Board Member Schumacher asked Mr. Norman if it does get approved, are you going to build it or are you going to sell it? Mr. Norman answered he is going to push to build it. I own the property but there are investors who came in to help develop it. In doing that, I sold 66% of the project to bring in investment money. Through fault of my own and miscommunication I have missed these meetings. I will be meeting with them tomorrow and they have said that if we don't get approval tonight, they want to forget about it and sell it. I think it is a beautiful building, and it will definitely get rid of that eyesore down there. What is down there right now is a condemned residential unit and a condemned commercial project. Board Member Lawson asked Mr. Norman if he would be prepared to make sure any future prospective tenants that are there are well disclosed of that noise factor, because living next to a gymnasium is not the quietest place on a constant basis. Mr. Norman answered, yes it has its noisy points. Board Member Lawson asked do you see that as any kind of hindrance, or have you spoken with or discussed means of mitigating some of those potential noise issues with your architect? Mr. Norman said he has been in contact with the Boy's and Girl's Club for several reasons. One was we couldn't understand why they didn't purchase the property because they had always talked about adding on. So at one time, back when we got discouraged, I approached them and they said they weren't interested because they are building a new Boy's and Girl's Club. We've let them access our property to tent their buildings. I've never really discussed the noise issue but I've been there quite a bit. Most of the time the door is kept closed to force people to enter from the front. I have seen it open a couple of times when there is a basketball practice, but the door is normally kept closed. It is a cinder block building. I don't see their noise overpowering any of the street noise or the railroad noise. My contention is when this is built, is to live in one of the apartments. I would love to live downtown and walk downtown and walk to the coaster. DESIGN REVIEW BOARD MINUTES SEPTEMBER 25,2006 PAGE 13 of 13 Board Member Schumacher said I think Mr. Norman has a nice project. I think it fits in with the neighbors and fits in with the other two projects that I think are under construction right now just down the street. I drove to the site today and it definitely has buildings on it that need to be knocked down. I think this project would complement the neighborhood. Board Member Baker said she thinks it will be a tremendous improvement and by no means were those questions meant to scare you into thinking we were going to hang it up. The current property is an eyesore and in pretty bad shape so I hope it gets built. Board Member Lawson said he would concur. He would be very supportive of this project. It is continuing in a trend that this Board and the City has been pushing for and to maintain that consistency is to our benefit. Chairperson Heineman said he feels the same. I feel it is an excellent project, and it is now time for a vote. Board Member Lawson moved that the Design Review Board adopt Design Review Board Resolution Number 313 recommending approval of RP06-02 based on the findings and subject to the conditions contained therein. Board Member Baker seconded the motion. VOTE: 4-0 AYES: Baker, Heineman, Lawson, and Marquez NOES: None ABSTAIN: Hamilton ABSENT: None DIRECTOR'S REPORT Ms. Debbie Fountain said she has no other items for the agenda, but we will be having a meeting in October so please keep October 23, 2006 on your calendar. ADJOURNMENT By proper motion, the Regular Meeting of September 25, 2006, was adjourned at 7:20 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk PARKING IN-LIEU FEE PARTICIPATION AGREEMENT BETWEEN COMMISSION AND ROOSEVELT PLAZA 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 day of , 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and Roosevelt Plaza, LLC, (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 3135 & 3147 Roosevelt Street (APN: 204-085-02 & 204-085-03) 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 06-02), which provides conditional approval of a mixed-use development project consisting of four (4) apartment units and 2,170 square feet of commercial (retail/office) space ("Project") on the subject property. B. Condition No. 25 of approved Design Review Board Resolution No. 314 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. 314 provides that the Program Participant pay a Parking In-Lieu Fee for a total of three (3) 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 TO 2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEUFEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing three (3) on-site parking spaces for the land covered by Major Redevelopment Permit No. 06-02 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 06-02, including Condition No. 25 listed in Design Review Board Resolution No. 314. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of three (3) parking spaces as established by the Commission, and, as required by Condition No. 25 of Design Review Board Resolution No. 314. 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 (3) 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 06-02 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of three (3) 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. 25 of Design Review Board Resolution No. 314. 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 7-1 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: Roosevelt Plaza LLC 869 Grand Avenue 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 three (3) 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of On &before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) D personally known to me -OR- ffl proved to me on the basis of satisfactory evidence to be the personfcfl whose / nametor) is/aae subscribed to the within instrument and acknowledged to me that he/s^e/tpfey executed the same in his/h^r/thjeir authorized capacity(i^s), and that by his/rter/Jkeir signature^) on the instrument the person^, or the entity upon behalf of which the personte) acted, executed the instrument. IOFFICIAL SEAL DAREN VASS... , ..'A&JNOIARY PUBLIC- CAiJf-C _b* •:•• -=\: COMM. MO. ;.v-.j'O6 5?V^'Vy SAW DifcGO COUNTY f- • • - • - - v'Y C(3MM. FXP W)V 3 ?005 WITNESS my/fand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: [p Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _Signer's Name: O Individual d Corporate Officer D Titles(s):.^^^^^^~^—^^^~~-^—^^^^_ Partner - Q Limited D Attorney-in-Fact CI Trustee CI Guardian or Conservator Other: General RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer Is Representing: D Individual D Corporate Officer D Title(s): D Partner - Q Limited Q General D Attorney-in-Fact n Trustee PI Guardian or Conservator D Other: Signer Is Representing: <T THUMBPRIh OF SIGNER Top of Thumb here ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3135 & 3147 Roosevelt Street Assessor Parcel No.: 204-085-02 & 204-085-03 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 22, 23, and 24 in Block 32 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894. 2/26/99 CITY OF CARLSBAD NOTICE OF PUBLIC HEARING ROOSEVELT PLAZA NOTICE IS HEREBY GIVEN that the Housing & Redevelopment Commission of the City of Carlsbad will hold a special Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 PM on Tuesday, November 21, 2006, to consider approval of a request for a Major Redevelopment Permit (RP 06-02), to allow the construction of a mixed-use development project consisting of four (4) apartment units and 2,170 square feet of commercial (retail/office) space on the property located at 3135 and 3147 Roosevelt Street (APN: 204-085-02 & 204-085-03) in Land Use District 5 of the Carlsbad Village Redevelopment Area. The proposed project includes a request to participate in the Parking In-Lieu Fee Program to satisfy a portion of the on-site parking requirement for a maximum of three (3) parking spaces and a request for joint-use parking. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Cliff Jones in the Housing and Redevelopment Department at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Housing & Redevelopment Department has determined that the project is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The Design Review Board will be considering recommending approval of the environmental determination during the public hearing. If you challenge the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP 06-02 CASE NAME: ROOSEVELT PLAZA HOUSING & REDEVELOPMENT COMMISSION PROOF OF PUBLICATION (2010 & 2011 C.C.P.)This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: November 11th, 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 11th, Day of November, 2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising CITY OF CARLSBADNOTICE OF PUBLIC HEARINGROOSEVELT PLAZA NOTICE IS HEREBY GIVEN that the Hous-ing & Redevelopment Commission of the City olCarlsbad will hold a special Public Hearing in 1heCity Council Chambers, 1200 (Jarlsbad Village DriveCarlsbad, California, at 6:00 PM on Tuesday No-vember 21, 2006, to consider approval of a requestfor a Major Redevelopment Permit (RP 06-02), to al-low the construction of a mixed-use developmentproject consisting of four (4) apartment units and2,170 square feet of commercial (retail/office) spaceon the property located at 3135 and 3147 RooseveltStreet [APN: 204-085-02 & 204-085-03) in Land UseDistrict 5 of the Carlsbad Village RedevelopmentArea. The proposed project includes a request toparticipate in the Parking In-Lieu Fee Program to sat-isfy a portion of the on-site parking requirement for amaximum of three (3) parking spaces and a requestfor joint-use parking. Those persons wishing to speak on this proposal arecordialfy invited to attend the public hearing. If youhave any questions or would like a copy of the staffreport, please contact Cliff Jones in the Housing andRedevelopment Department at (760) 434-2813 Youmay also provide your comments in writing to theHousing and Redevelopment Department at 2965Roosevelt Street, Suite B, Carlsbad. CA 92008. As a result of the environmental review under theCalifornia Environmental Quality Act (CEQA) and theEnvironmental Protection Ordinance of the City ofCarlsbad, the Housing & Redevelopment Depart-ment has determined tnat the project is categoricallyexempt from the requirement for preparation of envi-ronmental documents pursuant to Section 15332 ofthe State CEQA Guidelines as an infill developmentproject. The Design Review Board will be consider-ing recommending approval of the environmentaldetermination during the public hearing. If you challenge the Major Redevelopment Permit incourt, you may be limited to raising only those issuesyou or someone else raised at the public hearing de-scribed in this notice or in written correspondencedelivered to the City of Carlsbad at or prior to thepublic hearing. CASE FILE NO.: RP 06-02CASE NAME: ROOSEVELT PLAZA HOUSING & REDEVELOPMENT COMMISSION NCT 21001799*11/11/06 . Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® KEAN CHILINGIRIAN 3080 MADISON ST CARLSBAD CA 92008-2310 ATKIN FAMILY 3565TRIESTEDR CARLSBAD CA 92010-2840 BOUTELLE FAMILY 4939 RANCHO VIEJO DR DEL MAR CA 92014-4238 MATTHEW HALL 2604B EL CAMINO REAL UNIT 334 CARLSBAD CA 92008-1214 MA1\THEWMALL 2604B EL CAMINO RE CARIiSBAD CAN9200S 334 334 HEW/lAttL • EL CAMINP R *LSBAD CA NT 334 1203 JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD CA 92008-3017 TTHEW HALL 2«04BEL\CAMINO CARL6BABI CA ,920 CARLSBAD VILL SELF STORAGE L L C 2601 MAIN STSTE 1330 IRVINE CA 92614-6220 LLC THOMAS & LUCINDA VIGNE 3880 HIBISCUS CIR CARLSBAD CA 92008-3379 RUSSELL BENNETT PC BOX 356 SOLANA BEACH CA 92075-0356 PILAR STRAW 3144 MADISON ST CARLSBAD CA 92008-3003 NOBEL FAMILY 6435 CAMINITO BLYTHEFIELD STE C LAJOLLACA 92037-5851 PAMELA CRISMAN 740 PINE AVE CARLSBAD CA 92008-2427 CARLSBAD VILL SELF STORAGE LLC 2 PARK PLZ STE 800 IRVINE CA 92614-8518 FRANCIS & GLORIA HELMUTH 12937 POMERADO RD A POWAY CA 92064-5325 JANICE LOPEZ 3225 ROOSEVELT ST CARLSBAD CA 92008-3042 DAVID MCCHESNEY 825 CAPE BRETON VISTACA 92084-6500 JOIN HANDS-SAVE A LIFE FAMILY 3528 MADISON ST CARLSBAD CA 92008-5034 RUFUS VERHALEN 3255 ROOSEVELT ST CARLSBAD CA 92008-3042 RUFUS VERHALEN 512SANLUISREYDR OCEANSIDECA 92054-1121 MARGARITO BETANCOURT 4799 ELM TREE DR OCEANSIDE CA 92056-3521 KAREN HEMINGWAY 3220 TYLER ST CARLSBAD CA 92008-3053 ®09is AM3AV-O9-008-1 a6euDes e la a6eajnoauue uoissajdiui . 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Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® -VOGEL FAMILY 360 ATTEBURY DR SAN MARCOS CA 92078-5047 JESS JOHNSTON 1025 1/2 IRVING RD EUGENE OR 97404-3808 JOSE & SYLVIA VALADEZ 3790 GARFIELD ST CARLSBAD CA 92008-8220 WILLIAM & ELLEN SCHNEIDER PO BOX 891 CARLSBAD CA 92018-0891 RAMON KHALONA 3267 MADISON ST CARLSBAD CA 92008-3036 HYUNG & YOUNG YANG 2915CACATUAST CARLSBAD CA 92009-4404 MONICA MIER PO BOX 4301 CARLSBAD CA 92018-4301 REYNALDO & REGINA BARRERA 3221 MADISON ST CARLSBAD CA 92008-3036 STEVE RODRIGUEZ 3207 MADISON ST CARLSBAD CA 92008-3036 M MUNOZ 3250 ROOSEVELT ST CARLSBAD CA 92008-3041 MARTINEZ FAMILY 3274 ROOSEVELT ST CARLSBAD CA 92008-3041 MONICA MIER PO BOX 4301 CARLSBAD CA 92018-4301 CELIA RAMIREZ 735PINEAVE CARLSBAD CA 92008-2428 ERIK & APRIL WAHLRAB 3228 MADISON ST CARLSBAD CA 92008-3035 FLORENCIO RODRIGUEZ 2106 CROWN VIEW WAY OCEANSIDE CA 92056-3214 MIGUEL GONZALEZ 3119 MADISON ST UNIT B CARLSBAD CA 92008-3002 ROGER HEMELSTRAND 3143 MADISON ST CARLSBAD CA 92008-3002 ANGELITA MAMARIL 4232 HUBBARD RD STOCKTON CA 95215-1838 R & AMBER FLETCHER 3159 MADISON ST CARLSBAD CA 92008-3002 JOHN WALTERS 6320 MONTECITO DR CARLSBAD CA 92009-3075 SANTANA FAMILY 3183 MADISON ST CARLSBAD CA 92008-3002 STOUT FAMILY 2914LUANADR OCEANSIDE CA 92056-4307 DARREN HAMILTON 3190 ROOSEVELT ST CARLSBAD CA 92008-3017 MARY PINAMONTI 2244 S SANTA FE AVE STE 802 VISTA CA 92084-7846 JOSEPH & ROSIE FRIEDRICHS 3160 ROOSEVELT ST CARLSBAD CA 92008-3017 JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD CA 92008-3017 SBBLLEN rt \TD PTRNRSF 45WRjXs I EGOCA 92103-1163 SHELLEN II LTD PTRNRSP 4522 TRIAS ST SAN DIEGO CA 92103-1163 CIRC K STORES INC PO BOX 52085 PHOENIX AZ 85072-2085 ®09is AM3AV-OD-008-1 ®091S iueqe6 a| aBemas e la aBejjnotmue uoissajduii . Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO- AVERY AVERY® 5160® •CLUB BOYS AND GIRLS PO BOX 913 CARLSBAD CA 92018-0913 ROOSEVELT PLAZA LLC 869 GRAND AVE CARLSBAD CA 92008-1810 10 JOYCE JAMES 3931 GARFIELD ST CARLSBAD CA 92008-4036 ROBERTO & MACIAS RICARDEZ 422 SAN DIEGO ST OCEANSIDECA 92054-2745 ST <NSIDE CA 92054-2745 CHARLES MCKEE 3176 TYLER ST CARLSBAD CA 92008-3024 ROBERTO & MACIAS RICARDEZ 422 SAN DIEGO ST OCEANS IDE CA 92054-2745 ©09LS ©AU3AV AH3AV-09-008-1 aBemas e la aBejjnomiue uoissajdiut Roosevelt PlazaHousing & Redevelopment CommissionNovember 21, 2006 Location MapSITE Subject PropertyFRONTREAR Properties to the South Properties to the East Property to the North Property to the West Approved Projects to the SouthCASA COBRABuilding Elevations Proposed DevelopmentTwo-Story 8,445 sq. ft. Mixed-Use Project2,170 sq. ft. of commercial space4 apartment unitsz960 - 1,220 sq. ft.z(1) 1-bedroom & 1-bathz(3) 2-bedroom & 2-bathzPrivate balconiesFrontage along Roosevelt Street & Tyler Street. Access off of Tyler StreetParking screened from view Village StandardsHeight is 30 feet (two-stories).Building covers 50% of site.Open Space is 28.7% of site. Setbacks satisfied.Parking is provided through 8 residential spaces, 2 commercial spaces, 2 joint use spaces, and 3 In-Lieu spaces. Front & Rear Elevation North & South Side Elevations CEQA & Economic ImpactExempt from CEQAPositive Financial Impact on City and AgencyIncrease in tax increment.Increase sales tax from commercialCatalyst for further redevelopment of the area. DRB RecommendationDRB voted unanimously (Hamilton abstaining) to recommend approval of the project.DRB found project will have positive financial impact and assist in fulfilling the goals and objectives of the Master Plan. Village StandardsOpen Space Required: 20%Proposed: 28.7%Building CoverageRequired: 60%-80%Proposed: 46.9%HeightMaximum: 30’ w/ min 4:12 roof pitchProposed: 30’ w/ 4:12 roof pitchParkingRequired: 17 spaces (10 residential spaces + 7 commercial spaces)Proposed: 12 spaces (8 residential + 4 commercial) + 3 In-Lieu Fee Program space + 2 joint use spaces SetbacksRequired: Front: 5-10 Comm.5-20 Res.Sides: 5-10 feetRear: 5-10 feetProposed:Front: 5’-2” Comm.10’-8” Res.N. Side: 5 -2”S. Side: 5 -2”Rear: 6 feet 11 Building located 53’-5” from P.L.5’6’5’5’ Recommended Joint Use Conditions (if applicable)Two (2) on-site parking spaces shall be identified as guest parking spaces on Saturdays and Sundays and also from 6:00 p.m. to 7:00 p.m. Monday through Friday.A minimum of 600 square feet of commercial (retail/office) space (equivalent to two parking spaces) shall be closed Saturday’s and Sunday’s in order to assure adequate parking is available for residential guest parking.