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HomeMy WebLinkAbout2007-04-17; Housing & Redevelopment Commission; 399; Roosevelt Garden CondominiumsHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL 399AB# MTG. 4/17/07 DEPT. HIRED ROOSEVELT GARDEN CONDOMINIUMS RP04-04A/CT06-18 DEPT. HEAD CITY ATTY. CITYMG RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 436 , APPROVING an amendment to a Major Redevelopment Permit (RP 04-04A) and a Tentative Tract Map (CT 06-18) to allow a previously approved two-story, 11 unit affordable apartment project to be constructed as a condominium project on property located at 2578 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1 as recommended by the Design Review Board. ITEM EXPLANATION: On February 26, 2007, the Design Review Board (DRB) conducted a public hearing to consider the requested major redevelopment permit amendment and tentative tract map to convert the previously approved two-story, 11 unit affordable apartment project to an affordable condominium project. The .56 acre site is located at 2578 Roosevelt Street and is currently vacant. The site is bordered by a three-story office building to the north, a two-story apartment complex to the south, and two one-story single family dwellings to the east. To the west of the site there are residential uses, a two-story office complex, and a trailer park. The proposed development consists of two buildings of condominium units. Building 1 provides a total of 5 units and Building 2 provides a total of 6 units. There will be 8 one bedroom units (674 square feet) and 3 two bedroom units (894-900 square feet). The building has an appealing building exterior incorporating attractive materials such as two different stucco colors with complimentary trim, decorative wood doors and shutters, and an asphalt exterior roof with a 5:12 roof pitch. Empty walls are broken up with multi-paned windows, and various building recesses. In order to further enhance the buildings appearance the building incorporates porches and balconies. The project includes extensive landscaping within and around the project, which compliments the architectural design of the building. The project has been designed to meet the standards of the Village Master Plan and Design Manual with the exception that modifications are required for the previously approved setbacks and the condominium parking and planned development requirements. The modifications are described in further detail below. The proposed development will provide 11 affordable condominiums for very low income households (at 50% or below the San Diego County median). The developer (San Diego Habitat for Humanity) will be required to enter into appropriate agreements which will restrict the sale of the units to very low income households for a period of 45 years. These very low income affordable units will help the Redevelopment Area to meet its requirements to provide very low income affordable housing units within the Village Redevelopment Area. The proposed project will also serve as a combined inclusionary housing project allowing other housing developers in the Northwest Quadrant to purchase credits within the development to satisfy inclusionary housing obligations. DEPARTMENT CONTACT: Cliff Jones 760-434-2813 ciones@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED D DENIED O CONTINUED D WITHDRAWN D AMENDED ST 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 (5-0) to recommend approval of the project as proposed with findings to grant the following density and development standard modifications: 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. A density increase of .5 dwelling units in exchange for providing all 11 units affordable to very low income households at 50% or less of the area median income; and 3. A parking reduction to allow the project to be parked at the apartment parking standard (24 spaces) rather than condominium parking standard (27 spaces); and 4. Modifications to the on-site recreational space and tenants storage space requirements required as part of the Planned Development Ordinance; and 5. Modifications to three of the building setback standards as follows: a. Increase the front yard setback from the required 5 to 15 feet to 15 to 19 feet to allow for greater project articulation; b. Decrease the side yard setbacks to less than the required 10 feet, 8 inches. The south side yard setbacks range from 5 feet to 9 feet 10 inches. The north side yard setbacks is 9 feet 10 inches; and c. Set the rear yard setback at 7 feet 1 inch, which is at the lower end of the required setback of 5 to 15 feet. The Design Review Board staff report, and the draft minutes of the February 26, 2007 meeting are attached for the Commission's review. Also attached are comments received from the public regarding the proposed amendment to the project. ENVIRONMENTAL IMPACT: The Planning Director 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. FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax due to development of a vacant site with 11 new residential units. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency. 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. EXHIBITS: 1. Housing & Redevelopment Commission Resolution No. 436 . APPROVING RP04-04A and CT06- 18. 2. Design Review Board Resolution No. 317 dated February 26, 2007. 3. Design Review Board Resolution No. 318 dated February 26, 2007. 4. Design Review Board Staff Report dated February 26, 2007, w/attachments. 5. Draft Design Review Board Minutes, dated February 26, 2007. 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 436 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 04-04A 4 AND TENTATIVE TRACT MAP NO. CT 06-18 TO ALLOW A PREVIOUSLY APPROVED TWO-STORY, 11-UNIT AFFORDABLE 5 APARTMENT PROJECT TO BE CONSTRUCTED AS A CONDOMINIUM PROJECT ON PROPERTY LOCATED AT 2578 6 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. 8 APPLICANT: SAN DIEGO HABITAT FOR HUMANITY 9 CASE NO: RP 04-04A7 CT 06-18 10 WHEREAS, on February 26, 2007, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit amendment (RP 04-04A), and Tentative Tract Map (CT 06-18) to allow a previously approved two-story, 11-unit affordable apartment project to be constructed as a condominium project, on the property located at 2578 Roosevelt Street, and adopted Design Review Board Resolutions No. 317 and 318 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 04-04A), and Tentative Tract Map16 (CT 06-18) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date oflo « „ this resolution held a duly noticed public hearing to consider the recommendation and heard all persons «„ interested in or opposed to Major Redevelopment Permit (RP 04-04A), and Tentative Tract Map (CT 06- 21 18); and ~~ WHEREAS, the recommended Design Review Board approval includes findings establishing the 23 High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and 24 WHEREAS, the recommended approval includes findings granting a density increase to exceed 25 the Growth Management Control Point (19) by .5 units to provide 11 total units which shall be restricted 26 and affordable to very low income households; and 27 WHEREAS, the recommended approval includes findings granting modifications to the front and 2g side yard setbacks to allow for the development of said affordable units; and 1 WHEREAS, the recommended approval includes findings granting modifications to the parking 2 requirements allowing the project to be parked at the apartment parking standard rather than 3 condominium parking standard to allow for the development of said affordable units; and 4 WHEREAS, the recommended approval includes findings granting modifications to the on-site 5 recreational space and tenants storage space requirements required as part of the Planned Development 6 Ordinance to allow for the development of said affordable units; and 7 WHEREAS, pursuant to the Guidelines for Implementation of the California Environmental 8 Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Director 9 has found the project to be categorically exempt from the requirement for preparation of environmental 10 documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on 11 a site of less than five acres in an urbanized area that has no habitat value and would not result in any 12 significant effects relating to traffic, noise, air quality, or water quality. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment ^ Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 2. That Major Redevelopment Permit (RP 04-04A), and Tentative Tract Map (CT 06-18) are APPROVED and that the findings and conditions of the Design Review Board contained in Resolutions 18 No. 317 and 318, on file in the City Clerk's Office and incorporated herein by reference, are the findings 19 and conditions of the Housing and Redevelopment Commission, with the exception that the units shall be 20 provided for residential homeownership purposes only and shall not be rented at any time. The CC&Rs 21 shall include this requirement. This exception serves as an amendment to the conditions set forth in 22 Design Review Board Resolutions No. 317 and 318. 23 3. That this action is final the date this resolution is adopted by the Housing and Redevelopment 24 Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 25 Review" shall apply: 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE TO APPLICANT: "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 17th day of April 2007 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Kulchin, Hall, Packard Commissioner Lewis Commissioner Nygaard None ~ -ATTEST: >yAO\/<:s^^>>^-^^-^RAYMOND R. PA~TCHEtT, SECRETARY .= o /ESTABLISHED \ - z • : o> = |\ 1970 /§ ' ' EXHIBIT 2 DRB RESOLUTION NO. 317 DATED FEBRUARY 26,2007 DESIGN REVIEW BOARD RESOLUTION NO. 317 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 3 REQUEST TO AMEND MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-04 TO ALLOW A PREVIOUSLY APPROVED TWO-STORY, 11- 4 UNIT AFFORDABLE APARTMENT PROJECT BE CONSTRUCTED AS A CONDOMINIUM PROJECT ON PROPERTY LOCATED AT 2578 5 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT AREA. 6 CASE NAME: ROOSEVELT GARDEN CONDOMINIUMS 7 APN: 203-102-33 CASE NO: RP 04-04A 8 9 WHEREAS, San Diego Habitat for Humanity, "Developer", has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by the Carlsbad Redevelopment Agency, and known as Assessor Parcel 12 Number 203-102-33 ("the property"); and 13 WHEREAS, said application constitutes a request to amend Major Redevelopment 14 Permit RP 04-04 to allow a previously approved two-story, 11-unit affordable apartment project be constructed as a condominium project, as shown on Exhibits "A-l", dated February 26, 2007, on file in the Housing and Redevelopment Department, "Roosevelt jg Garden Condominiums RP 04-04A / CT 06-18", as provided by Chapter 21.35.080 of the 19 Carlsbad Municipal Code; and 20 WHEREAS, the Design Review Board did on the 26th day of February, 2007, hold a 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 arguments, if any, of persons desiring to be heard, said Board considered all factors relating to 74 "Roosevelt Garden Condominiums RP 04-04A/ CT 06-18". 25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows: 27 A. That the foregoing recitations are true and correct. 28 1 B. That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Roosevelt Garden Condominiums RP 04- 3 04A / CT 06-18, based on the following findings and subject to the following 4 conditions: 5 GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 6 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to mis project. 2. The Design Review Board finds that the project, as conditioned herein and with the 1- findings contained herein for 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 Master Plan and Design Manual based on the facts set forth in the staff reports dated February 26, 2007 14 including, but not limited to the following: 15 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- 16 family residential use in an appropriate District within the Village. This enhances and maintains the area as a residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential opportunities, the project helps to create a lively, interesting social environment by encouraging more of a 24-hour life in the Village, which provides the necessary customer base to attract complementary commercial uses. The project design serves to reinforce 20 the pedestrian-orientation desired for the downtown area by providing street improvements along Roosevelt Street. 21 b. The project is consistent with the Village Redevelopment Plan in that: 1) it 22 establishes the Village as a quality shopping, working, and living environment by providing for a multi-family condominium project which 23 serves to increase the type of housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area by providing for sidewalks along the front of the property, 3) it stimulates property improvements and new development in the Village through the development of a highly visible site which may 26 serve as a catalyst for future redevelopment in the area, and 4) it improves the physical appearance of the Village Area by replacing a currently 27 underdeveloped site with an aesthetically pleasing set of buildings, landscaping, and other site improvements. 28 DRBRESONO. 317 -2- 1 c. The project as designed is consistent with the land use plan, development . standards for Land Use District 8 (with the exception of the appropriate standard modifications outlined in the staff report dated February 26, 2007), design guidelines, and other applicable regulations set forth in the Village Master Plan and Design Manual. 4 d. The existing streets can accommodate the estimated ADTs and all required 5 public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation 6 have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building 7 design, landscaping, and hardscape. Public facilities have been or will be „ constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 10 e. The proposed project will not have an adverse impact on any open space 11 within the surrounding area. The project is being developed on a vacant lot which has appropriate zoning for a multi-family project. The project is also 12 consistent with the Open Space 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 fire protection and other safety standards. 16 9- The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the 17 Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict eleven (11) dwelling units as affordable to very low income households for forty-five (45) years. h. The proposed project meets all of the minimum development standards set forth in Carlsbad Village Redevelopment Master Plan and Design Manual with the exception of the justifiable standards modifications outlined in the report to the Design Review Board dated February 26, 2007 as permitted by 22 Carlsbad Municipal Code Section 21.53.120. The building has been designed in accordance with the concepts contained in the Design 23 Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates many of the architectural features of surrounding 24 developments. The buildings, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual, which serves as the adopted land use plan for the area. The overall plan for the project provides for adequate usable open space, circulation, and off-street parking. The parking is well integrated into the project. The 27 project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. The overall architecture is 28 compatible with the surrounding area and consistent with the Village DRBRESONO. 317 -3- 1 character as set forth in the Village Design Manual. 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 (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan 4 density designation is as follows: 5 a. The proposed project density is compatible with the surrounding area which contains a variety of uses such as high-density residential, 6 commercial office and a trailer park. Residential uses in the area are predominantly high-density multi-family residential. Application of the RH 7 General Plan designation on the subject property allows for the construction of a project that is compatible with the mixture of 8 surrounding uses in terms of size, scale, and overall density. b. 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 the Village. The higher density designation makes it financially feasible to construct multi-family condominium units in today's economy. This will be the first deed 12 restricted affordable housing development in the Village Redevelopment Area for very low income households. 13 c. The RH General Plan density designation serves to satisfy the objectives of 14 Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Village Transit 15 Station and Bus Stops). Higher 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. 18 4. The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project approval. 21 5. ' There have been sufficient developments approved in the quadrant at densities below the 22 control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 24 6. All necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 25 created by this project and in compliance with adopted City standards, in that all required public facilities necessary to accommodate the proposed development have been provided or are required as conditions of project approval. 27 7. The project is consistent with the City-wide Facilities and Improvements Plan, the Local 28 Facilities Management Plan for Zone 1, and all City public facility policies and DRBRESONO. 317 -4- ordinances. The project includes elements or has been conditioned to construct or 2 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 3 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified 5 School District that the project has satisfied its obligation to provide school faculties. 7 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. 9 c. The Public Facility fee is required to be paid by Council Policy No. 17 and 10 will be collected prior to the issuance of building permit. 11 8. The project is consistent with the City's Landscape Manual. 9. The Design Review Board has reviewed each of the exactions imposed on the Developer 1 - 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 14 degree of the exaction is in rough proportionality to the impact caused by the project. 15 GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be * implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance 2Q of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are 22 gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit. 23 2. Staff is authorized and directed to make, or require the Developer to make, all 24 corrections and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on 25 the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to 26 this approval. 27 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. DRBRESONO. 317 -5- f2 1 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code , Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the 4 project without the condition complies with all requirements of law. 5 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 6 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 7 attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or 8 issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 9 and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other *" energy waves or emissions. This obligation survives until all legal proceedings have . 1 been concluded and continues even if the Agency's approval is not validated. 12 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 13 conditions approved by the final decision making body. 14 7. 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 15 format. 16 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to 17 provide school facilities. 18 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to " that Plan prior to the issuance of building permits. 20 10. This approval is granted subject to the approval of CT 06-18 and is subject to all 2i conditions contained in Design Review Board Resolution No. 318 for those other approvals incorporated herein by reference. 22 11. This approval shall become null and void if building permits are not issued for this 23 project within 24 months from the date of project approval. 24 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 25 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 26 facilities will continue to be available until the time of occupancy. 27 13. Approval is granted for Redevelopment Permit RP 04-04A as shown on Exhibits A - I, dated February 26, 2007, on file in the Housing and Redevelopment Department and2,0 DRBRESONO. 317 -6- P; 1 incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3 HOUSING CONDITIONS: 4 14. Prior to the approval of the first building permit for this project, the Developer shall enter into an Affordable Housing Agreement with the City/Agency to provide and deed 5 restrict 11 dwelling units as affordable to low-income households for 45 years, in accordance with the requirements of California Redevelopment Law and the 6 processes of the Carlsbad Municipal Code. The draft Affordable Housing Agreement and site plan shall be submitted to the Housing and Redevelopment Director no later than 60 days prior to the request to issue the first building permit. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in ° interest. g 15. This project is being identified as a Combined Inclusionary Housing Project per Section 21.85.80 of the Carlsbad Municipal Code. Future market rate developers will be able to purchase affordable housing credits in the subject project in order to satisfy their own inclusionary housing requirement, subject to the review and approval of the City Council. All agreements between parties to form a combined 12 inclusionary housing project shall be made a part of the affordable housing agreement required for the site(s), which affordable housing agreement(s) shall be 13 approved by Council. 14 LANDSCAPE CONDITIONS: 16. The Developer shall submit and obtain Housing and 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 17 Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, 13 trash, and debris. 19 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by 20 the project's building, improvement, and grading plans. 21 MISCELLANEOUS CONDITIONS: 22 18. The Developer shall establish a homeowner's association and corresponding covenants, _- conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of 24 a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the 25 Department of Real Estate and the Housing and Redevelopment Director. At a minimum, the CC&Rs shall contain the following provisions: 27 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 28 of, or in which the City has an interest. DRBRESONO. 317 -7- 1 2 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 3 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 4 19. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days. The CC&Rs for the project shall include this requirement. 20. Prior to issuance of building permits, the Developer shall submit to the Housing & Redevelopment Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents 9 and exhibits. 10 21. Developer shall pay the c'rtywide 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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 12 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, 13 this approval will not be consistent with the General Plan and shall become void. 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in15 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the , . Directors of Community Development and Housing and Redevelopment.16 17 23. 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 j o recreational facilities. 19 24. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable the Housing & Redevelopment Director, in the sales office at all times. All sales 20 maps that are distributed or made public shall include but not be limited to trails, future and existing schools, parks and streets. 21 25. Developer shall post a sign in the sales office in a prominent location that discloses 22 which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 23 NOTICING CONDITIONS: 24 26. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad's Redevelopment Agency has found 27 that the project is Exempt from Environmental Review and has issued a Major Redevelopment Permit by the Housing and Redevelopment Commission 28 Resolution(s) No. 317 on the property. Said Notice of Restriction shall note the property DRB RESO NO. 317 -8- * description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute ., and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. ON-SITE CONDITIONS: 5 27. The Developer shall construct trash receptacle and recycling areas as shown on the 6 site plan with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Housing 7 and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director.8 28. No outdoor storage of material shall occur onsite unless required by the Fire Chief. ^ When so required, the Developer shall submit and obtain approval of the Fire Chief and 10 Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 29. The Developer shall submit and obtain Planning Director approval of an exterior lighting 12 plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 13 30. Developer shall construct, install and stripe not less than 19 resident parking spaces 14 and 5 guest parking spaces. 15 31. The project shall have a master cable television hookup. Individual antennas shall not be permitted.16 17 32. There shall be separate utility systems for each unit. 18 STANDARD CODE REMINDERS: 19 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 20 Fees 21 33. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 23 34. The Developer shall pay a landscape plan check and inspection fee as required by 24 Section 20.08.050 of the Carlsbad Municipal Code. 25 General 26 35. 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 time of building 27 permit issuance, except as otherwise specifically provided herein. 36. The project shall comply with the latest nonresidential disabled access requirements28 pursuant to Title 24 of the State Building Code. DRBRESONO. 317 -9- 1 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 2 Code Section 18.04.320. 3 38. Any signs proposed for this development shall at a minimum be designed in 4 conformance with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and 5 approval of the Housing and Redevelopment Director prior to installation of such signs. 6 7 NOTICE 8 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 12 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 13 annul their imposition. 14 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, 15 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 16 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 317 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of February, 2007 by the following vote to wit: AYES: BAKER, HAMILTON, LAWSON, SCHUMACHER AND WHITTON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: Y LAWSON, ACTING CHAIRPERSON DESIGr/REVIEW BOARD DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 317 -11- ATTACHMENT "A" LEGAL DESCRIPTION APN 203-102-33 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 44 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1722, filed in the Office of the County Recorder of said San Diego County, July 28,1921. Excepting therefrom the Northeasterly 140.50 feet thereof, said Northeasterly 140.50 feet being measured along the Southeasterly line of said lot and parallel with the Northeasterly line of said Lot 44. Said legal description was created and further described in that certain Certificate of Compliance recorded February 10, 2003 as instrument no. 2003-0153150 of Official Records. EXHIBIT 3 DRB RESOLUTION NO. 318 DATED FEBRUARY 26,2007 20 DESIGN REVIEW BOARD RESOLUTION NO. 318 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING -, APPROVAL OF CARLSBAD TRACT NUMBER CT 06-18 TO SUBDIVIDE .56 ACRES INTO ELEVEN (11) AFFORDABLE 4 CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 2578 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE 5 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: ROOSEVELT GARDEN CONDOMINIUMS CASE NO.: CT06-18 7 WHEREAS, San Diego Habitat for Humanity, "Applicant", has filed a verified 8 application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Carlsbad Redevelopment Agency, "Owner", described as Assessor Parcel Number 203-102-33 and more thoroughly described in Attachment A ("the Property"); 12 anc' 13 WHEREAS, said verified application constitutes a request for a Tentative Tract 14 Map as shown on Exhibit(s) "A-l" dated February 26, 2007, on file in the Housing and 15 Redevelopment Department as "Roosevelt Garden Condominiums RP 04-04A/CT 06-18", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did, on the 26th day of February, 2007, 18 17 hold a duly noticed public hearing as prescribed by law to consider said request; and 19 WHEREAS, at said public hearing, upon hearing and considering all testimony 20 and arguments, if any, of persons desiring to be heard, said Board considered all factors 21 relating to the Tentative Tract Map. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 23 of the City of Carlsbad as follows:24 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Roosevelt Garden Condominiums CT 27 06-18, based on the following findings and subject to the following conditions: 28 Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, the 1 Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems. 3 2. That the proposed project is compatible with the surrounding future land uses since A surrounding properties are located within Land Use District 8 of the Village Redevelopment Area and the intent of the Village Master Plan is to reinforce the 5 pedestrian environment, encourage mutually supportive use and provide a major activity focus for Carlsbad Village and the City as a whole. 6 3. That the site is physically suitable for the type and density of the development since the 7 site is adequate in size and shape to accommodate residential development at the density proposed, in that the development is consistent with the RH density 8 designation which has been assigned to the property based on the following findings: a. The density is compatible with the surrounding area, which contains a variety of uses such as residential, commercial office, retail, and light I j industrial. Residential uses in the area include high-density multi-family residential. Application of the RH General Plan designation on the subject 12 property allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 13 b. The RH General Plan density designation serves to satisfy the goals of the 14 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within the Village. The higher 15 density designation makes it financially feasible to construct the multi- family units in today's economy. The Village Redevelopment Area has an abundance of "for-sale" residential units, and these deed restricted I7 affordable units for very low income households provide an ownership opportunity not previously available. 18 c. The RH General Plan density designation serves to satisfy the objectives of 19 Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village 20 Coaster Station). High residential densities in close proximity to mixed- use areas with easy access to mass transportation promote greater21 job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. -„ 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 24 public at large, for access through or use of property within the proposed subdivision, in that the property has frontage on Roosevelt Street and there are no easements 25 granting access through the property to others. 26 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 27 6. That the design of the subdivision provides, to the extent feasible, for future passive or 28 natural heating or cooling opportunities in the subdivision. DRBRESONO. 318 -2- 7. That the Design Review Board has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and 2 environmental resources. 4 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 5 habitat, in that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it 6 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. Therefore, the Design Review Board finds that there is no substantial evidence the project will have a significant effect 8 on the environment. o 9. That the discharge of waste from the subdivision will not result in violation of existing JQ California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant 11 Discharge Elimination System (NPDES) permit. 12 10. The Design Review Board finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, the Village Redevelopment 13 Plan and Village Master Plan and Design Guidelines based on the facts set forth in the staff report dated February 26, 2007 including, but not limited to the following: the 14 project will provide for a permitted multi-family development in an appropriate location within Land Use District 8 of the Village Redevelopment Area. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and . - ordinances since: , „ a. The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer 19 service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the 20 requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 21 b. Statutory School fees will be paid to ensure the availability of school facilities in 22 the Carlsbad Unified School District. 23 c. Park-in-lieu fees are required as a condition of approval. 24 d. All necessary public improvements have been provided or are required as conditions of approval. 25 e. The developer has agreed and is required by the inclusion of an appropriate 26 condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available 27 concurrent with need as required by the General Plan. 28 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional DRBRESONO. 318 -3- ^ 1 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of 4 the Local Facilities Management Plan for Zone 1. 5 Conditions: 6 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or the issuance of building permits, whichever occurs first. 7 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 8 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City 9 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 10 certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in j2 interest by the City's approval of this Major Redevelopment Permit and Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all 14 corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. 15 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this 16 approval. 17 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 18 4. If any condition for construction of any public improvements or facilities, or the payment 19 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 20 Section 66020. If any such condition is determined to be invalid this approval shall be 21 invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 22 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 23 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and 24 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 25 approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with 26 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 27 from the emission by the facility of electromagnetic fields or other energy waves or emissions.28 DRBRESONO. 318 -4- 7>i 1 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision making body. 3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 4 Director from the School District that this project has satisfied its obligation to provide school facilities. 5 8. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7 9. Building permits will not be issued for this project unless the local agency providing 8 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at 9 the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 1() shall be placed on the Final Map. Engineering Conditions: 12 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the 13 approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 14 General 15 10. Prior to hauling dirt or construction materials to or from any proposed construction site 16 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route.17 11. The area designated for vehicular back up shall be clearly delineated with signage and/or pavement graphics to preclude unauthorized parking. 19 12. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the 20 tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body. The reproducible 21 shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, 22 improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 23 13. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless 24 the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including 25 court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance 26 of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of 2« the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. DRB RESO NO. 318 -5- 25 1 14. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities 3 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 4 15. Subject to the City Engineer's approval, the property owner shall enter into an 5 encroachment agreement with the City for the proposed enhanced pavement shown within the driveway. Application processing and criteria for said 6 encroachment agreement is subject to the requirements established by the City Engineer. 7 Fees/Agreements 8 16. Prior to approval of any grading or building permits for this project, Developer shall 9 cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the site into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an 11 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 12 Grading 13 17. Based upon a review of the proposed grading and the grading quantities shown on the 14 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 15 the project. 16 Dedications/Improvements 17 18. 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 ,p Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be 2Q 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: 21 A. All owners and tenants shall coordinate efforts to establish or work with 22 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 23 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 24 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 25 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 26 Federal, State, County and City requirements as prescribed in their respective containers.27 C. Best Management Practices shall be used to eliminate or reduce surface28 pollutants when planning any changes to the landscaping and surface improvements. DRB RESO NO. 318 -6- 7 r> 1 _ 19. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan 3 (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the 4 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 5 or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 6 a. identify existing and post-development on-site pollutants-of-concern; 7 b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 8 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 10 d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper I, procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and 12 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 13 practicable. 14 20. Prior to building permit or grading permit issuance, whichever occurs first, developer shall design, apply for and obtain approval of the City Engineer, for the structural section 15 for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The 16 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 17 grading plan review whichever occurs first. 18 21. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative19 map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 21 22. Developer shall execute and record a City standard Subdivision Improvement 22 Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, 23 but not limited to installation of sewer and water mains and related appurtenances to City Standards to the satisfaction of the City Engineer. The improvements are: 24 a) All sewer and water facilities located within the public right-of-way 25 and proposed on-site public utility and public utility access easement. 26 b) Curb outlet and driveway approach within the public right-of-way and the "easement for public sidewalk and incidental purposes", as 27 shown on the tentative map. 28 A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above DRBRESONO. 318 -7- i•? shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. -> Final Map Notes 4 23. Developer shall show on Final Map the net developable acres for each parcel. 5 24. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 6 A. All improvements are privately owned and are to be privately maintained with the exception of the following: 7 1. All sewer and water facilities located within the public right-of-way and 8 proposed on-site public utility and public utility access easement. 2. Curb outlet and driveway approach within the public right-of-way and 9 the "easement for public sidewalk and incidental purposes", as shown on the tentative map. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 12 13 Carlsbad Municipal Water District 14 25. 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 15 Authority capacity charge(s) prior to issuance of Building Permits. 16 26. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be 17 reflected on public improvement plans. 1° 27. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 20 28. This project is approved upon the express condition that building permits will not be 91 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of 22 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 23 29. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 24 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 25 satisfaction of the District Engineer. 26 30. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the (Tentative Map/Site Plan) to the satisfaction of 27 the District Engineer. Proposed public facilities shall be reflected on public improvement plans.28 DRB RESO NO. 318 -8- 7 8 1 31. The Developer shall provide separate potable water meters for each separately owned 2 unit. 3 32. Sewer cleanouts shall be provided for each sewer lateral per City Standards. 4 33. The proposed water service pipe for the fire sprinkler system shall be a minimum 6 inches in diameter for that portion installed within the public right-of-way. 5 , Code Remindero 7 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 8 A. The tentative map shall expire twenty-four (24) months from the date this tentative map 9 approval becomes final. 10 B. This approval is granted subject to the approval of RP 04-04A and is subject to all conditions contained in Design Review Board Resolution No. 317 for those other 11 approvals and incorporated by reference herein. 12 B. 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 13 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer.14 15 NOTICE 16 Please take NOTICE that approval of your project includes the "imposition" of fees, 17 dedications, reservations, or other exactions hereafter collectively referred to for . 0 convenience as "fees/exactions."lo 19 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 20 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 21 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. 23 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 24 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 25 which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.26 27 28 DRB RESO NO. 318 -9- '2 ^ 1 2 3 4 5 6 7 O Q 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 meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of February, 2007, by the following vote to wit: AYES: BAKER, HAMILTON, LAWSON, SCHUMACHER AND WHITTON NOES: NONE ABSENT: NONE ABSTAIN: NONE LXXWSON, ACTING CHAIRPERSON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 318 -10--7,0 ATTACHMENT "A" LEGAL DESCRIPTION APN 203-102-33 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 44 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1722, filed in the Office of the County Recorder of said San Diego County, July 28, 1921. Excepting therefrom the Northeasterly 140.50 feet thereof, said Northeasterly 140.50 feet being measured along the Southeasterly line of said lot and parallel with the Northeasterly line of said Lot 44. Said legal description was created and further described in that certain Certificate of Compliance recorded February 10, 2003 as instrument no. 2003-0153150 of Official Records. EXHIBIT 4 DRB STAFF REPORT DATED FEBRUARY 26,2007 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 10/3/06 David Rick Environmental Review: Categorical Exemption ITEM NO. 1 DATE: February 26, 2007 SUBJECT: RP 04-04A - ROOSEVELT GARDEN CONDOMINIUMS: Request to amend Major Redevelopment Permit No. RP 04-04 to allow a previously approved two- story, 11 unit affordable apartment project be constructed as a condominium project on property located at 2578 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 317 recommending APPROVAL of RP 04-04A, and ADOPT Design Review Board Resolution No. 318 recommending APPROVAL of CT 06-18 to the Housing and Redevelopment Commission based on findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation greater than $150,000. This major redevelopment permit serves as the site development plan required by Chapter 21.53 of the Carlsbad Municipal Code. The project also requires the approval of a tentative tract map because it involves separate ownership of the residential units. In accordance with redevelopment permit procedures, the two permits are being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The Design Review Board is being asked to hold a public hearing on the permits requested, consider the public testimony and staff's recommendation on the project, discuss the project and then take action to recommend approval or denial of the project. The proposed project is not located within the Coastal Zone; therefore a Coastal Development Permit is not required. III. PROJECT DESCRIPTION AND BACKGROUND In March of 2003, the Carlsbad Redevelopment Agency purchased the property located at 2578 Roosevelt Street. The purpose of the acquisition was to ultimately develop an affordable housing project on the site. After acquiring the property, the Agency retained Wakeland Housing and Development Corporation (Wakeland) to develop the property. Wakeland sought ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 2 and received approval of a Major Redevelopment Permit for the construction of a 2-story, 11- unit apartment complex on the property. After thorough review of the financial analysis prepared by the developer and staff, the Housing & Redevelopment Commission directed city staff to analyze a more affordable method of obtaining the 11 affordable units. The subsidy necessary to cover construction costs, ongoing maintenance costs, and management costs were determined to be too great for an affordable apartment project. San Diego Habitat for Humanity (Habitat) was later contacted and retained by the Agency to develop the project as an affordable "for-sale" condominium project due to their need for less City and Agency financial subsidy. Habitat requires less subsidy to cover construction costs due to their volunteer work and donations received for the construction of affordable housing projects. Maintenance and management costs are provided by the owners of the condominium project through homeowners association (HOA) dues eliminating additional subsidy that would otherwise be required by the City/Agency if developed as an apartment project. The applicant, Habitat, has requested an amendment to major redevelopment permit RP 04-04 to allow a previously approved 2-story, 11 unit affordable apartment complex to be constructed as a condominium project on property located at 2578 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area. The subject property totals 24,548 square feet and is currently vacant. The site is bordered by a two-story commercial office building to the north (Brittany Court), a two-story apartment complex to the south, two single-story single- family homes to the east, and a three-story office building and a trailer park across Roosevelt Street to the west. The remainder of the block is comprised of a mixture of uses of various uses including; apartment buildings, single-family homes, office buildings and commercial and retail businesses. 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 condominium project in an appropriate location within the Village. The project provides greater affordable residential opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. V. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION. GOALS AND OBJECTIVES The proposed project will be able to address a variety of objectives as outlined within the Village ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 3 Master Plan and Design Manual as follows: Goal 1: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment. The proposed project will result in development of a new condominium project that will have a positive visual impact on the area. The site was previously used for storage of construction materials. The positive visual appeal assists in the effort to create a quality shopping, working and living environment. In addition, the project will increase the number of new residential units in the area which will improve the overall living, working and shopping environment. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The proposed project has a strong street presence and promotes greater pedestrian activity by providing sidewalks and enhanced landscaping along Roosevelt Street. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Residential Support District (District 8) by providing for an appropriate intensity of residential development that is compatible with surrounding area. Goal 4: Improve the Physical Appearance of the Village Area. The proposed project converts an underutilized, blighted site into a physically attractive project. The proposed project promotes the following objectives: • It creates a sense of design unity and character while also encouraging design diversity; • It establishes a residential condominium building whose scale and character are compatible with surrounding neighborhood; • It results in a design which is sensitive to surrounding development within the area. VI. CONSISTENCY WITH VILLAGE LAND USE PLAN As set forth in the Village Master Plan and Design Manual, condominium uses are classified as permitted uses within Land Use District 8 of the Village Redevelopment Area. Permitted uses are defined as those uses which are permitted by right because they are considered to be consistent with the vision and goals established for the district. Although these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. The overall vision for the development of District 8 (Residential Support) is to accommodate a relatively dense urban residential neighborhood with a Village scale and character. The development standards promote individual buildings set back from the street and surrounded by landscaping intended to provide a quality living environment within easy and pleasant walking distance to shops and restaurants. Permitted land uses in District 8 include single and multi- family residential uses and provisional uses are primarily office related. Staff believes that the proposed project provides for a highly desirable residential use which ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 4 promotes the north end of Roosevelt Street as a quality residential neighborhood. Additionally, development of the subject property will serve as a catalyst for future residential projects on Roosevelt Street. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The project complies with all development standards and design criteria specified by the applicable ordinances as follows: COMPLIANCE WITH V-R ZONE LAND USE DISTRICT 8 STANDARD REQUIRED PROPOSED Lot Coverage 60% to 80%22.5% Open Space > 20%37% Front Yard Setback 15'to 19' North Side Yard Setback 10'% of lot width (10-8") South Side Yard Setback 10'% of lot width 4'to9'-10" Rear Yard Setback Building Height Parking Recreational Space 35' 2 spaces / unit + .57 guest = 27 parking spaces Private: 10'x10' patio or 6'x10' balcony Common: 200 sq.ft./unit with amenities 7' 26' 24 spaces Private: 6'x10'balcony Common: 500' sq.ft. Standards Modifications: The project was found to comply with each of the development standards and design criteria of Village Master Plan and Design Manual with the exception of the requested standards modifications. Per the CMC 21.53.120(c), "the site development plan for affordable housing projects may allow less restrictive development ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGES standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the General Plan and adopted policies and goals of the city, and have no detrimental effect on public health, safety and welfare. The proposed project is an affordable housing project and the redevelopment permit serves as the site development plan. The Housing and Redevelopment Commission, with a recommendation from the Design Review Board, may approve the standards modifications noted below to assist in the development of this affordable housing project. Setbacks In exchange for providing the additional affordable housing units for very low income households, the developer is requesting standards modifications from the required building set backs. Outlined below are the three development standards to be modified per approval of the redevelopment permit for the proposed project: 1. Front Yard Setback: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 8, the front yard setback is set forth as a range of 5-15 feet. All setbacks are measured from property lines. The top of the range is considered to be the desired setback standard. The front yard setback of the proposed building ranges from 15 to 19 feet from front property line. Justification for Standards Modification: The proposed project is consistent with the design guidelines for the Village Redevelopment Area. The increased setbacks will provide greater articulation on all sides of the building, and make the project design more interesting and visually appealing. The increased setback will also allow for more enhanced landscaping at the pedestrian level. The project is adjacent to commercial and apartments buildings which have varying setbacks. Therefore, this increased setback with not have an adverse impact on surrounding properties. 2. Side Yard Setbacks: The side yard setback is to be 10% of the width of the property, or 10' 8". On the south side of the property, the setbacks range from 5' to 9' 10". Along the north property line, the set back is 9' 10". Justification for Standards Modification: The subject property is over 230 feet long. For a lot of this depth, it is necessary to provide a fire truck turn-around. The reduced setback standard is necessary in order to provide the appropriate turn-around as required by City's Fire and Engineering Departments while at the same time providing the required on-site parking, landscaping and other amenities to make the project a more livable community. The noted setbacks will still allow for adequate building separation and privacy between various adjacent land uses. The property along the south property line contains an apartment building which is set back approximately 45' from the property line. Directly adjacent to the subject property is the drive aisle and parking spaces. The placement of the subject building 5' from the property line will have no adverse impacts to the adjacent residents. Adjacent to the north property line is the rear portion of a commercial office building. The rear yard of the office building receives little use or activity. Therefore, the placement of an condominium building 9' 10" from the property line will not have an adverse impact on the existing office building. 3. Rear Yard Setback: Similar to the front yard setback, the rear yard setback is set forth in a range of 5-15 feet. The set back for the proposed building 7' 1". ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 6 Justification for Standards Modification: As stated above, the top of the set back range is considered to be the desired setback standard. While the proposed rear yard set back is within the set back range, findings must be made that the reduced setback is appropriate for the site. Therefore, this standard has been included within this request for modifications. The reduced rear setback standard is necessary in order to provide the appropriate turn-around as required by City's Fire and Engineering Departments while at the same time providing parking, landscaping and other amenities to make the project a more livable community. Also, the rear building elevations has been design to locate windows in appropriate locations so that there will be limited visual impacts into the rear yards of the adjacent single family residences. Parking In addition, the developer is requesting standards modifications from the parking requirements in exchange for providing the additional affordable housing units for very low income households. The parking requirements for a condominium project are greater than the previously approved parking requirements for an apartment project. Outlined below is the parking development standard to be modified per approval of the redevelopment permit for the proposed project: 1. Condominium Parking: The parking requirement for the project is 2 spaces per unit for each 1-bedroom unit (apartments are 1.5 space per 1-bedroom unit), 2 spaces for each 2-bedroom unit and guest parking at a rate of .5 spaces per unit up to 10 and .3 spaces per unit in excess of 10. In addition, the condominium parking standard requires one parking space per unit to be covered. The parking requirement for an 11-unit condominium project equates to 22 tenant parking spaces (18 spaces if apartments) and 5 guest parking spaces. In addition, 11 of the 22 tenant parking spaces are required to be covered. The applicant is proposing to provide 19 uncovered parking spaces and 5 uncovered guest parking spaces, which is consistent with the previously approved apartment standards but is inconsistent with the condominium parking standard. The applicant is requesting for the project to be parked at the less restrictive apartment parking standard in order to enable the applicant to provide additional affordable units, which is consistent with the objective of the General Plan and ultimately the goals of the Redevelopment Plan and Village Master Plan of providing additional affordable housing opportunities in the Village Area. The project will have no detrimental effect on the public welfare as it is anticipated that the affordable unit tenants will have an income that makes it challenging to own more than one vehicle. Additionally, the proposed project is in close proximity to bus and rail transit, which will allow the tenants to utilize alternative modes of transit thereby reducing vehicular impacts to surrounding property owners and future affordable condominium owners. Planned Development Ordinance The Village Master Plan also includes a specific condition for residential units proposed for separate ownership which states that all such units shall comply with the development standards and design criteria set forth by the Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code. These requirements were not subject to the original apartment approval; however, these requirements are subject to condominium project approvals. The applicant has made every effort to comply with these requirements without reducing the number of affordable units on-site; however, the applicant must make standard modifications requests ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE? in order to provide the additional affordable housing units for very low income households. The project provides for the development standards set forth in the Planned Development Ordinance except for the standard modifications outlined below: 1. Recreational Space: Common recreational space is required for planned development projects with greater than ten (10) units through 200 square feet of centralized, community space per unit. The applicant is proposing 500 square feet of recreational grass area. The reduced amount of common recreational area will allow for more affordable units to be provided on-site, which is consistent with the objective of the General Plan and ultimately the goals of the Redevelopment Plan and Village Master Plan of providing additional affordable housing opportunities in the Village Area. The reduced standard will have do detrimental effect on public welfare since nearby parks exist that are available for recreational purposes including Maxton Brown Park, Magee Park, Rotary park, Pine Avenue Park and recreational facilities/community centers at the nearby Harding Center and Senior Center. All parks and facilities are within 5 walking blocks of the site. 2. Tenant Storage Space: The Planned Development Ordinance requires separate storage space of at least four hundred eighty (480) cubic feet for each unit. If all the storage for each unit is provided in one area, this requirement may be reduced to three hundred ninety two (392) cubic feet per unit. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit. Each unit has been designed with 80 to 103 cubic feet of storage space within the outdoor patio area. The reduced storage space will allow for more affordable units for very low income households to be provided on-site, which is consistent with the objective of the General Plan and ultimately the goals of the Redevelopment Plan and Village Master Plan of providing additional affordable housing opportunities in the Village Area. Although not counting towards the tenant storage space requirements, each unit has additional storage areas incorporated inside the building for residents to use. The reduced storage areas will not have an adverse impact to surrounding properties. Staff has reviewed the requested standards modifications and justification and supports the request. Approval of the major redevelopment permit, which also serves as the site development plan for the affordable housing units, will approve the standards modifications as noted above. Residential Density: The Village Master Plan and Design Manual does not set forth specific densities in the land use districts which 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 8, and surrounding land uses, staff is recommending a High Density Residential (RH) General Plan Designation for the subject property. Justification for the RH General Plan density designation is as follows: ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGES 1. The density is compatible with the surrounding area which contains a variety of uses including residential developments, commercial office, retail, and light industrial. Residential uses in the area are predominantly high-density multi-family residential. Application of the RH General Plan designation on the subject property allows for the construction of a project that is compatible with the surrounding residential 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 the Village. The higher density designation makes it financially feasible to construct the multi-family units in today's economy. The Village Redevelopment Area has an abundance of "for-sale" residential units, but deed restricted affordable units for very low income households have never been previously developed in the area. 3. The RH General Plan density designation serves to satisfy the objectives of Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). Higher 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 .56 acres (24,548.21 square feet), which will accommodate 10.71 dwelling units per the GMCP. As discussed below, the project applicant is requesting a density increase to accommodate a total of 11 dwelling units, all of which are proposed to qualify as affordable to low income families. With 11 dwelling units proposed, the project results in a density of 19.5 dwelling units per acre, which is slightly above the GMCP of the RH density range (15-23 dwelling units per acre). Therefore, a density increase of .5 dwelling units per acre is recommended by staff. The findings to approve this density increase are set forth in DRB Resolution No. 317. In accordance with the Growth Management Ordinance specific findings regarding the availability of public facilities must be made in order to approve a density above the GMCP. The proposed project complies with these findings because all necessary public improvements and facilities to accommodate the proposed development have been provided or are required as conditions of project approval. In addition, there have been sufficient developments approved in the northwest quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. Justification for meeting the findings of the Growth Management Ordinance to allow a density that exceeds the GMCP has been incorporated into the attached DRB Resolution No. 317. 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, as well as those requirements imposed by Redevelopment Law. In accordance with Redevelopment Law, 15% of the private housing units constructed within a redevelopment area must be affordable to low and moderate income persons, of which not less than 40% (or 6% of the total newly constructed units in the redevelopment area) must ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 9 be affordable to very low income households. Per City Ordinance, 15% of the total housing units constructed must be affordable to low income households. The applicant has agreed .to enter into an affordable housing agreement to deed restrict all eleven (11) units within the project for purposes of providing housing which is affordable to very low income households for a period of forty-five (45) years. California Redevelopment Law requires affordable for-sale residential projects to remain affordable for a period of forty-five (45) years, which is greater than the requirements of 21.85.040 of the Municipal Code. These very low income affordable units will help the Redevelopment Area to meet its requirement to provide very low income affordable housing units within the Village Redevelopment Area. Attached DRB Resolution No. 317 includes a condition requiring the developer to enter in an affordable housing agreement prior to the issuance of the first building permit for the project in accordance with the requirements for inclusionary units as outlined in Section 21.85.020(E) of the Carlsbad Municipal Code and Redevelopment Law. With the provision of eleven (11) affordable housing units and the execution of the required affordable housing agreement the project will satisfy its inclusionary housing requirement. This project is also being identified as a Combined Inclusionary Housing Project. Section 21.85.040(E) defines a Combined Inclusionary Housing Project as separate residential development sites which are linked by a contractual relationship such that some or all of the inclusionary units which are associated with one development site are produced and operated at a separate development site or sites. As was done previously with the Villa Loma project, future market rate developers will be able to purchase affordable housing credits in the subject project in order to satisfy their own inclusionary housing requirement, subject to the review and approval of the City Council. The purchase of credits will be paid to the Carlsbad Redevelopment Agency in order to recoup a portion of its financial investment in the project. VII. CONSISTENCY WITH DESIGN GUIDELINES All new projects within the Village Redevelopment Area must make a good faith effort to design a project that is consistent with a village scale and character. In accordance with the design review process set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual, the Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The applicant has incorporated several desirable design elements to achieve the desired Village character. The ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 10 project has provided for an overall informal character in design. The architectural design provides for variety and diversity through the incorporation of several architectural features and details including; multiple roof pitches with the required 5:12 roof pitch and wood trussed gabled ends, various sized windows with decorative trim, window shutters, open rail balconies/decks. The project has a strong relationship to the street in that it is situated in close proximity to the street and incorporates an entry monument sign. Landscaping plays an important role in the architectural design of the building as landscape areas account for over 30% of the project site. IX. TRAFFIC. CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS The project, as conditioned, shall comply with the City's requirements for the following: Traffic & Circulation: Projected Average Daily Traffic (ADT): 66 ADT Due to the size of this project, this project does not trigger the need for a traffic study. This project is served by Roosevelt Street and has direct access to public streets. The streets in the area have been designed to handle the traffic volumes generated by this project. Sewer: Sewer District: Carlsbad Municipal Water District Sewer EDU's required: 11 EDU's Sewer lines for this project will gravity flow, via a proposed public sewer main within the driveway which will serve the private sewer laterals serving each unit. Water: Water District: Carlsbad Municipal Water District GPD required: 220 GPD/EDU x 11 EDU's = 2,420 GPD Water service to the project will be provided via an onsite water main that connects to an existing water main in Roosevelt Street. Each unit will be served by a separate water service and meter. Grading: The grading activities will involve approximately 1,600 cubic yards of fill and import dirt_and will require a grading permit. The preliminary geotechnical report indicates that there are no major grading or soils related issues with the proposed project. Drainage and Erosion Control: Drainage basin: Buena Vista Watershed Run off potential: High Existing surface storm runoff currently drains in southerly and easterly direction. This project proposes to collect and convey storm water by surface drainage to a grass swale for treatment of pollutants within the runoff, which discharges via a proposed curb outlet on Roosevelt Street. ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 11 Land Title: Conflicts with existing easements: No Site boundary coincides with Land Title: Yes The right-of-way widths on Roosevelt Street conform to City standards and no additional right-of- way dedications are required. A 30 foot wide public utility and public utility access easement is proposed for the onsite public sewer and water main. Improvements: Offsite improvements: No Standard Waivers required: No Public improvements consist of installing a water main, sewer main, water meters, driveway approach, and a curb outlet. Storm Water Quality: The applicant is conditioned to submit a detailed storm water management plan (SWMP) that identifies pollutants of concern as it relates to the project. The applicant is also required to implement Best Management Practices (BMP) measures, to the maximum extent practical, to ensure that no additional pollutants-of-concern are contributed to the watershed. The SWMP must ensure storm water quality is not impacted as a result of the project. X. ENVIRONMENTAL REVIEW The Planning Director has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Planning Director has found the project to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board resolution. XL ECONOMIC IMPACT The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was previously an under-utilized lot will result in increased property taxes. This increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, the project may serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. XII. CONCLUSION Staff is recommending approval of the project. 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 ROOSEVELT GARDEN CONDOMINIUMS - RP 04-04A FEBRUARY 26, 2007 PAGE 12 of the Village Redevelopment Master Plan and Design Manual. The project will ajso provide much needed affordable, for sale housing for very low income households. EXHIBITS: A. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines B. Design Review Board Resolution No. 317 recommending approval RP 04-04A. C. Design Review Board Resolution No. 318 recommending approval CT 06-18. D. Location Map E. Exhibits "A -1", dated February 26, 2007, including reduced exhibits. VILLAGE MASTER PLAN DESIGN GUIDELINES CHECKLIST Site Planning: Provide variety of setbacks along any single commercial block front. Provide benches and low walls along public pedestrian frontages. Maintain retail continuity along pedestrian-oriented frontages. Avoid drive-through service uses. Minimize privacy loss for adjacent residential uses. Encourage off-street courtyards accessible from major pedestrian walkways. Emphasize an abundance of landscaping planted to create an informal character. Treat structures as individual buildings set within a landscaped green space, except for buildings fronting on: Carlsbad Village Drive, State Street, Grand Avenue, Carlsbad Boulevard and Roosevelt Street Parking and Access: Provide landscaping within surface parking lots Provide access to parking areas from alleys wherever possible. Locate parking at the rear of lots. Devote all parking lot areas not specifically required for parking spaces or circulation to landscaping. Avoid parking in front setback areas. Avoid curb cuts along major pedestrian areas. Avoid parking in block corner locations. Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. Project: Roosevelt Garden Condominiums The project is predominately surrounded by residential uses. The nature of the use does not warrant the inclusion of benches and low walls. The proposed project will not conflict with retail continuity. The project does not include a drive-thru. Adequate setbacks are provided along the side of the property to minimize privacy loss for adjacent residential uses. A courtyard is proposed to be used by residents of the project. Landscaped areas along the front, sides, and rear of the buildings will provide for an informal setting. Landscaping will be provided along the sides of the buildings. Landscaping is provided within the surface parking lot. The subject property does not abut an alley. The project will provide access to parking from Roosevelt Street. Parking is located away form the street and landscaped appropriately. Surface parking lot areas are adequately landscaped. Parking is located not located within the front yard setback. Curb cut is required for driveway along Roosevelt Street. Parking is not located in a block corner location. Appropriate setbacks and landscaping are provided adjacent to pedestrian areas. Avoid buildings which devote significant portions of their ground floor space to parking uses. Place parking for commercial or larger residential projects below grade wherever feasible. Enhance parking lot surfaces to divide parking lot paving into smaller segments. Building Forms: Provide for variety and diversity. Each building should express its uniqueness of structure, location or tenant and should be designed especially for their sites and not mere copies of generic building types. Step taller buildings back at upper levels. Break large buildings into smaller units. Maintain a relatively consistent building height along block faces. Utilize simple building forms. Trendy and "look at me" design solutions are strongly discouraged. Roof Forms: Emphasize the use of gable roofs with slopes of 5 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. Avoid mansard roof forms. The parking is fully integrated into the site design and plays a more subordinate role through appropriate landscaping. The building front is primarily dedicated to a desired affordable condominium use. Parking is not visually significant. Underground parking is economically unfeasible for a strictly affordable project. Parking lot entry is enhanced. The buildings has been designed specifically for the unique layout of the property and topography. The buildings design provides for articulation on all sides, varying setbacks, and other architectural features, which provide for a unique character. Architectural features and relief appears to step the upper level of the buildings back. The size and configuration of the lot does not warrant breaking the buildings up into smaller units. However, varying roof peaks and various architectural features serve to break up the mass of the buildings. The height of the new structures is consistent with other commercial and residential buildings in the area. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The buildings is not trendy or "look at me" in design. The project is providing a 5:12 as required in District 8. Dormers are not included as part of the project design. The project uses a flat concrete tile roofing. The buildings do not incorporate flat roofs. This will be a requirement of the project. The project does not utilize mansard roof forms. Building Facades: Emphasize an informal architectural character. Building facades should be visually friendly. Design visual interest into all sides of buildings. Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. Give special attention to upper levels of commercial structures. Provide special treatment to entries for upper level uses. Utilize applied surface ornamentation and other detail elements for visual interest and scale. Respect the materials and character of adjacent development. Emphasize the use of the following wall materials: wood siding; wood shingles; wood board and batten siding; and stucco. Avoid the use of the simulated materials; indoor/outdoor carpeting; distressed wood of any type Avoid tinted or reflective window glass. Utilize wood, dark anodized aluminum or vinyl coated metal door and window frames. Avoid metal awnings and canopies. Utilize light and neutral base colors. Limit the materials and color palette on any single By providing for attractive facades and landscaping, the project is very visually appealing. Visual interest is added to the buildings through various architectural features. The design of the buildings incorporates design elements into all building facades, thereby creating visual interest in the buildings. The project makes good use of various sized multi-paned windows with decorative trim, and the use of a variety of materials. Multi-paned windows with decorative trim are used in the project. The buildings design provides for recesses and projections on the second story of the buildings, which will create shadows and contrast. The development is not a commercial structure. The second floor of the residence will be accessed through an exterior stairway that has been incorporated into the architectural design of the building Detail elements have been incorporated into the buildings, which include; vinyl shutters, wood corbies, wood gable ends, and stucco columns. The materials and colors proposed for the buildings will not conflict with adjacent developments. The exterior walls utilize a stucco exterior. None of the noted materials have been indicated for use. The windows are clear glass. Wood or fiberglass doors and vinyl window frames will be utilized. No metal awnings and canopies are proposed. The project utilizes a light and neutral color scheme. The project incorporates one primary base stucco building (3 or less surface colors) Residential; Encourage front entry gardens Locate residential units near front property lines and orient entries to the street. Provide front entry porches. Provide windows looking out to the street. Utilize simple color schemes. Provide decorative details to enrich facades. Emphasize "cottage" form, scale and character Emphasize an abundance of landscaping. Limit access drives to garages or surface parking areas. Encourage detached garages which are subordinate in visual importance to the house itself. Provide quality designed fences and walls. Visually separate multi-family developments into smaller components. color. Landscaping is proposed along all street frontages to contribute to the overall visual quality of the neighborhood. Ample room is available on the balconies for residents to incorporate flower boxes and landscape planters. The residential building closest to Roosevelt Street is oriented towards the street. The project design provides a front entry oriented towards the street. Windows look out to Roosevelt Street. The project utilizes a simple color scheme A variety of materials are being used along facades with the incorporation of decorative shutters around windows. The project design does not lend itself to "cottage" form, scale and character. Open space and landscaping encompass 30.55% of the property. There is one access drive to the project off Roosevelt Street maximizing the amount of landscaping adjacent to neighboring properties. Not applicable to Multi-Family projects. Wood fences are incorporated along the sides and the rear of the site. The design of the project serves to visually separate the buildings into smaller elements. 1 DESIGN REVIEW BOARD RESOLUTION NO. 317 ~ A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 3 REQUEST TO AMEND MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-04 TO ALLOW A PREVIOUSLY APPROVED TWO-STORY, 11- 4 UNIT AFFORDABLE APARTMENT PROJECT BE CONSTRUCTED AS A CONDOMINIUM PROJECT ON PROPERTY LOCATED AT 2578 5 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT AREA. 6 CASE NAME: ROOSEVELT GARDEN CONDOMINIUMS 7 APN: 203-102-33 CASE NO: RP 04-04A 8 WHEREAS, San Diego Habitat for Humanity, "Developer", has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by the Carlsbad Redevelopment Agency, and known as Assessor Parcel 12 Number 203-102-33 ("the property"); and 13 WHEREAS, said application constitutes a request to amend Major Redevelopment 14 Permit RP 04-04 to allow a previously approved two-story, 11-unit affordable apartment project be constructed as a condominium project, as shown on Exhibits "A-l", dated jy February 26, 2007, on file in the Housing and Redevelopment Department, "Roosevelt 18 Garden Condominiums RP 04-04A / CT 06-18", as provided by Chapter 21.35.080 of the 19 Carlsbad Municipal Code; and 20 WHEREAS, the Design Review Board did on the 26th day of February, 2007, 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 91^J arguments, if any, of persons desiring to be heard, said Board considered all factors relating to 24 "Roosevelt Garden Condominiums RP 04-04A / CT 06-18". 25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows: 27 A. That the foregoing recitations are true and correct. 28 1 B. That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Roosevelt Garden Condominiums RP 04- 04A / CT 06-18, based on the following findings and subject to the following 4 conditions: 5 GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 6 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 2. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for establishment of the RH density designation for the project, is in conformance with the Elements of the City's General Plan, the Carlsbad 13 Village Area Redevelopment Plan, and the Carlsbad Village Master Plan and Design Manual based on the facts set forth in the staff reports dated February 26, 2007 14 including, but not limited to the following: 15 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- 16 family residential use in an appropriate District within the Village. This enhances and maintains the area as a residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential opportunities, the project helps to create a lively, interesting social environment by encouraging more of a 24-hour life in the Village, which provides the necessary customer base to attract complementary commercial uses. The project design serves to reinforce 20 the pedestrian-orientation desired for the downtown area by providing street improvements along Roosevelt Street. 21 b. The project is consistent with the Village Redevelopment Plan in that: 1) it 22 establishes the Village as a quality shopping, working, and living environment by providing for a multi-family condominium project which 23 serves to increase the type of housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area by providing for sidewalks along the front of 25 the property, 3) it stimulates property improvements and new development in the Village through the development of a highly visible site which may 26 serve as a catalyst for future redevelopment in the area, and 4) it improves the physical appearance of the Village Area by replacing a currently 27 underdeveloped site with an aesthetically pleasing set of buildings, landscaping, and other site improvements. 28 DRBRESONO. 317 -2- c. The project as designed is consistent with the land use plan, development 2 standards for Land Use District 8 (with the exception of the appropriate standard modifications outlined in the staff report dated February 26, 3 2007), design guidelines, and other applicable regulations set forth in the Village Master Plan and Design Manual. 4 d. The existing streets can accommodate the estimated ADTs and all required 5 public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best management 9 practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 10 e. The proposed project will not have an adverse impact on any open space 11 within the surrounding area. The project is being developed on a vacant lot which has appropriate zoning for a multi-family project. The project is also 12 consistent with the Open Space 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 fire protection and other safety standards. 16 g. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the 17 Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing 18 Agreement to provide and deed restrict eleven (11) dwelling units as affordable to very low income households for forty-five (45) years. h. The proposed project meets all of the minimum development standards set forth in Carlsbad Village Redevelopment Master Plan and Design Manual with the exception of the justifiable standards modifications outlined in the report to the Design Review Board dated February 26, 2007 as permitted by 22 Carlsbad Municipal Code Section 21.53.120. The building has been designed in accordance with the concepts contained in the Design 23 Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates many of the architectural features of surrounding 24 developments. The buildings, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual, which serves as the adopted land use plan for the area. The overall plan for the project provides for adequate usable open space, circulation, and off-street parking. The parking is well integrated into the project. The 27 project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. The overall architecture is 28 compatible with the surrounding area and consistent with the Village DRBRESONO. 317 -3- character as set forth in the Village Design Manual. 2 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 (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan 4 density designation is as follows: 5 a. The proposed project density is compatible with the surrounding area which contains a variety of uses such as high-density residential, 6 commercial office and a trailer park. Residential uses in the area are predominantly high-density multi-family residential. Application of the RH 7 General Plan designation on the subject property allows for the construction of a project that is compatible with the mixture of ° surrounding uses in terms of size, scale, and overall density. Q b. 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 the Village. The higher density designation makes it financially feasible to construct multi-family condominium units in today's economy. This will be the first deed 12 restricted affordable housing development in the Village Redevelopment Area for very low income households. 13 c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Village Transit Station and Bus Stops). Higher 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 17 congestion and improved air quality. 18 4. The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project approval. 21 5. There have been sufficient developments approved in the quadrant at densities below the 22 control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 24 6. All necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 25 created by this project and in compliance with adopted City standards, in that all required public facilities necessary to accommodate the proposed development have been provided or are required as conditions of project approval. 27 7. The project is consistent with the City-wide Facilities and Improvements Plan, the Local 28 Facilities Management Plan for Zone 1, and all City public facility policies and DRBRESONO. 317 -4- ordinances. The project includes elements or has been conditioned to construct or 2 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 3 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified 6 School District that the project has satisfied its obligation to provide school facilities. 7 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. 9 c. The Public Facility fee is required to be paid by Council Policy No. 17 and 10 will be collected prior to the issuance of building permit. 11 8. The project is consistent with the City's Landscape Manual. 9. The Design Review Board has reviewed each of the exactions imposed on the Developer , 3 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 14 degree of the exaction is in rough proportionality to the impact caused by the project. 15 GENERAL CONDITIONS: 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance 2Q of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are 22 gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit. 23 2. Staff is authorized and directed to make, or require the Developer to make, all 24 corrections and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on 25 the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 27 3. The Developer shall comply with all applicable provisions of federal, state, and local ~o ordinances in effect at the time of building permit issuance. DRBRESONO. 317 -5- * 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code ., Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the 4 project without the condition complies with all requirements of law. 5 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 6 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 7 attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or 8 issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 9 and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have ,, been concluded and continues even if the Agency's approval is not validated. 12 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 13 conditions approved by the final decision making body. 14 7. 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 15 format. 16 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to 17 provide school facilities. 18 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 20 10. This approval is granted subject to the approval of CT 06-18 and is subject to all 2i conditions contained in Design Review Board Resolution No. 318 for those other approvals incorporated herein by reference. 22 11. This approval shall become null and void if building permits are not issued for this 23 project within 24 months from the date of project approval. 24 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 25 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 26 facilities will continue to be available until the time of occupancy. 27 13. Approval is granted for Redevelopment Permit RP 04-04A as shown on Exhibits A - I, dated February 26, 2007, on file in the Housing and Redevelopment Department andZo DRBRESONO. 317 -6- ^",<-/ incorporated herein by reference. Development shall occur substantially as shown _ unless otherwise noted in these conditions. 3 HOUSING CONDITIONS; 4 14. Prior to the approval of the first building permit for this project, the Developer shall enter into an Affordable Housing Agreement with the City/Agency to provide and deed 5 restrict 11 dwelling units as affordable to low-income households for 45 years, in accordance with the requirements of California Redevelopment Law and the 6 processes of the Carlsbad Municipal Code. The draft Affordable Housing Agreement and site plan shall be submitted to the Housing and Redevelopment Director no later 7 than 60 days prior to the request to issue the first building permit. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. o 15. This project is being identified as a Combined Inclusionary Housing Project per IQ Section 21.85.80 of the Carlsbad Municipal Code. Future market rate developers will be able to purchase affordable housing credits in the subject project in order 11 to satisfy their own inclusionary housing requirement, subject to the review and approval of the City Council. All agreements between parties to form a combined 12 inclusionary housing project shall be made a part of the affordable housing agreement required for the site(s), which affordable housing agreement(s) shall be 13 approved by Council. 14 LANDSCAPE CONDITIONS: 16. The Developer shall submit and obtain Housing and Redevelopment Director 16 approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The 17 Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, 18 trash, and debris. 19 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by 20 the project's building, improvement, and grading plans. 21 MISCELLANEOUS CONDITIONS: 22 18. The Developer shall establish a homeowner's association and corresponding covenants, »- conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of 24 a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the 25 Department of Real Estate and the Housing and Redevelopment Director. At a minimum, the CC&Rs shall contain the following provisions: 27 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 28 of, or in which the City has an interest. DRBRESONO. 317 -7- 1 2 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 3 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 4 19. This project is being approved as a condominium permit for residential homeownership 5 purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days. The CC&Rs for the project shall include this 6 requirement. 7 20. Prior to issuance of building permits, the Developer shall submit to the Housing & o Redevelopment Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents 9 and exhibits. 10 21. 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 11 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 12 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, 13 this approval will not be consistent with the General Plan and shall become void. 14 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment.16 23. 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 recreational facilities. 19 24. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable the Housing & Redevelopment Director, in the sales office at all times. All sales 20 maps that are distributed or made public shall include but not be limited to trails, future and existing schools, parks and streets. 21 25. Developer shall post a sign in the sales office in a prominent location that discloses 22 which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 23 NOTICING CONDITIONS:24 26. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad's Redevelopment Agency has found 27 that the project is Exempt from Environmental Review and has issued a Major Redevelopment Permit by the Housing and Redevelopment Commission 28 Resolution(s) No. 317 on the property. Said Notice of Restriction shall note the property DRBRESONO. 317 -8- 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 3 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. 4 ON-S1TE CONDITIONS: 5 27. The Developer shall construct trash receptacle and recycling areas as shown on the 6 site plan with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Housing 7 and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director. o 28. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and JQ Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 29. The Developer shall submit and obtain Planning Director approval of an exterior lighting 12 Plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 13 30. Developer shall construct, install and stripe not less than 19 resident parking spaces 14 and 5 guest parking spaces. 15 31. The project shall have a master cable television hookup. Individual antennas shall , . not be permitted.16 17 32. There shall be separate utility systems for each unit. 18 STANDARD CODE REMINDERS: 19 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 20 Fees 21 _ 33. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 23 34. The Developer shall pay a landscape plan check and inspection fee as required by 24 Section 20.08.050 of the Carlsbad Municipal Code. 25 General 26 35. 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 time of building 27 permit issuance, except as otherwise specifically provided herein. 36. The project shall comply with the latest nonresidential disabled access requirements 28 pursuant to Title 24 of the State Building Code. DRBRESONO. 317 -9- 1 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 38. Any signs proposed for this development shall at a minimum be designed in 4 conformance with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and 5 approval of the Housing and Redevelopment Director prior to installation of such signs. 6" 7 NOTICE 8 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 12 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 13 annul their imposition. 14 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, 15 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 16 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 317 -10- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review 7 Board of the City of Carlsbad, California, held on the 26th day of February, 2007 by the following vote to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 ABSTAIN: 8" 9 10 , CHAIRPERSON DESIGN REVIEW BOARD 12 ATTEST: 13 14 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR is" 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 317 -11- ATTACHMENT "A" LEGAL DESCRIPTION APN 203-102-33 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 44 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1722, filed in the Office of the County Recorder of said San Diego County, July 28, 1921. Excepting therefrom the Northeasterly 140.50 feet thereof, said Northeasterly 140.50 feet being measured along the Southeasterly line of said lot and parallel with the Northeasterly line of said Lot 44. Said legal description was created and further described in that certain Certificate of Compliance recorded February 10, 2003 as instrument no. 2003-0153150 of Official Records. DESIGN REVIEW BOARD RESOLUTION NO. 318 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF CARLSBAD TRACT NUMBER CT 06-18 TO SUBDIVIDE .56 ACRES INTO ELEVEN (11) AFFORDABLE 4 CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 2578 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE 5 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: ROOSEVELT GARDEN CONDOMINIUMS CASE NO.:CT06-18 7 WHEREAS, San Diego Habitat for Humanity, "Applicant", has filed a verified 8 application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Carlsbad Redevelopment Agency, "Owner", described as Assessor Parcel Number 203-102-33 and more thoroughly described in Attachment A ("the Property"); 12 and 13 WHEREAS, said verified application constitutes a request for a Tentative Tract 14 Map as shown on Exhibit(s) "A-l" dated February 26, 2007, on file in the Housing and 15 Redevelopment Department as "Roosevelt Garden Condominiums RP 04-04A/CT 06-18", 16 as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 17 «hWHEREAS, the Design Review Board did, on the 26 day of February, 2007, 18 hold a duly noticed public hearing as prescribed by law to consider said request; and 19 WHEREAS, at said public hearing, upon hearing and considering all testimony 20 and arguments, if any, of persons desiring to be heard, said Board considered all factors 21 relating to the Tentative Tract Map. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 23 of the City of Carlsbad as follows:24 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Roosevelt Garden Condominiums CT 27 06-18, based on the following findings and subject to the following conditions: 28 Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, the Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles ~ 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems. 2. That the proposed project is compatible with the surrounding future land uses since 4 surrounding properties are located within Land Use District 8 of the Village Redevelopment Area and the intent of the Village Master Plan is to reinforce the 5 pedestrian environment, encourage mutually supportive use and provide a major activity focus for Carlsbad Village and the City as a whole. 6 3. That the site is physically suitable for the type and density of the development since the 7 site is adequate in size and shape to accommodate residential development at the density proposed, in that the development is consistent with the RH density 8 designation which has been assigned to the property based on the following findings: ,„ a. The density is compatible with the surrounding area, which contains a variety of uses such as residential, commercial office, retail, and light industrial. Residential uses in the area include high-density multi-family residential. Application of the RH General Plan designation on the subject 12 property allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 13 b. The RH General Plan density designation serves to satisfy the goals of the 14 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within the Village. The higher density designation makes it financially feasible to construct the multi- family units in today's economy. The Village Redevelopment Area has an abundance of "for-sale" residential units, and these deed restricted affordable units for very low income households provide an ownership opportunity not previously available. 18 c. The RH General Plan density designation serves to satisfy the objectives of 19 Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village 20 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. 23 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 24 public at large, for access through or use of property within the proposed subdivision, in that the property has frontage on Roosevelt Street and there are no easements 25 granting access through the property to others. 26 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 27 6. That the design of the subdivision provides, to the extent feasible, for future passive or 28 natural heating or cooling opportunities in the subdivision. DRBRESONO. 318 -2- 7. That the Design Review Board has considered, in connection with the housing 2 proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and 3 environmental resources. 4 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 5 habitat, in that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it 6 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. Therefore, the Design Review Board finds that there is no substantial evidence the project will have a significant effect ° on the environment. o 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant 1 Discharge Elimination System (NPDES) permit. 12 10. The Design Review Board finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, the Village Redevelopment 13 Plan and Village Master Plan and Design Guidelines based on the facts set forth in the staff report dated February 26, 2007 including, but not limited to the following: the 14 project will provide for a permitted multi-family development in an appropriate location within Land Use District 8 of the Village Redevelopment Area. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and 17 ordinances since: ,0 a. The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the 20. requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 21 b. Statutory School fees will be paid to ensure the availability of school facilities in 22 the Carlsbad Unified School District. 23 c. Park-in-lieu fees are required as a condition of approval. 24 d. All necessary public improvements have been provided or are required as conditions of approval. 25 e. The developer has agreed and is required by the inclusion of an appropriate 26 condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available 27 concurrent with need as required by the General Plan. 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional DRBRESONO. 318 -3- / •?, 1 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 3 13. This project has been conditioned to comply with any requirement approved as part of 4 the Local Facilities Management Plan for Zone 1. 5 Conditions: 6 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or the issuance of building permits, whichever occurs first. 7 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 8 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City9 shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 11 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 12 interest by the City's approval of this Major Redevelopment Permit and Tentative Tract Map. 13 2. Staff is authorized and directed to make, or require the Developer to make, all 14 corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. 15 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this 16 approval. 17 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance.18 4. If any condition for construction of any public improvements or facilities, or the payment 1" of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be 2| invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 22 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 23 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and 24 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 25 approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with 26 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 27 from the emission by the facility of electromagnetic fields or other energy waves or emissions. DRB RESO NO. 318 -4- 1 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the 2 (Tentative Map/Site Plan) reflecting the conditions approved by the final decision making body. 3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 4 Director from the School District that this project has satisfied its obligation to provide school facilities. 5 8. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7 9. Building permits will not be issued for this project unless the local agency providing 8 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at 9 the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 1" shall be placed on the Final Map. Engineering Conditions: 12 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the 13 approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 14 General 15 10. Prior to hauling dirt or construction materials to or from any proposed construction site 16 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 11. The area designated for vehicular back up shall be clearly delineated with signage and/or pavement graphics to preclude unauthorized parking. 19 12. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the 20 tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body. The reproducible 21 shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, 22 improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 23 13. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless 24 the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including 25 court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with 27 the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of 2g the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. DRBRESONO. 318 -5- 14. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 2 recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 4 15. Subject to the City Engineer's approval, the property owner shall enter into an 5 encroachment agreement with the City for the proposed enhanced pavement shown within the driveway. Application processing and criteria for said 6 encroachment agreement is subject to the requirements established by the City Engineer. 7 Fees/Agreements8 16. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the site 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. 12 Grading 13 17. Based upon a review of the proposed grading and the grading quantities shown on the 14 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 15 the project. Dedications/Improvements 17 18. 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 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be 2Q 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: 21 A. All owners and tenants shall coordinate efforts to establish or work with 22 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 23 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 24 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 25 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 26 Federal, State, County and City requirements as prescribed in their respective containers.27 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. DRBRESONO. 318 -6- U- 1 2 19. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan 3 (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the 4 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 5 or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 6 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; 8 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident 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 12 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 13 practicable. 14 20. Prior to building permit or grading permit issuance, whichever occurs first, developer shall design, apply for and obtain approval of the City Engineer, for the structural section 15 for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The 16 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 17 grading plan review whichever occurs first. 18 21. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall ,_„ be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 21 22. Developer shall execute and record a City standard Subdivision Improvement 22 Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, 23 but not limited to installation of sewer and water mains and related appurtenances to City Standards to the satisfaction of the City Engineer. The improvements are: 24 a) All sewer and water facilities located within the public right-of-way 25 and proposed on-site public utility and public utility access easement. 26 b) Curb outlet and driveway approach within the public right-of-way and the "easement for public sidewalk and incidental purposes", as shown on the tentative map. 98 A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above DRBRESONO. 318 -7- '• -'' 1 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Final Map Notes 4 23. Developer shall show on Final Map the net developable acres for each parcel. 5 24. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 6 A. All improvements are privately owned and are to be privately maintained with the exception of the following: 7 1 . All sewer and water facilities located within the public right-of-way and 8 proposed on-site public utility and public utility access easement. 2. Curb outlet and driveway approach within the public right-of-way and the "easement for public sidewalk and incidental purposes", as shown on the tentative map. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 12 Carlsbad Municipal Water District 14 25. 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 15 Authority capacity charge(s) prior to issuance of Building Permits. 16 26. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be 17 reflected on public improvement plans. I O1 ° 27. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 20 28. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of 22 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 23 29. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 24 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 25 satisfaction of the District Engineer. 26 30. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the (Tentative Map/Site Plan) to the satisfaction of 27 the District Engineer. Proposed public facilities shall be reflected on public improvement 28 DRB RESO NO. 3 1 8 -8- 1 2 31. The Developer shall provide separate potable water meters for each separately owned unit. 32. Sewer cleanouts shall be provided for each sewer lateral per City Standards. 4 33. The proposed water service pipe for the fire sprinkler system shall be a minimum 6 inches in diameter for that portion installed within the public right-of-way. 5 , Code Remindero 7 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 8 A. The tentative map shall expire twenty-four (24) months from the date this tentative map 9 approval becomes final. 10 B. This approval is granted subject to the approval of RP 04-04A and is subject to all conditions contained in Design Review Board Resolution No. 317 for those other 11 approvals and incorporated by reference herein. 12 B. 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 13 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 15 NOTICE 16 Please take NOTICE that approval of your project includes the "imposition" of fees, 17 dedications, reservations, or other exactions hereafter collectively referred to for , 0 convenience as "fees/exactions."Io 19 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 20 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 21 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. 23 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 24 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 25 which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 27 28 DRB RESO NO. 318 -9- ,V 1 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review 2 Board of the City of Carlsbad, California, held on the 26th day of February, 2007, by the 3 following vote to wit: 4 AYES: NOES: 6 ABSENT: 7 ABSTAIN: 8 9 10 , CHAIRPERSON DESIGN REVIEW BOARD 11 ATTEST: 12 " 13 14 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR 15" 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 318 -10- ATTACHMENT "A" LEGAL DESCRIPTION APN 203-102-33 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 44 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1722, filed in the Office of the County Recorder of said San Diego County, July 28, 1921. Excepting therefrom the Northeasterly 140.50 feet thereof, said Northeasterly 140.50 feet being measured along the Southeasterly line of said lot and parallel with the Northeasterly line of said Lot 44. Said legal description was created and further described in that certain Certificate of Compliance recorded February 10, 2003 as instrument no. 2003-0153150 of Official Records. SITE ROOSEVELT GARDEN CONDOMINIUMS RP Q4-04A / CT 06-18 »» CDO O 0-1-CCO ii! =111 3333 |! i ,1.1sh i, iliihiilL,5 •'.', si ; suiii;111 Hj inisi! O . . ACVCItt i - [ iI ,11 I 1 i MI!! III Ill i l|:!! hullH?iiHHii e a i -US 'Hill!iii!!!!!i!l i \ i ii \ p pi oi !!fi ill!llll i ! i i I M: ni H l!H H ii II!! !! || ih! Q. I (/} I as '*& \AIP iiHI si if-\l illlll , l!m if!"SIm& --:- P! !i i i i I !! ilie ! iim! II ! S|I iiiiitlHih if n rprrzrzt L | 5 r-.-i -\l / ^ r^\L3 — g ; II I IIffl u. CM • < go05 ! s *,=|Is S Si I ^"~~\ = =MruJ ii = tilI !lii !! ss! iWlJill CO •< i / \ la y y \_J^-^r p O !l I iS|= iilll= 5=s Illii 8N3QUVD n3A3SOOU AllNVKIflH UOd 1V1I8VH O03IQ NVS II IdBONOO 19 G 0)©OS HI O o O LLJ Q. < O CO O '18 NOSIdVM at —v- -J UJ Syj•<J u_ ujC ? D i! D-O KUJ ft SB §QPlO~l Sqi 81 133016 H3A3SOOH I swaauvo na/vasood AllNVWOH UOd 1V1I8VH O03IQ NVS *l fl 31ti raid UORBAJMUOO £ B 1 S ID £ 1 §P J 3 CTCO CO ±1 o S Sc '5>"g o •S-cilf iM*i S e EI j s S S g-l &.1.1 »pln os>f5^&l H §,< E5£Q g = T3n o o-C rt S < CL I LJJ ooa: LJJ |cE<§e||'S|"? -cS-cOTSJ?"S2«"5»»SJ*-c*Jo^rnc EC 111 If i 11h- o> S oi t ro D> : I111CO2Ooa: LU i * ?«5 tel « o ; o | * •§ -S =|| til;ii««€!J>S|||S T3 0) *" 4 |SS« =•O _ >, fc __ •D CO W ^ CD CO W (0 ( to T- ^ O O ' iS^fljSTJCoSoj! C5^- WC'DCT-ia>^.(— raOTcorar- i P3 ^- i|ifguHG3Eie t u * t » •» •. •„ B a ! 6 5 5 •, i •. oI>-o Q. 3 oI r toa u ill < £i EXHIBIT 5 DRAFT DRB MINUTES DATED FEBRUARY 26,2007 Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: FEBRUARY 26, 2007 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Acting Chairperson Lawson called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Acting Chairperson Lawson asked Board Member Whitton to lead the group in the Pledge of Allegiance. ROLL CALL Acting Chairperson Lawson proceeded with the roll call of Board Members. Present: Board Members: Julie Baker Darren Hamilton Michael Schumacher Frank Whitton Chairperson: Tony Lawson Absent: None Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Assistant City Attorney: Jane Mobaldi Engineering: David Rick APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the November 13, 2006, meeting as written. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS Acting Chairperson Lawson asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present the item on the agenda tonight. Ms. Fountain said the item on the agenda tonight is a public hearing and it is for the Roosevelt Garden Condominiums, RP 04-04A. This is an amendment to a previously approved major redevelopment permit. Cliff Jones, the Project Planner, assisted by Dave Rick, the Project Engineer, will make the presentation tonight. Mr. Jones said the applicant, San Diego Habitat for Humanity, is requesting an amendment to a major redevelopment permit RP 04-04 to allow a previously approved two-story, eleven-unit affordable apartment project to be constructed as a condominium project on property located at 2578 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment area. In accordance with redevelopment permit procedures, the major redevelopment permit amendment 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 east side of Roosevelt Street in between Laguna Drive and Beech Avenue. The subject property totals 24,548 square feet and is currently vacant. The project is bordered by an apartment project to the south called Ryanne Apartments, a three-story office use exists to the north of the site called Brittany Court, to the east behind the subject property exists two single family residences, and the properties to the west are residential uses, a two-story office use and a trailer park. The remainder of the DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 2 of 15 block is comprised of a mixture of uses including apartment buildings, condominiums, single-family homes, office buildings and commercial and retail uses. The applicant is requesting an amendment to major redevelopment permit RP 04-04 in order to construct the previously approved affordable apartment project as a condominium project. The proposed buildings and site plan are not intensifying or substantially changing as part of this request. The project development remains as two two-story buildings with a total of eleven very low income affordable units. Building one provides for a total of five units, and building two provides for a total of six units. Of the eleven condominium units, eight units are one-bedroom units, totaling 6,774 square feet and three units are two-bedroom units ranging from 894 to 900 square feet. Each unit is equipped with private balconies and/or roof patios for recreational purposes and the project fronts as well as takes access off of Roosevelt Street. Multifamily residential uses are classified as permitted uses within Land Use District 8. The proposed multifamily project meets the goals and objectives of the Village Master Plan by providing additional affordable housing opportunities in the village, providing for the development of a vacant lot, serving as a catalyst for future redevelopment, and increasing the number and quality and diversity of housing types. The project design meets the standards of the Village Master Plan and Design Manual as follows: • The project provides for an abundance of open space and landscaping at 37%; • The project provides for a reduced building coverage at 22.5%; • And the building height of the project is in compliance with the established standard set well below the standard at 26 feet. However, the applicant is requesting modifications from the standards of the Village Master Plan and Design Manual in order to provide a condominium project with the same number of units as the previously approved apartment project provided in unit count. The municipal code allows for affordable housing projects, such as the proposed condominium project, to have less restrictive development standards as long as the project is in conformity with the general plan, adopted policies and goals of the City, and the project has no detrimental affect on the public health, welfare and safety. The findings necessary to approve the proposed modifications are contained within the Design Review Board Staff Report. The requested standard modifications are as follows: • A request to exceed the maximum front yard setback of 15 feet in order to allow a maximum set back of 19 feet as proposed; • Allow side yard set backs below 10 feet, 8 inches, allowing a minimum of 5 feet on the south side and 9 feet, 10 inches on the north side. It is noteworthy that the proposed set backs were previously approved as part of RP 04-04. The applicant is also requesting the project to be parked at the previously approved apartment parking standards rather than the condominium parking standards, which results in 24 parking spaces being provided on site, which is 3 spaces less than the required condominium parking requirements. The applicant is also requesting modifications from the planned development ordinance. These standards do not apply to apartment projects and therefore were not built into the project design of the previously approved apartment project. The applicant did make every effort to conform to these standards. However, they are requesting standard modifications from the common area recreational space and the tenant's storage space requirements. The proposed project was found to be compliant with the Village Design principles. The project incorporates several design elements to achieve the desired village character including varied rooflines, decorative wood doors and shutters, multipaned windows with decorative trim, various building recesses, open rail balconies and/or patios, asphalt style tile roofing with a 5 and 12 roof pitch, and as part of the project design, the project incorporates landscaping on all sides of the building. DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 3 of 15 The project has been found to be exempt from an 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. Redevelopment of the site will result in increased property taxes, which will result in increased tax increment to the Redevelopment Agency. Additionally the project will serve as a catalyst for future redevelopment in the area, either new development or rehabilitation of existing buildings. In conclusion, staff is recommending approval of the project with the proposed standard modifications. Development of the site will have a positive financial impact on both the City and the Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. I would like to add the Redevelopment Agency did receive two letters of public comment that have been distributed to all of the Design Review Board members. Board Member Baker said to Mr. Jones that she noticed in the staff report he mentioned they remain affordable for 45 years. Could you explain? Since these are condominiums and people buy them and sell them, how does that work? How does the City participate in the buying and selling as the property changes hands throughout the years? Mr. Jones said he would redirect that question to Ms. Debbie Fountain, the Housing and Redevelopment Director. Ms. Fountain said on all of the for-sale product we have an agreement with the developer, and in this case it would be Habitat for Humanity. For the first sale they have to qualify as a very low income eligible buyer. Once we review and they are qualified, there is a regulatory agreement that goes as a restriction on the property that for the first 15 years, they will need to sell it to another very low income person. That way it stays in our inventory for at least the first 15 years. From year 16 on, and in this case to 45 years, then they could sell it at a market rate price, but then we recapture subsidy that is on the unit. We could probably also have Habitat respond to your question as well, because Habitat also has additional restrictions that they work into projects. So they can tell you how they have done that in the past. Those are our typical restrictions on all of our affordable housing projects that are for-sale. Board Member Baker asked what percentage of the county median income is very low income. Ms. Fountain said she did not have her income chart with her. Hopefully Habitat has brought theirs and can tell you what those income levels are for this group that is going in there. Board Member Hamilton said he is trying to figure out who would control the selection process. Would it be the City of Carlsbad or Habitat for Humanity? Ms. Fountain said the City requires the developer to control that process. Staff reviews to make sure they are income qualified so we review the final paperwork before they close escrow. In all of our projects, it is up to the developer to control that process. Board Member Hamilton said it is his understanding that people would apply to Habitat for Humanity in San Diego in order to get qualified for a project in the City of Carlsbad. Ms. Fountain answered correct, it is still the developer that does that. We actually keep an interest list in our office of residents that either live in Carlsbad or citizens that work in Carlsbad. We give that list to any of the developers, and in this case it would be Habitat for Humanity. They would combine our list with any list they have of on-going interest, and then they qualify through an application process. Board Member Schumacher asked if there is a bank of inventory in the Village of other similar product; of either very low income or low income that is already in place. DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 4 of 15 Ms. Fountain asked if he was asking about other units that are available for purchase or other units that we have had a similar restriction on. Board Member Schumacher answered both. Ms. Fountain said there are two other projects in the Village area, Village-by-the-Sea and Laguna Point Condominiums, that had an inclusionary housing requirement so they were for-sale units. Village-by-the-Sea had 11 units that were sold to low-income households. Laguna Point had three units that were sold to low income. This is the first project in the Village area for very low income households. Board Member Schumacher asked if this project was exclusively very low income. Ms. Fountain said correct. Board Member Schumacher continued that Laguna Point, for example, had a portion of it that was an allocation for low income. Is this the only project that is exclusively, all 11 units, very low income? Ms. Fountain answered correct, 100% of the units are affordable. Laguna Point had 21 units total, and three of them were for low income. The Village-by-the-Sea had 65 units total, and 11 of them were low income affordable. Board Member Schumacher asked if these 11 units are satisfying a requirement for another project. Ms. Fountain said currently they are not limited to assisting another project. The reason we originally pursued this project was the Village area, as a whole, because it is a redevelopment area by law has a requirement to produce housing for very low income households and it has to be restricted housing that has these types of regulatory agreements that I just mentioned. These 11 units will actually meet the overall Village requirement for very low income. If we didn't do this working in cooperation with Habitat, then individual developers, as they built housing, would have to produce this very low income housing. In effect, it is meeting the requirements of other developments, but our current inclusionary requirement doesn't require those developers to do it, the redevelopment agency has taken on that obligation to build those units. Board Member Baker asked if this project will be available for credits for anyone building in the northwest quadrant to pay back into this project. Ms. Fountain said yes it has already been identified as a combined project by the City Council and a credit fee has already been set of $120,000 per unit. Other projects within the northwest quadrant could potentially satisfy their obligation with this project. Board Member Baker said as a follow up to that, if I am correct right now, there is no project for developers in the northwest quadrant to pay into so they have to provide on site or if they are under a certain number of units then they can pay in-lieu fees, but if they are over, they actually have to do them on site. So will this be a benefit possibly to builders? Ms. Fountain said correct. We actually have two developers who have entered into agreements to purchase four of the credits so we have seven remaining. Board Member Hamilton asked Mr. Jones if he said the parking requirement is met by this project. Mr. Jones said the parking requirement for an apartment project is less stringent than the condominium parking requirements. The project was originally approved as an apartment project. When the project came back as a condominium project, the applicant did their best to meet the condominium parking requirements; however, there is still a deficit of three parking spaces. DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 5 of 15 Board Member Hamilton asked about the roof. They want asphalt tiles instead of the clay tiles or the concrete tiles, is that true? Mr. Jones said that is correct. Board Member Hamilton asked if that was a variance from the city code for that area. Mr. Jones said it is not a variance. The applicant is proposing these asphalt tile shingles because they are cheaper to construct and require less skilled labor in order to place them on the roof itself. The concrete roof tiles do break when developers are placing them on the roofs, and over time it could be an increase in cost to those condominium owners. Board Member Hamilton asked if an HOA will have to be established. Who would maintain that HOA in the long run? Mr. Jones answered yes; the developer will be required to establish a homeowner's association for these tenants. Board Member Schumacher said Mr. Jones had mentioned in addition to the three parking spaces that are a deficit, he said there was storage and a recreation space deficit. Mr. Jones said that's correct. Board Member Schumacher asked if the applicant made an effort to redesign the project to make up for some of that, or how do you reconcile that? Mr. Jones said the applicant was working with the site plan as originally approved and did try to accommodate tenant storage space; however, with regards to the recreational space, the site plan dictated the amount of recreational space that would be provided. Board Member Baker said as a follow up to Mr. Schumacher's question, is the recreational space requirements in the PUD ordinance based on the number of bedrooms in a unit; or is a certain amount of storage required for a condominium? Mr. Jones asked if her question was directed towards the resident storage space. Board Member Baker asked if that is because these are mostly one-bedroom units and there are a few two- bedroom units, is the storage space requirements in the PUD ordinance based on number of bedrooms or is it a flat standard whether it is a one-bedroom unit or whether it is a two- or a three-bedroom unit. Mr. Jones said it is a flat standard. It is 390 cubic feet. That resident storage space has to be in one place. If it is in multiple places throughout the structure, it increases to a little over 400 cubic feet. It does not depend on the number of bedrooms. Chairperson Lawson said Mr. Jones has addressed some of these standards modifications. Could you elaborate briefly on why we are talking a standard modification versus on previously projects when we have talked about variances and how those differ and the guidelines and/or requirements so that we can make sure of our understanding. Mr. Jones said it is different because it is an affordable housing project. I would like to defer the question to either Ms. Fountain or Jane Mobaldi, Assistant City Attorney; they can probably elaborate a little further affordable project standard modifications. Ms. Fountain said under the municipal code when you have an affordable housing project, we have a process that we review through the site development plan that we allow modifications of standards as an incentive to help provide affordable housing. So you could help to provide affordable housing by giving additional density, DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 6 of 15 standards modifications, and/or financial assistance, whatever it might take to help make that project financially feasible. The way we do that is through the site development plan so it is not considered a variance. It is actually just considered a standards modification. The redevelopment permit application serves as the site development plan in the Village area. In this particular case, we are looking at these standards modifications to help this project become financially feasible. One of the things that we do need to look at in this particular case is these are units that are affordable to very low income households. Generally, it will be something less than $100,000 a unit for those households. It is fairly significant in terms of the subsidies that are required to make this project work, or to make any affordable housing project work. This is one way the city can help produce the affordable housing through these standards modifications. Chairperson Lawson said that is helpful because in prior projects, we are looking at needing to find findings for those variances, and for this that criteria does not apply. I think there is a lot of misconception when the term "very low affordable" is said. The type of people that are coming in at very low, affordable are not necessarily much different then might be even apartment renters. They could get assistance for their rent through the Section 8 Program, right? Ms. Fountain said yes our Section 8 Rental Assistance Program helps very low and extremely low income households. Many of our affordable housing projects throughout the city also assist low income, very low income and extremely low income. What we tend to find in the types of persons who are living within these units is that because it is income based, you are going to get a fairly similar type of person living whether they are in a rental product or a for-sale product. The one advantage to the for-sale product is that typically we will find somebody that may have a little bit more pride of ownership in owning that unit and it might not be as transitory in nature as a rental product can be. It can make for a very good resident in the area. Also with a for-sale product, a lot of times what we find is they are actually residents already living within our community or working within our community so they are usually people we already know. They also have to have fairly decent credit to be able to buy a unit. In this particular case in working with Habitat for Humanity, they have their sweat equity they put into the project so they create a pride of ownership through that mechanism as well. Mr. Joe Gilbreath, Program Manager for San Diego Habitat for Humanity, said he doesn't have anything to add to Mr. Jones' presentation. Habitat for Humanity is very pleased to have been approached to be a partner with the City on this project and we are looking forward to beginning the project. Hopefully, with approval tonight and with the City Council we would like to break ground later this year, and we are looking forward to that. Ms. Fountain asked Mr. Gilbreath to share what the income levels of the people would be. Did you bring that with you? Mr. Gilbreath said he did not bring it with him. The price of the home is based on the income level and we start with 50% AMI. That is based on family size, and family size could vary from one to four people. The income level is going to vary for each of those conditions. We typically base our house price on the actual income of the family. Obviously the family's income can't exceed the established limit, in this case 50%, but we use their actual income and take 30% of that, deduct the monthly fees for taxes, insurance and HOA fees and the remainder of that should be available to pay their mortgage. We offer a 0% mortgage. Then we would base that mortgage, whether it is a 20 year mortgage or a 30 or a 30+ year mortgage, based on their payment and the amount of equity that Habitat has in the home. The actual price of the home is going to vary based on the size of the family and their actual income. Board Member Whitton asked if this applies to senior citizens as well who are on a pension. Mr. Gilbreath said yes it does. They are eligible, and the same income restrictions would apply. Board Member Baker asked for very low income, it would be 50% of the county median income, of course depending upon family size, right? Mr. Gilbreath said that is correct. DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 7 of 15 Board Member Baker asked if there is an HOA and what do you anticipate monthly maintenance fees to be for families and is that taken into consideration when you are qualifying these people? Mr. Gilbreath answered they would set up an HOA. Habitat oversees that HOA, although eventually the homeowners would elect their own members to their board, and we act as the management company overseeing that. We have oversight over the reserves the HOA would accumulate for repairs and maintenance throughout the life of the project. I don't have a figure for the actual fees on that. Those are done by another company. We typically have that done by Kenmar who estimates the amount of reserves that will be needed and then the monthly HOA fees. Of course, that comes out of the 30% of their income that should be available for housing. So the higher the fees, the lower the mortgage payment would be. We try to balance that. We want to make sure there are adequate reserves to maintain the project properly. Board Member Baker asked if the CC&R's will have anything in them that would limit the number of unrelated families that could share a unit. Mr. Gilbreath said we could put into the CC&R's whatever the City would like on that as long as it meets the requirements of the fair housing act. Board Member Whitton asked how the parking is controlled. Is each car per family given a tag so if you have someone who sneaks in the middle of the night, you will know by the vehicle that is out there? Mr. Gilbreath said the parking spaces are assigned, and typically we like to do that through the HOA as opposed to the condominium plan, which is a recorded document. Most people that have advised us on condominiums recommend that because if, for instance, some homeowners want to swap parking spaces, you can do that easier if it is dictated by the HOA as opposed to recorded in the condominium plan. Board Member Hamilton asked Mr. Gilbreath to define what "sweat equity" would be for these families. Mr. Gilbreath answered for every adult owner of the property, it is 250 hours. So if it was a single parent, it would be 250 hours. A couple would have to put in 500 hours. We like to have them do their sweat equity in the home they are going to be living in. In a condominium project sometimes that varies a little bit. Sometimes depending on the family and the project, they may have to work on a different Habitat project, or they could do their sweat equity at our office in clerical work or in our resale store. Typically, we like to get them on the site working on their home. Board Member Hamilton said we are talking about 600 to 900 square foot units. When you are saying family, can you define what size of family you are talking about for these units? Mr. Gilbreath said on the two-bedroom we are talking about a maximum family size of four. On a one- bedroom it would be a maximum family size of two. Typically it would be a couple or potentially a single parent with one child. Board Member Hamilton said as a resident of the City of Carlsbad, he would be interested in seeing the City of Carlsbad choose who stays there. Since you are located in San Diego, I would want to see people in this area helped out by this project since a lot of the cost is being absorbed by the city itself. Can you put a priority on people that are already contributing to the economic factors of Carlsbad? Mr. Gilbreath answered absolutely. We will conform to whatever the City needs. Typically a city will require either a resident for the past twelve months or an employee of the City and some cities require both of them. The more restrictions you place on it, the more difficult sometimes it is to find the families. I believe in this case, we are looking for either someone who is already a resident or employed in the City. Ms. Fountain said we generally do use that as a priority that they have to live or work in Carlsbad. After they have gone through all of those in qualifying if they can't find somebody there, then they can open up to others. Quite honestly we would rather have the developer do all of that initial legwork because they have to do the DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 8 of 15 hard stuff. We still review all the paperwork and make sure they are eligible for the program, but they are actually doing all of the initial work in reviewing the applications. Chairperson Lawson said Habitat provides housing for a number of different types of people and different types of housing. As a small, attached project such as this where you have a small association and a small group of people, what kind of percentages is the makeup of the type of service you provide to the community? Is this more of a common place type of a development? I know there are many of your projects that we see on the news such as a single home or maybe some larger apartment building. I am curious as to the amount of experience you have on this type of a project. Mr. Gilbreath said they have built and completed one condominium in Escondido, and we are working on our second condominium in Escondido. This will be our third condominium and we are also beginning work with National City with what will be our fourth condominium. As far as size goes, both of our other condominium projects were two building, two story; however, their bedroom sizes were larger. There were two and three bedroom units. We are going to be targeting a different size family than the typical Habitat home. Chairperson Lawson asked if it would be fair to say with the smaller bedrooms and the fact when you are carrying that over as a very low affordability that some of the perceptions of what might be coming in is not to be of concern. I don't see these as being occupied by families with 18 little kids running around. Would that be a fair assessment? Mr. Gilbreath said that would be correct. Chairperson Lawson commented that Mr. Gilbreath mentioned about the association and oversight with respect to reserves and all. Will you have mechanisms within the CC&R's that will assure those reserves are available and that the maintenance is being kept up on a regular basis? The reason I bring this up is that many times with any kind of association, they can decide if they do or don't want to spend money on maintaining different areas. Will there be assurances that those things will stay as a requirement and be maintained over the life of the project. Mr. Gilbreath said it will be spelled out in the CC&R's. Habitat has an interest because we are holding the mortgage on these homes. This is a project that will showcase so we will want it to be maintained properly. We have a relationship with our families that we select. Once we move them into the home, the relationship between Habitat and the family is not severed. We maintain contact with all of our homeowners. I think the assurance is we are holding the mortgage on these homes. If they want to sell, we typically have the right of first refusal. We'd like to buy those back to put in another Habitat family so we want to minimize the cost it would take us to bring the unit back up to a sellable stage as well. Chairperson Lawson asked if the Carters will be present. Mr. Gilbreath said former President Carter will be in Los Angeles County later this year, but we don't have him scheduled for San Diego yet. Board Member Whitton asked if there is accommodation on the first floor of these buildings in case a resident is handicapped. Mr. Gilbreath answered Habitat as a standard tries to make all of our units accessible. We have given the architect the list of requirements as far as entry level, the door widths, hallway widths, and accessible restrooms on the first floor. We have gone back through the design and those have been met for all of the first floor units. Board Member Whitton asked if the handbars have been put in the showers and all. Mr. Gilbreath said no they are blocked out so they can be installed. DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 9 of 15 Mark Shnakely, owner of Brittany Court, said he welcomes Habitat for Humanity because what was there before was bad. It was a contractor's refuse yard. We appreciate any development in the Village. My concerns are all over the ballpark. Is there going to be a policing if there is an increase of population within a unit? A one-bedroom and two-bedroom unit will be a young couple or a single parent with a child or a combination there. What will happen when that young couple has a child and they are in a one-bedroom unit? Secondly, if it is limited by income, where is the incentive to increase your income if you are going to meet a cap of income to qualify? If you educate yourself and move forward and you get a degree and a higher paying job, you will have to bounce out of that project. I don't want to throw any cold water on this thing, but these are some of my concerns. I own an executive search firm so I always think about progressing and developing and moving forward for my employees as well as the people we work with. Concerning Roosevelt, it is a flood zone. That storm drain is compromised with an inch of rain. If we are going to be covering that lot, the runoff is going to compound it even more. It is really terrible there. Another point, why don't we bring the utilities underground on Roosevelt and continue it through Laguna? We already have shopping cart city right next door to the open lot so I hope there is some policing there. I did see the project in Escondido. It is a fairly nice project. I drove by it a couple of weekends ago. The concern there is if we could make sure during the construction it actually looks nice rather then the garbage thrown all over the project. There are connex boxes on the street, and on Roosevelt there isn't enough room for connex boxes. Also on Roosevelt, it is a racetrack from Beech up to Laguna. I would not want to have a little kid living on Roosevelt between Laguna and Beech as someone will get hurt on that particular stretch of street. I do agree with the director's point about having a condo owner as opposed to a renter. I am available and willing to serve on any committee to oversee who gets elected to live there or any ongoing HOA issues and I wouldn't mind sitting on that board to be available to talk to the homeowners about being good citizens and good neighbors. We have done a little bit of work to Brittany Court over the years to maintain it. We pay a nice property tax there and would like to make sure that Roosevelt is maintained and developed in the proper fashion. Especially when you see these 1.2, 1.4 million condominiums right around the corner. Mixing in a very low income group, we want good neighbors, but we want to make sure we don't run into future challenges. John D. Young lives on Buena Vista Circle, and he too has watched this vacant lot and thinks this project is going to set a real precedent in this area for the new development coming into the redevelopment area. I think with that, we have to be careful. I know these people will be building this place as that is part of the criteria to get in as they put in hours to build it. What does that mean? Are they banging nails or are they pouring concrete? What are they doing? We are talking about the Garden Estates here. Are there going to be specimen trees put in or are they going to be 5 gallon trees? It looks great in the renderings but artists make pictures look really nice and then when you see the finished product, you have a bunch of 5 gallon trees sitting there that take 20 years to grow up. I am concerned and shocked there is nobody here. It is concerning to me. Low income is not really the point here. We want a nice looking apartment or a condominium. Just don't under park it. Where is the guest parking? We want downtown Carlsbad to flourish and become a great downtown area that is viable to everybody, low income or high income, it doesn't really matter. We want it done with quality. That is my main concern. Mr. Gilbreath said the one point about the capability of the homeowners on the construction end; Habitat for Humanity builds homes with volunteer labor across the country and has been doing that for some time. Our homes in the construction meet the same building code standards as a for-profit developer. On all the cities we have worked with so far, none of the inspectors have cut us any slack in meeting the standards and I don't anticipate Carlsbad inspectors will either. There is some work that is not suitable for volunteers and we do this on a case-by-case basis. For instance, this project has a stucco finish. We do not do that with volunteers. That will be professionally done. The electrical will be subcontracted out. On a case-by-case basis on the roof; typically we can train volunteers to put on asphalt composition shingles. That is one of the reasons we asked to put in asphalt composition shingles as opposed to the concrete tiles; one because it is volunteer friendly, but more importantly, it is more economical and it holds up better. If you have to get up on the roof for any maintenance, it is much easier to work on and safer to work on as opposed to a concrete tile and the concrete tile breaks. Those are costs that will go into the homeowner's association fees. So with an asphalt shingle we just get a bigger bang for our buck. On this case, we may have a professional roofer because this roof does have a lot more cuts. It is a more complicated roof than a typical Habitat simple and DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 10 of 15 decent home. We are going to apply our judgment on those areas where we need professionals to do it. In any case, they will meet the building code standards of the City. Board Member Baker said the first speaker mentioned something about what is the incentive to make more money. Also, he was concerned about the number of people in the unit. You seem to be the most appropriate person to address those with your experience and your other projects around the country. Mr. Gilbreath said as far as the incentive, homeownership provides a family the opportunity to build equity and to put their money into their own home as opposed to rent money. Many of our homeowners continue to live in their homes and have had very few sales. In those cases where they have been able to take advantage of opportunities and move up, they can sell the home. It still needs to be within the restrictive period sold at an affordable level, but they can still share in a modest increase in the equity. That is their incentive. Having home ownership is pride in ownership, provides stability, and many times provides a better environment for the school aged children. As far as policing the size of the family, I'm not prepared to address that. I would suspect there could be some provisions written into the CC&R's that would limit the number of occupants in the size of the home. In a three-bedroom home, you could have a large family and it could exceed the requirements as well. I am not sure that we have ever stipulated how many people can live in a home. One of the criteria for selecting a family is whether or not there is a need. Many times what we look at is overcrowded conditions so we are moving families from an overcrowded rental to a home that is their size. This size will be a little bit of a challenge because of the small number of bedrooms. I suspect that could be addressed in the CC&R's, but I haven't thought through that yet. Board Member Whitton said in terms of the construction process, I understand you will have a contractor do your electrical, but how about your plumbing, heating and gas and those types of things? Mr. Gilbreath answered it varies from project to project. First of all, the volunteers are all led by our staff who have had many years of experience in this. Typically under slab plumbing we have done with volunteers as well as contract. Above slab on our top outs for our waste drain and vents we typically subcontract that out. The domestic water we are typically using pex pipe and that is volunteer friendly. Then we have certified staff members to install that. We typically do not install air conditioning in simple decent habitat homes, although we do subcontract them so the homeowner, if they can afford air conditioning, could at a later date hook that up. We have a relationship with a HVAC company that will prefab our duct work, and we actually install the duct that is inspected and then they do the start up. Board Member Whitton said in terms of the HOA and CC&R's, can you put a restriction in there, or is it necessary to put a restriction, for when they have visitors they would have to have permission from the homeowner's association and should they get permission they could only stay for "x" number of days or weeks? Mr. Gilbreath said he doesn't know the answer to that. From Habitat's perspective, I think we would support any reasonable approach to control the conditions. In the CC&R's we had for Hickory, we are talking about noise levels and activities outside. I think home ownership requires some responsibility on the families as well as some degree of freedom. I think some common approach crafting of standards of behavior in the CC&R's would be appropriate. Board Member Whitton said he is accustomed to people using homes and then inviting their aunts, uncles and whoever else into the home, and then they would have to get permission to do that. Frequently, they don't. If they do get permission, there is a time limit on which they can stay. If they don't get permission, it is hard to get them out of there. Mr. Gilbreath asked if those have been written in HOA documents or CC&R's. Board Member Whitton answered not necessarily HOA. I am just accustomed to them from another perspective, but I see no reason why they couldn't be put into a HOA set of regulations. Mr. Gilbreath said we would certainly consider that. DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 11 of 15 Chairperson Lawson said we might be able to get some additional discussion and assistance on that topic from the director in a moment. Board Member Hamilton asked if he has any success stories maybe from projects out of Escondido. I know I was recently informed there is one in Coronado. Do you have any lessons learned from that one you could impart to us? Mr. Gilbreath asked what type of lessons? Board Member Hamilton answered that since this isn't the first time Habitat for Humanity has done this type of project in a high value area, maybe you might have some things you have done to ease the residents' concerns over bringing a very low income project right in the heart of downtown. There are people who live across the street who may have paid a million dollars for a small piece of paradise. You are asking them to dilute the pool a little by bringing some very low income families. There are a lot of people who paid a lot of money and are still paying a lot of taxes, and then you have someone come into that community that isn't paying as much for that. Do you have a success story to ease the fears of the residents? Mr. Gilbreath said during the time I have been with Habitat for Humanity, there has always been that concern of bringing in a community of lower income. Our success story would be last summer in 2006 when we built a seven house subdivision in Escondido and there were concerns about low income there. We built the street and developed the entire area. I think in that case the neighbors welcomed their new neighbors because they saw them out there building their own homes, taking care of their yards and taking care of the community. I think you always run into a case where people will be concerned this is going to be a HUD project, a low income project. I think the Habitat model is a little different. We select the families and the families have a vested stake in this. It is ownership as well as putting in 500 hours of sweat equity, which is quite a bit of time when couples are holding down jobs too. This provides bonding and a sense of community. Ms. Fountain said as we deal with our affordable housing program and dealing with low income and very low income, we get concerns about how we integrate them into the community and what impact that has on it. The City of Carlsbad has over 1,700 units of affordable housing throughout the community. All of them have been integrated into other high income areas. We have affordable housing units in Bressi Ranch, in Aviara, and La Costa. There are projects throughout the city, and what we have typically found is the types of people we have living within these communities are people we all know. They could be beginning teachers in our schools; they can be beginning fire fighters, police officers, city employees, retired police officers, and quite a variety of people living within the community. What we found in the Village specifically when Village-by-the- Sea was built, for example, they have 65 condominiums with 11 affordable units, and they actually integrated very well. They had units selling between $800,000 and over a million dollars. We have not seen a case yet where we have had property values decreasing in any way. It doesn't mean that low income or very low income households don't have issues that need to be dealt with, but we haven't seen the type of concern that I think some people might have about what they might bring to a neighborhood and the feeling they had to pay a million dollars and the other people had to pay less than $100,000 per unit. They seem to work well within the community, and because of that pride of ownership, especially on the for-sale, most of those projects have been very successful in integrating into the community. In terms of policing them, it is always a difficult question as to what you do when you sell a unit because just like any of us who own our homes, we enjoy having guests coming to our homes, and it does become a concern if it becomes an overcrowded situation. That usually comes from a code enforcement standpoint if you are having public safety or health issues as a result of that overcrowding. The incentive for these home owners, however, to grow is there because we just initially qualify them as they do have to income qualify. If they for some reason win the lottery two days after they close escrow on that unit, we are not going to take that unit away from them. They can continue to live there if they would like to live in that home. If they want to go on and get a degree and that increases their opportunities, we actually welcome that because we would like to see those households living in our affordable units moving up and using this as their stepping stone to make that next advance if they are able to do that. DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 12 of 15 As Habitat mentioned, a lot of times their residents, once they buy a home, they stay in the home and don't sell it because they have that pride in participating in building that unit. The policing of what happens when somebody actually moves into a unit and they are a single mother or father and they have one child and then they get married and/or add a child to that; I'm not sure we would really want to have a policy that says they lose their home because of that. We have to be very careful as to how we would craft any condition that says if you add to your household, you lose your home. I don't think that is the message we would want to send to people. Obviously if they are in a 694 square foot home and they start getting a large number of household members, that might become an issue for another reason. Trying to put those conditions and enforce them often can be very cumbersome. We want to be very careful and we also want to be respectful of the fair housing law and what constitutes a family and what constitutes what can make up a family. They don't necessarily have to be related to be considered a family. We just need to be careful of those. We understand your concerns and we will work with Habitat the best we can to address any of those issues. In other condominiums we have had conditions that is written into the regulatory agreement that says they must maintain their unit in good order or we have the right to declare them in default on their conditions and they could lose their home that way. I think there are incentives in there for the property to be maintained well at the risk of potentially losing their unit as a result. We also need to be careful how we craft those conditions for enforcement purposes. Mr. Jones said the trees that are being proposed, at least the larger trees, are at a 36 inch box size. Those are a substantial size at 36 inches and will grow to be a lot larger over time. That is typical with what we see with new developments. Our landscape consultant did review the landscape plan and determined the proposed landscaping, trees, shrubs, etc., did meet the requirements of our landscape manual. With regards to the parking, it will be managed by the association. We are not dictating how many guest parking spaces or the number of spaces per unit. They have those requirements, and they are requesting a modification from those. Mr. Gilbreath may have a specific answer as to how they intend to manage those specific units and how many spaces are per unit. However, as we mentioned, they are in a deficit of three parking spaces. The association over time can change their rules regarding how they manage that parking situation. It may be that those affordable persons may not have more than one car and don't need two parking spaces per unit. Time will dictate that. As with regards to the question about cleaning the project site during the construction, that will be managed by our engineering and building department people as the project is being constructed. Of course if there are building materials being left on site, they are going to be notified about it. Code enforcement may have to come in if there are any of those types of issues. With regards to the question on runoff and utilities, perhaps Mr. Rick can respond to those questions. Mr. David Rick from Engineering said with regard to the under grounding of the utilities, the municipal code does not require that projects underground overhead utilities where the utilities are less than 600 linear feet along their project frontage. In this particular case, it is less than 600 feet. They will remain as you see them today. In regard to the drainage on Roosevelt Street, I am not aware of the issue of the flooding or backing up of water. That is not to say there is not issue; I am just not aware of it. It is something we can look into. I would like to mention this project has a minimal increase of runoff on to Roosevelt Street so in relation to the overall basin on Roosevelt Street we are probably not going to have the nexus to require this project to upgrade any inlets or facilities. It would more likely be a City project to do any type of upgrades. I am not aware of any projects right now. That would have to be something I would have to look into. Chairperson Lawson said regarding the mention of the under grounding of the utilities, is a project like this required to do a neighborhood improvement agreement? Mr. Rick answered no it is not designated as an alternative design street. It actually has its surface improvements in. Typically a development like this would have to enter into an agreement that is similar to a neighborhood agreement, specifically for the underground of utilities if the utilities district was ever formed on that block. We can have the property do that, but I'm not sure it is necessary given we have the connections DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 13 of 15 with the City ownership in this. It may be redundant to have to do that. That is typically how it would be done on a project. Board Member Baker asked Mr. Rick on the under grounding of utilities, they would be under grounded from the lines to the project though, would they not? Mr. Rick said it would be under grounding the project frontage, which in this particular case it would have to extend out to where each other connecting pole would be to get it underground. The rule under the code for when they have to underground it is the length of the line on their property or fronting their property. Board Member Baker commented then there still would be an overhead line from the existing utility poles to the project? I'm not sure I understand what you just told me. Mr. Rick answered all the utilities that are overhead now will stay overhead with this project. So they are not going to be under grounding the utilities. Board Member Baker continued that from the existing pole to the project itself, are they underground or are they connected overhead? Mr. Rick said that will be underground. Board Member Hamilton said there are two curb cuts on Roosevelt at that lot right now. Does that plan use the existing curb cut to the north side and would they fill in the other curb cut? How would that be incorporated into the overall design? Mr. Rick said they are actually going to be removing that curb cut and putting in a new curb cut because it doesn't align with their project. They will replace that curb cut with a curb gutter and sidewalk. Board Member Schumacher asked Mr. Jones if there are any other design elements of this building that would not be allowed since it started out as an apartment and now it is a condominium. So whether it is the asphalt shingles or anything else, are there any other design standards that were in this, originally approved as an apartment, that don't meet what we would normally approve if this was a fresh project coming in brand new today as a condominium? Mr. Jones answered with regard to the exterior of the building design, the elevations you see up there today besides the roof, none of the other design elements are changing going from apartments to condominiums. Board Member Schumacher asked if this was a new project today coming in and it was a condominium project, would an asphalt roof be allowed? Mr. Jones said we typically encourage the concrete tile roofing. However, due to this being an affordable project and the fact that as Mr. Gilbreath mentioned that unskilled labor will be trained on site and can actually put the roof in and reduce overall costs. Staff felt as though that was a reasonable accommodation. Ms. Fountain wanted to add that the design standards are just guidelines. They are not actual standards you have to get a variance from. Typically, we look at each project on a case-by-case basis as to the design, the look of it, and that type of thing. In terms of what we would typically see, I don't think this project is that far off from what we typically see. They might be using some different materials that might be a little bit less expensive than on some of the million dollar type of condominiums. I don't think they are that far off from what we would typically be asking other projects to do. Board Member Schumacher said that answers his question. He had a concern because of in terms of talking about starting a precedence. I just wouldn't want to start a precedence on having a different design. I know, Ms. Fountain, you talked about other low-income projects around Carlsbad like La Costa and Aviara and those are nice projects. Especially I think the newest one is in the La Costa area. In my view, it does not appear to be a low-income housing project because the design standards and the materials are consistent DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 14 of 15 with every other project around. I would just hate to start going down that road. I wouldn't want to see the city change that standard and have design standards that would highlight the fact that it is a low-income project. Ms. Fountain said staff agrees that it is always our desire to create a nice looking project. I think even as Mr. Gilbreath had said, normally what Habitat would do is they would come in and build basic, decent housing and we made them take this up a notch. That makes the project much more expensive for them to build. In terms of the roofing materials they selected, I don't think they are inappropriate for the Village. I think when you look at the long-term maintenance issue related to those very low-income households, this type of roofing material has a much better life span on it and less maintenance costs. I don't think we are getting anything that causes us a problem for the Village design. Chairperson Lawson commented there was a statement brought up regarding the speed of traffic on Roosevelt. Did you address that? Mr. Rick said if there is any speeding, you would have to refer that the police department for enforcement. If they are looking to come up with some ideas or discuss ideas about traffic calming on Roosevelt Street, they could contact Bob Johnson, the transportation engineer at the City of Carlsbad, which I would be happy to give them the information for that. Board Member Baker moves the Design Review Board adopt Design Review Board Resolution 317 recommending approval of RP 04-04A and adopt Design Review Board Resolution 318 recommending approval of CT 06-18 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. Board Member Whitton seconded the motion. Board Member Baker said she is impressed with this project in the sense that a partnership with Habitat for Humanity in the City of Carlsbad seems like a good way to get some very low income housing built for people who need housing. I know it is always alarming for citizens to hear about very low income housing, but at 50% of the county median income you are looking at people making around $30,000 a year and that would be people who have jobs and are working. The fact that they are for sale is very attractive. I firmly believe that Carlsbad is a better community when all income groups and all kinds of people can live here so that our police and fire and teachers and my children some day might be in a position to purchase one of these units. This community is getting very expensive. Part of the reason we have traffic problems is because people are driving really far for a job. The more we can do to get more people living in this community, I think we are stronger in the long run for it. As far as the parking reduction standard, at the Planning Commission we had a project not too long ago that asked for a parking reduction and the Housing and Redevelopment office did a study and determined that very few of the required spaces that we asked to be built are even used. I am confident that the reduced standard for the parking will not be a problem. I wholeheartedly support this project. Board Member Schumacher said he agrees with Ms. Baker. Board Member Hamilton commented that the two gentlemen did care enough about the project to come here and talk. I actually tried to go down there and talk to some of the people and found that the low income housing incorporated across the street at Laguna Point was relatively successful. Only time will tell. I think there should be some kind of education effort such as mailers to go out to that neighborhood to mitigate some of that apprehensiveness the people down there feel. Very low income housing has a stamp on it and there is a perception that only education can override. Board Member Whitton said he is fine with the project. I concur it is a nice looking project and I do believe it is needed and I concur with everything Ms. Baker said. Chairperson Lawson said he would like to commend staff. I went back and was trying to revisit our thought process some months back when we looked at this as an apartment project. It had great support at that time. I think we embraced it with open arms. We are sitting here tonight and not much has really been changed DESIGN REVIEW BOARD MINUTES FEBRUARY 26, 2007 PAGE 15 of 15 about the architecture, the massing. At the time, we felt it fit into the community and into that neighborhood very well. When you add in the sense of ownership you have through this kind of a process, I think it does tend to benefit the overall project. I am feeling much better with it as affordable for very low income, especially with the low bedroom counts. I think that a certain amount of the mystic that we all have in perception of what is affordable housing is often founded in the wrong way or thought of because of a sense that there may be three families in a unit or six or seven kids running around. I don't see that is going to be the case here. I think you also have the potential with the one-bedroom units for people that will be there for a while and for people who are looking to self-manage their own group. I would imagine that those individuals who are in those one-bedroom units are probably looking for their peace of mind and quiet and all of that. I am not concerned about that from that standpoint. I think it helps to make this a worthwhile project. With that and the overall sense of addressing many of the questions, I would be supportive of this project. VOTE: 5-0 AYES: Baker, Hamilton, Lawson, Schumacher, and Whitton NOES: None ABSTAIN: None ABSENT: None DIRECTOR'S REPORT Ms. Fountain wanted to remind all Design Review Board members there will be a joint public hearing with the Planning Commission on March 7th. That is a special meeting time for the Design Review Board. It is on a project called Springhill Suites on Carlsbad Boulevard where the Surf Motel currently is located. A new project has been proposed for that site. Part of the property is inside the Redevelopment Area and part of it is outside the Redevelopment Area, which is why we need a joint public hearing of the two bodies. It will be at 6:00 p.m. in the Council Chambers. We do have several more projects lining up so we will probably go through a cycle where we will have more meetings than we have had in the past. We will have a meeting on March 26, 2007. Also, not at our joint meeting, but at our next regular meeting on March 26th, we will have an election of the Chairperson and Vice-Chairperson. ADJOURNMENT By proper motion, the Special Meeting of February 26, 2007, was adjourned at 7:35 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk Housing & Redevelopment Dept. Carlsbad, CA 92008 Re: Case File No. RP 04-04A7 Cf ti-fi^ ^ V E D Case Name Roosevelt Garden Condominiums FES 2U A I? 03 •. --. . - •Yes, we do object to the above men|ioiie:4:ip^pjej^r;pq^Ml@wn Carlsbad is a haven for low-income housing and the feuildingswfeflect that with the exception of the new construction that has been going on Laguna Drive. We really don't need any more of this type of housing. This city was founded on low-income and years ago looked like a disaster area and now you are about to embark on another one. We know you have relied on much government funding (bricks on Roosevelt are evidence of a grant) and the willingness to abide by all of the whims of the state and federal governments. The criterion here is parking and probably the only issue that will be con- sidered in this missive. Low-incomers are found of old used cars and just where are the one-bedroom units with one-car per space going to park?? And what about the persons who paid from $750,000-1,000,000 that live just around the corner?. But that is not really a concern of the Redevelop- ment Dept. or should we say Unredevelopment as it should be called. B Huston Carlsbad Trailer Plaza 2631 Roosevelt St. Carlsbad, CA 92008 Dated February 23, '07 cc: City Clerk of Carlsbad 2-26-2007 Housing and Redevelopment Department 2965 Roosevelt Street, Ste. B Carlsbad, CA 92008 RE: Case File No: RP 04-04A/CT06-18 Case Name: Roosevelt Garden Condominiums To Whom it May Concern: This letter is in response to the public hearing for Roosevelt Garden Condominiums to be held on February 26, 2007, 6:00 p. m. As residents and business owner in the city of Carlsbad, I am deeply concerned with the variances being reviewed for the above mentioned project. 1. In reference to your item number one request pertaining to the Residential High (RH) General Plan designation to set density for the site at 15-23 dwelling units per acre, we request that the city abide by the current approved permitted density of 11 units. Whether construction will be apartments or condominiums dwellings is not an issue. 2. In reference to your item number three, we request that (minimum) two designated parking spaces plus one guest space be allotted per unit. The existing parking situation at this time on Roosevelt, Laguna, and most of the Village, is congested and under-parked. In addition, the new residents of the Garden project will benefit from the onsite parking. 3. In reference to your item number four, we request the city abide by the recreational space and tenants storage space as requirements as part of the plan development ordinance. One again, this would benefit the new residents of the Garden project. 4. In reference to your item number five, we request the city abide by all standing setbacks with no reduction whatsoever. In understanding your number five proposal; we find it difficult to visualize any type of "Garden" being implemented. In conclusion, as residents in the city of Carlsbad for over 17 years, we are concerned with the direction, density, and increased lack of parking. We feel this project will set a precedent for new projects to come. We believe if said project is granted these requests, that it will impact the surrounding residential neighborhoods negatively. We are proud residents of Carlsbad and understand the dynamic impact that an attractive and viable downtown atmosphere will benefit all residents and visitors alike. Please do not impact the quality of life of the current and future residents of Carlsbad with the shortsighted vision of this proposal. We thank you for the opportunity to express our concern regarding this matter. Respectfully, / n and Andra Kairath PROOF OF PUBLICATION (2010& 2011 C.C.P.)This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 07th, 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 09th, Day of April, 2007 Proof of Publicafion of Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising CITY OF CARLSBADNOTICE OF PUBLIC HEARINGI ROOSEVELT GARDEN CONDOMINIUMS NOTICE IS HEREBY GIVEN that the Hous-ing & Redevelopment Commission of the City ofCarlsbad will hold a special Public Hearing in theCity Council Chambers, 1200 Carlsbad Village Drive,Carlsbad, California, at 6:00 PM on Tuesday, April17, 2007, to consider approval of a request to amendMajor Redevelopment Permit (RP04-04) to allow apreviously approved two-story, 11 unit affordableapartment project be constructed as a condominiumproject on property located at 2578 Roosevelt Street.The property is located within Land Use District 8 ofthe Carlsbad Village Redevelopment Area and morethoroughly described as Assessor Parcel Number203-102-33. The proposed project also includes the followingrequests: 1. The establishment of the Residential High (RH)General Plan designation to set the density for thesite at 15-23 dwelling units per acre, with a growthmanagement contror point of 19 dwelling units peracre;2. A density increase of .5 dwelling unit in exchangefor providing all 11 units affordable to very low in-come households at 50% or less of the area medianincome; and3. A parking reduction to allow the project to beparked at the apartment parking standard rather thancondominium parking standard; and4. Modifications to the on-site recreational space andtenants storage space requirements required as partof the Planned Development Ordinance; and5. Modifications to three of the building setback stan-dards as follows:a. Increase the front yard setback from the required 5to 15 feet to 15 to 19 feet to allow for greater projectarticulation;b. Decrease the side yard setbacks to less than therequired 10 feet, 8 inches. The south sidevard set-backs range from 5 feet to 9 feet 10 inches. The northside yard setbacks is 9 feet 10 inches; andc. Set the rear yard setback at 7 feet 1 inch, which isat the lower end of the required setback of 5 to 15feet. Those persons wishing to speak on this proposal 3recordially invited to attend the public hearing. If youhave any questions or would like a copy ofthe staffreport, please contact Debbie Fountain in the Hous-ing and Redevelopment Department at (760) 434-2815. You may also provide your comments in writ-ing to the Housing and Redevelopment Departmentat 2965 Roosevelt Street, Suite B, Carlsbad, CA92008. As a result of the environmental review under theCalifornia Environmental Quality Act (CEQA) and theEnvironmental Protection Ordinance of the City ofarlsbad, the Planning Department has determinedthat the subject project is exempt from environmental review pursuant to Section 15332 of the State CEQAGuidelines as an in-fill development project on a siteof less than five acres in an urbanized area that hasno habitat value and is served by adequate facilities. 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 04-04A / CT 06-18CASE NAME: ROOSEVELT GARDENCONDOMINIUMS - 1 NCT 2043851 • 04/07/2007 CITY OF CARLSBAD NOTICE OF PUBLIC HEARING ROOSEVELT GARDEN CONDOMINIUMS 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, April , 2007, to consider approval of a request to amend Major Redevelopment Permit (RP04-04) to allow a previously approved two-story, 11 unit affordable apartment project be constructed as a condominium project on property located at 2578 Roosevelt Street. The property is located within Land Use District 8 of the Carlsbad Village Redevelopment Area and more thoroughly described as Assessor Parcel Number 203-102-33. The proposed project also includes the following requests: 1. The establishment of the Residential High (RH) General Plan designation to set the density for the site at 15-23 dwelling units per acre, with a growth management control point of 19 dwelling units per acre; 2. A density increase of .5 dwelling unit in exchange for providing all 11 units affordable to very low income households at 50% or less of the area median income; and 3. A parking reduction to allow the project to be parked at the apartment parking standard rather than condominium parking standard; and 4. Modifications to the on-site recreational space and tenants storage space requirements required as part of the Planned Development Ordinance; and 5. Modifications to three of the building setback standards as follows: a. Increase the front yard setback from the required 5 to 15 feet to 15 to 19 feet to allow for greater project articulation; b. Decrease the side yard setbacks to less than the required 10 feet, 8 inches. The south side yard setbacks range from 5 feet to 9 feet 10 inches. The north side yard setbacks is 9 feet 10 inches; and c. Set the rear yard setback at 7 feet 1 inch, which is at the lower end of the required setback of 5 to 15 feet. 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 Planning Department has determined that the subject project is 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. 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 04-04A / CT 06-18 CASE NAME: ROOSEVELT GARDEN CONDOMINIUMS SITE ROOSEVELT GARDEN CONDOMINIUMS RP04-04A/CT06-18 Jam and Smudge Free Printing Use Avery* TEMPLATE 5960™ www.avery.coin 1-800-GO-AVERY AVBRY®5960« Frank G Aguina 2646 State St Carlsbad, CA 92008-1626 Richard & Janet Jones 2608 State St Carlsbad, CA 92008-1626 Robert A Stine 2564 State St Carlsbad, CA 92008-1662 Glenn D & Marcia Castens 2381 Jefferson St A Carlsbad, CA 92008-1484 Jefferson Professional Building 2755 Jefferson St 200 Carlsbad, CA 92008-1714 Cantabrana 2005 3570 Donna Dr Carlsbad, CA 92008-2761 De Villas 229 Chinquapin Ave Carlsbad, CA 92008-7410 Villas De La Playa 229 Chinquapin Ave Carlsbad, CA 92008-7410 Michael A & Kimberly Chamberlain 2653 Roosevelt St Carlsbad, CA 92008-1667 Huston 2631 Roosevelt St Carlsbad, CA 92008-1653 Betty Lewis 2569 Roosevelt St Carlsbad, CA 92008-1612 Robert Duff 2690 Roosevelt St Carlsbad, CA 92008-1613 Gary L & Jessica Jackson 2718 Roosevelt St F Carlsbad, CA 92008-1685 Trejo 2687 Madison St Carlsbad, .CA 92008-1722 Joe P & Frances Apodaca 2647 Madison St Carlsbad, CA 92008-1722 Jose St Mary Moreno 2605 Madison St . Carlsbad, CA 92008-1722 Lisa A Bentson 2644 Madison St Carlsbad, CA 92008-1721 Benchmark Pacific Ltd li 550 Laguna Dr B Carlsbad, CA 92008-1698 Tr Trayner 672 Laguna Dr Carlsbad, CA 92008-1609 John C Schumacher 668 Laguna Dr Carlsbad, CA 92008-1609 Richard G & Jane Sanders 672 Laguna Dr Carlsbad, CA 92008-1609 Denise K Demott 684 Laguna Dr Carlsbad, CA 92008-1609 Kenneth A Keranen 690 Laguna Dr Carlsbad, CA 92008-1609 John Deyoung 2411 Buena Vista Cir Carlsbad, CA 92008-1601 Laguna Drive Ltd Liability Co 590 Laguna Dr Carlsbad, CA 92008-1607 David C & Laura Kurner 2461 Buena Vista Cir Carlsbad, CA 92008-1601 Richard A & Jo Penman 2431 Buena Vista Cir Carlsbad, CA 92008-1601 Linda K Geitner 2401 Buena Vista Cir Carlsbad, CA 92008-1606 William C & Charlene Stalder 2407 Buena Vista Cir Carlsbad, CA 92008-1606 AJHAVOEMXB-l apldei eftetpes e »e a&uinoqnjie uoissaiduii Jam and Smudge Free Printing Use Avery* TEMPLATE 5960™ www.aveiy.com 1-800-GO-AVERY AVERY® 59601* Carlsbad Laguna L L C 414 N Orleans St 710 Chicago, IL 60610-4421 U D R Carlsbad Apartments L P 1745 Shea Center Dr 200 Highlands Ran, CO 80129-1540 Charles & Lorraine Wullenjohn 1462 S 33Rd Dr Yuraa, AZ 85364-9139 Kornberg 10880 Wilshire Blvd 1840 Los Angeles, CA 90024 James R Davis 13215 Penn St 610 Whittier, CA 90602-1725 Stephen Dawes PO Box 1375 Avalon, CA 90704-1375 Gail & Alice Anderson 217 Oaklawn Ave S Pasadena, CA 91030-1828 Bonsai1 31499 Lake Vista Cir Bonsall, CA 92003-5308 Victor & Angela Balaker 3811 Alder Ave Carlsbad, CA 92008-2704 Johnson 4513 Cove Dr 12 Carlsbad, CA 92008-4213 Edmund & Edith Smith 3271 Westwood Dr Carlsbad, CA 92008-1146 Sondra Curtin 3499 Seacrest Dr Carlsbad, CA 92008-2039 M J F N Holding L L C 2501 State St Carlsbad, CA 92008-1624 Ellen Speert 2633 State St Carlsbad, CA 92008-1627 Paul J Weber 580 Beech Ave Carlsbad, CA 92008-1657 AHflPOEMMB-L amdej afietnas e la affeumvmue uniccaidiiii Jam and Smudge Free Printing Use A nd Sm very*TEMPLATE 5960™1-800-GO-AVERY StOll 2409 Buena Vista Cir Carlsbad, CA 92008-1606 John E & Andra Kairath 2450 Buena Vista Cir Carlsbad, CA 92008-1605 Randy Wilkerson 2430 Buena Vista Cir Carlsbad, CA 92008-1605 Scott L & Judith Oliver 2400 Buena Vista Cir Carlsbad, CA 92008-1605 Amanda Provins 674 Laguna Dr Carlsbad, CA 92008-1609 Diana K Burke 676 Laguna Dr Carlsbad, CA 92008-1609 Kerry Rosaall 2361 Buena Vista Cir Carlsbad, CA 92008-1610 Francesco Dorigo 1609 Sapphire Dr Carlsbad, CA 92009-1233 Ryanne Apartments L L C 1540 Sapphire Dr Carlsbad, CA 92011-1230 Henry Trejo PO Box 281 Carlsbad, CA 92018-0281 H S Ergin PO Box 218 Carlsbad, CA 92018-0218 Richard Hill PO Box 1935 Carlsbad, CA 92018-1935 Rogelio S & Keely Alba PO Box 2711 Carlsbad, CA 92018-2711 Seth Hoenig PO Box 232401 Encinitas, CA 92023-2401 Wave Crest Resorts li L L C 829 2Nd St A Encinitas, CA 92024-4470 Keith & Sara Harrison 364 2Nd St 6 Encinitas, CA 92024-3557 Sidney E & Rose Dvorak 505 Hygeia Ave Encinitas, CA 92024-2602 Nemeth 1132 Saxony Rd Encinitas, CA 92024-2225 Lieberman 535 Encinitas Blvd 109 Encinitas, CA 92024-3742 Blackburn 2000 202 Rainbow Ln Oceanside, CA 92054-3537 Casa Laguna li Lie 2171 S El Catnino Real 202 Oceanside, CA 92054-6249 Ballerini 3529 Cannon Rd 2B Oceanside, CA 92056-4985 ERE Properties L L C 1054 La Sombra Dr San Marcos, CA 92078-1322 Karen J Barlow 226 E Broadway Vista, CA 92084-6018 A & D Cassara 2244 S Santa Fe Ave B2 Vista, CA 92084-7846 AH3AV-OEMW8-1 antrfm aftotnae Dia aflDimnnmiB i iHiiti Jam and Smudge Free Printing Use Aveiy* TEMPLATE 5960™ www.aveiycom 1-800-GO-AVERY Pinamonti Carl R 2244 S Santa Fe Ave B2 Vista, CA 92084-7846 S D C Properties L L C 2155 Ramona Ln Vista, CA 92084-7715 Hyspan Precision Products Inc Em PO Box 636 Vista, CA 92085-0636 Otis P Heald PO Box 1707 Fallbrook, CA 92088-1707 Dakmin Inc PO Box 2286 Fallbrook, CA 92088-2286 Vincent & Nina Sgueglia 12588 Carrael Creek Rd 18 San Diego, CA 92130-2317 Warren & Jamie Conner 1535 Manzana Way San Diego, CA 92139-1982 Ana M Cabo 1485 Lycoming St 302 San Diego, CA 92154-5724 Ging Investments PO Box 40501 San Diego, CA 92164-0501 Swan3on 24 Bluff Vw Irvine, CA 92603-3602 Rajendra G & Pratima Desai 2266 Channel Rd Newport Beach, CA 92661-1513 Cbss Lie 104 S Division St Spokane, WA 99202 *** 104 Printed *** AH3AV-OEHX»-l ^0965 UJeqefi a| zasipn apidei eftetpes ? je eBeumoqnue uoissaidiui Roosevelt Garden CondominiumsHousing & Redevelopment CommissionApril 17, 2007 SITELocation Map2578 Roosevelt St Subject Property Property to the South Property to the North Properties to the East Properties to the West Proposed DevelopmentTwo-story Affordable Condominium Project24,548 sq. ft. site11 Condominiumsz(8) 1-bdrm units 674 sq. ft. z(3) 2-bdrm units 900 sq. ft. zPrivate balconies/patiosFrontage and access of Roosevelt Street. Village Land Use PlanMulti-Family Residential = Permitted useProposed Project Meets Goals of District 8:Provides additional affordable housing opportunities in VillageDevelopment of a vacant lotServe as catalyst for future developmentIncreases number, quality, and diversity of housing types. Development StandardsOpen Space Required: 20%Proposed: 37%Building CoverageRequired: 60%-80%Proposed: 22.5%HeightMaximum: 35’ w/ min 5:12 roof pitchProposed: 26’ w/ 5:12 roof pitch Standard ModificationsRequest to provide same number of units (11 total) as the previously approved apartment project.Municipal Code allows for standard modifications for affordable projects. Necessary findings are within the staff report. Setback Modifications19’5’9’-10”7’Required: Front: 5’-15’Sides: 10’-8” (10% of lot) Rear: 5’-10’Proposed: *Front: 15’ to 19’N. Side: 9’-10”S. Side: 5’ to 9’-10”Rear: 7’* These setbacks were previously approved as part of RP 04-04. Parking & PD ModificationsCondominiumParkingRequired: 27 spacesz(8) 1bdr x 2 spaces = 16 z(3) 2bdr x 2 spaces = 6z10 units x .5 guest = 5z1 unit x .25 guest= .25Proposed: 24 PD RequirementsRecreational: zRequired: 2,200 sq. ft.zProposed: 500 sq. ft.Tenant Storage SpacezRequired: 392 cubic feetzProposed: 80 to 103 cubic feetApartmentParking23 spacesz(8) 1bdr x 1.5 spaces = 12 z(3) 2bdr x 2 spaces = 6z10 units x .5 guest = 5z1 unit x .25 guest = .25PD Requirements Not Applicable Project DesignDesign Features:Varied roof lines Decorative wood doors and shuttersMulti-paned windows w/ decorative trimVarious building recessesOpen rail balconies/patios Asphalt style tile roofing w/ 5:12 roof pitchAttractive Landscaping Building 1 ElevationsFRONT ELEVATIONREAR ELEVATIONNORTH ELEVATIONSOUTH ELEVATION Building 2 ElevationsNORTH ELEVATIONSOUTH ELEVATIONREAR ELEVATIONFRONT ELEVATION CEQA & Project BenefitsExempt from CEQAPositive Financial Impact on City and AgencyIncrease in tax increment.Catalyst for further redevelopment of the area.Meets requirement of Redevelopment Law to provide housing affordable to very low income households. DRB RecommendationUnanimous recommendation for approval of project with findings for proposed standard modifications.Approval of Housing and Redevelopment Commission No. 436, approving RP 04-04A and CT 06-18 to allow an 11 unit condominium project affordable to very low income households.