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HomeMy WebLinkAbout2007-07-10; Housing & Redevelopment Commission; 403; Roosevelt CenterCAfl/ HOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL 1 AB# 403 MTG. 06/19W7 DEPT. H/RED ROOSEVELT CENTER DD fie t\iir*r\D ntt noKr UO-Uo/UUr UO-U9 DEPT. HEAD /&>fe^ CITYATTY. (^, CITY MGR. -^fc> RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 441. APPROVING a Major Redevelopment Permit (RP 06-03) and Coastal Development Permit (CDP 06-09) for the construction of a mixed-use development project consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two (2) apartment units on the property located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1 as recommended by the Design Review Board, and, Adopt Resolution No.442 approving a Parking in Parking In-Lieu Fee participation Agreement ITEM EXPLANATION: a On March 29, 2007, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit and coastal development permit for a three-story mixed-use project consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two (2) apartment units on the property located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area. The subject property totals 10,750 square feet and contains a one-story commercial building, which is proposed to be demolished in order to accommodate the proposed project. The subject property abuts a one-story commercial building to the east, to the west across the alley exists a one-story commercial center called "The Village Corner", across Carlsbad Village Drive to the south exists one-story and two-story commercial buildings, and to the north is a one-story office building. Surrounding uses are predominantly commercial or retail uses. The three- story building consists of retail and restaurant space on the first floor, office space on the second floor, and two apartment units on the third floor. The two (2) apartment units are 1,838 square feet and 2,053 square feet. The building has a pleasant architectural design with attractive retail space and restaurant space on the ground floor incorporating attractive decorative building materials such as stone veneer, decorative lighting fixtures, landscape planters, and water fountains to enhance the street scene along Carlsbad Village Drive and Roosevelt Street. The office space and residential units located above the retail and restaurant space continue the pleasing architectural design to the upper levels of the building incorporating ornamental half-timbering, steeply pitched roofs, and stone chimneys. Resident parking for the project is screened from public view through the use of two-car garages accessed from the alley. The required guest parking is an accessible covered space that is in between the two garages located at the rear of the lot. Vehicular access to the site is provided off of an alley from Carlsbad Village Drive. The applicant is requesting to participate in the parking in- lieu-fee program for the required retail, restaurant, and office space parking. DEPARTMENT CONTACT: Austin Silva asilv@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 At the public hearing, the Design Review Board members voted unanimously (4-0) to recommend approval of the project as proposed with findings to grant the following: 1. Establishment of the High Residential (RMH) density designation for the subject property with a corresponding density of 8-15 dwelling units per acre and a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre; 2. Participation in the Parking In-Lieu Fee Program for a maximum of six (63) parking spaces. The approving resolution along with the Design Review Board staff report and the draft minutes of the March 29th meeting are attached for the Commission's review. In addition, the necessary resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property owners to participate in the Parking In-Lieu Fee Program, are attached for the Commission's review and approval. FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax. The current assessed value of the project site is $2.16 million. With the new construction, it is estimated that the assessed value will increase to approximately $5.8 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $36,400 per year. Additionally, it is anticipated that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. The current Village Parking In-Lieu Fee is $11,240 per required parking space to be provided off-site. With a requirement to pay for six (63) parking spaces, the total revenue to the Carlsbad Redevelopment Agency Parking Fund will be $708,120. 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. EXHIBITS: 1. Housing & Redevelopment Commission Resolution No. 441 . APPROVING RP 06-03, CDP 06- 09. 2. Housing and Redevelopment Commission Resolution No. 442 . APPROVING a Parking In-Lieu Fee Participation Agreement between the Commission and Richard and Richard Construction. 3. Design Review Board Resolution No. 322 and No. 323 dated March 29, 2007. 4. Design Review Board Staff Report dated March 29, 2007, w/attachments. 5. Draft Design Review Board Minutes, dated March 29, 2007. • 6. Parking In-Lieu Fee Participation Agreement between the Commission and Thomas J. Hurley & Richard A. Woolsley. i • 2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 441 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 06-03, AND COASTAL DEVELOPMENT PERMIT NO. CDP 06-09 FOR THE 5 CONSTRUCTION OF 2,410 SQUARE FEET OF COMERCIAL/RETAIL SPACE, 1,670 SQUARE FEET OF RESTAURANT SPACE, 6,502 6 SQUARE FEET OF OFFICE SPACE AND TWO (2) APARTMENT UNITS ON THE PROPERTY LOCATED AT 560 AND 562 CARLSBAD 7 VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 8 MANAGEMENT ZONE 1. APPLICANT: RICHARD AND RICHARD CONSTRUCTION 9 CASE NO: RP 06-037 CDP 06-09 10 WHEREAS, on March 29, 2007, the City of Carlsbad Design Review Board held a duly 12 noticed public hearing to consider a Major Redevelopment Permit (RP 06-03) and Coastal ,- Development Permit (CDP 06-09) for the construction of a mixed-use development project consisting j4 of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office 15 space, and two (2) apartment units on the property located at 560 and 562 Carlsbad Village Drive, and ]5 adopted Design Review Board Resolutions No. 322 and 323 recommending to the Housing and \ 17 Redevelopment Commission that Major Redevelopment Permit (RP 06-03) and Coastal Development 1 g Permit (CDP 06-09) be approved; and 19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date 20 of this resolution held a duly noticed public hearing to consider the recommendation and heard all 21 persons interested in or opposed to Major Redevelopment Permit (RP 06-03) and Coastal Development 22 Permit (CDP 06-09); and 23 WHEREAS, the recommended Design Review Board approval includes findings establishing 24 the Medium-High Residential (RMH) density range of 8-15 dwelling units per acre for the subject 25 property; and 26 WHEREAS, the recommended Design Review Board approval includes findings granting 27 participation in the Parking In-Lieu Fee Program for a maximum of sixty-three (63) parking spaces; 28 and HRC RESO NO. PAGE 1 - 1 2 WHEREAS, as a result of an environmental review of the subject project conducted pursuant 3 to the Guidelines for Implementation of the California Environmental Quality Act and the 4 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically 5 exempt from the requirement for preparation of environmental documents pursuant to Section 15332 6 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an 7 urbanized area that has no habitat value and is served by adequate facilities. 8 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. 11 2. That Major Redevelopment Permit (RP 06-03) and Coastal Development Permit (CDP 06- 12 09), are APPROVED and that the findings and conditions of the Design Review Board contained in 13 Resolutions No. 322 and No. 323, on file in the City Clerk's Office and incorporated herein by 14 reference, are the findings and conditions of the Housing and Redevelopment Commission. 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 16 analyzed and considered the environmental determination for this project and any comments thereon. 17 The Housing and Redevelopment Commission finds that: 18 (a) The project is consistent with the applicable general plan designation and all 19 applicable general plan policies as well as with applicable zoning designation and regulations; 20 (b) The proposed development occurs within city limits on a project site of no more 21 than five acres and substantially surrounded by urban uses; 22 (c) The project site has no value as habitat for endangered, rare or threatened species; 23 (d) Approval of the project would not result in any significant effects relating to 24 traffic, noise, air quality, or water quality; and 25 (e) The site can be adequately served by all required utilities and public services. 26 The Housing and Redevelopment Commission finds that the environmental determination reflects the 27 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 28 4. That this action is final the date this resolution is adopted by the Housing and HRC RESO NO. , PAGE 2 H f 1 2 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time 3 Limits for Judicial Review" shall apply: 4 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 1 ° City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC RESO NO. PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 10th day of July, 2007, by the following vote: AYES: Commissioners Lewis, Kulchin and Nygaard. NOES: None. ABSENT: Commissioners Hall and Packard. CLA ATTEST: RAYMOND R. PATCHETT, Setfefc^*^ £\V \V'(SEAL)£o7 ESTABLISHED \%; HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 442 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE COMMISSION AND THOMAS J. HURLEY & RICHARD A. WOOLSLEY, PROPERTY OWNERS, FOR THE PROJECT KNOWN AS ROOSEVELT CENTER AT 560 & 562 CARLSBAD VILLAGE DRIVE, APN: 203-292-15,16,17, & 19, IN THE VILLAGE REDEVELOPMENT AREA. CASE NO: RP 06-03 WHEREAS, on March 29, 2007, the City of Carlsbad Design Review Board held a duly 9 noticed public hearing to consider a Major Redevelopment Permit (RP 06-03) for the construction of a mixed-use development project consisting of 2,410 square feet of retail space, 1,670 square 12 13 14 15 23 24 25 26 feet of restaurant space, 6,502 square feet of office space, and two (2) apartment units on the property located at 560 & 562 Carlsbad Village Drive, and adopted Design Review Board Resolution No. 322 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 06-03) be approved; and 16 Major Redevelopment Permit (No. 06-03) to allow Thomas J. Hurley & Richard A. Woolsley, WHEREAS, on June 19, 2007, the Housing and Redevelopment Commission approved a 17 18 Property Onwers, to construct a mixed-use development project consisting of 2,410 square feet of 19 retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two (2) 20 apartment units on the property located at 560 and 562 Carlsbad Village Drive (Assessor Parcel # 21 203-292-15,16,17, & 19) within the Village Redevelopment Area of the City of Carlsbad; and WHEREAS, as a condition of approval of Major Redevelopment Permit 06-03, the Commission and Property Owner agreed to enter into an agreement to allow the Property Owner(s) to participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of the on-site parking requirement for the subject project; and HRC RESO NO. 28 1 WHEREAS, the Property Owners have agreed, by acceptance of the project conditions of 2 approval, to pay the established Parking In-Lieu Fee for a total of sixty-three (63) parking spaces 3 at 560 & 562 Carlsbad Village Drive within the Village Redevelopment Area of the City; and to satisfy a portion of the on-site parking requirement for the approved mixed-use project located 4 WHEREAS, the Commission finds that the subject property and project has qualified to 6 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and 7 participation in the program will satisfy a maximum of sixty-three (63) of the required parking 8 spaces for the subject mixed-use project on the noted property at 560 & 562 Carlsbad Village Drive; and WHEREAS, the Commission has previously determined that the proposed project is 12 consistent with the goals and objectives of the Village Master Plan and Design Manual; and 13 WHEREAS, the Commission finds that the current utilization ratio of the off-street public 14 parking spaces within the Village Redevelopment Area is 81% which indicates that there remains 15 adequate public parking within the Village Redevelopment Area to accommodate a portion of the subject project's parking demands (63 spaces total) through the Parking In-Lieu Fee Program; and 17 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of 18 this Parking In-Lieu Fee Participation Agreement. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 20 Commission of the City of Carlsbad, California as follows: 21 22 1 • That the foregoing recitations are true and correct. 23 2. That the Housing and Redevelopment Commission hereby approves the Village 24 Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of 25 the Carlsbad Redevelopment Agency, and Thomas J. Hurley & Richard A. Woolsley, property owners, for the project known as the Roosevelt Center which is to be 27 HRC RESO NO. 28 1 constructed at 560 & 562 Carlsbad Village Drive, in the Village Redevelopment Area 2 of the City of Carlsbad. 3 3. That the Chairperson of the Housing and Redevelopment Commission is hereby 4 authorized to execute said Agreement, and the City Clerk is requested to forward the 5 executed Agreement to the County Recorder for recordation against the subject 6 property. 7 8 9 10 12 //// 13 //// 14 //// 15 //// 16 //// 17 //// 18 19 20 21 22 23 24 //// 25 //// 26 //// 27 HRC RESO NO. PAGE 3 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 10th day of July, 2007, by the following vote: AYES: Commissioners Lewis, Kulchin and Nygaard. NOES: None. ABSENT: Commissioners Hall and Packar LEWI$7Chairman ATTEST: RAYMOND R. PATCHETT, (SEAL) 1970 3 DESIGN REVIEW BOARD RESOLUTIONS NO. 322 AND 323 DATED MARCH 29, 2007 H 1 DESIGN REVIEW BOARD RESOLUTION NO. 322 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 06-03 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 2,410 SQUARE FEET OF COMERCIAL/RETAIL SPACE, 1,670 SQUARE FEET OF RESTAURANT SPACE, 6,502 SQUARE FEET OF 6 OFFICE SPACE AND TWO (2) APARTMENT UNITS ON THE PROPERTY LOCATED AT 560 AND 562 CARLSBAD VILLAGE DRIVE IN LAND USE 7 DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: ROOSEVELT CENTER 9 APN: 203-292-15,16,17, & 19 CASE NO: RP 06-03 10 11 WHEREAS, Richard and Richard Construction, "Applicant", has filed a verified 12 application with the Redevelopment Agency of the City of Carlsbad regarding property owned by 13 Tom Hurley, "Owner", described as Assessor Parcel Number 203-292-15,16,17, & 19, and 14 , f. more thoroughly described in Attachment A, ("the Property"); and 16 WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 17 shown on Exhibits "A-I" dated March 29, 2007, on file in the Housing and Redevelopment 18 Department, "Roosevelt Center RP 06-03", as provided by Chapter 21.35.080 of the Carlsbad 19 Municipal Code; and 20 WHEREAS, the Design Review Board did on the 29th day of March, 2007, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony and 24 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 25 "Roosevelt Center RP 06-03" 26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 27 follows:28 A. That the foregoing recitations are true and correct. 2 B. That based on the evidence presented at the public hearing, the Design Review 3 Board RECOMMENDS APPROVAL of Roosevelt Center RP 06-03, based on the following findings and subject to the following conditions: 4 5 GENERAL 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, 7 and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project, hi making this determination, the Planning Director has found 9 that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 2. The Design Review Board finds that the project, as conditioned herein with the findings contained herein to grant participation in the Parking In-Lieu Fee Program and the 12 establishment of the RMH 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 13 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated March 29,2007 including, but not limited to the following: 14 1 , a. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a multi-family 16 residential use, office and commercial/retail use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a 17 residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential, office, retail, and restaurant opportunities, the project helps to create a lively, interesting social 19 environment be encouraging and increasing the opportunity for 24-hour life hi the Village, which provides the necessary customer base to attract 20 complementary uses. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near 21 transportation corridors. Furthermore, the project will provide a strong street 22 presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets and fully enclosed parking. Overall, the new residential 23 units will enhance the Village as a place for living and working. 24 b. The project is consistent with the Village Redevelopment Master Plan and Design manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) it 26 establishes the Village as a quality shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the 27 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 8 by providing residential units in close proximity to both bus and rail mass DRB RESO NO. 322 -2- transit 3) it stimulates property improvements and new development in the 2 Village by providing for an appropriate intensity of residential development and retail, restaurant, and office development that may serve as a catalyst for future 3 redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing older structures with an aesthetically pleasing building with attractive landscaping. c. The project as designed is consistent with the development standards for Land 5 Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 7 d. The findings required allowing a reduction in the front yard setback at a level below the maximum and within the standard range are as follows. First, the 9 proposed setback will not have an adverse impact on surrounding properties as the reduced setback will allow for the retail component of the project to be close 10 to the street reinforcing the pedestrian shopping environment. The reduced front yard setback will encourage and maintain the existing retail continuity along Carlsbad Village Drive adding to the shopping experience in the Village. The proposed setback is in line with the existing building to the east and west of the site along the 500 block of Carlsbad Village Drive. Furthermore, the 13 reduced standard will help to break up the mass of the building allowing other portions of the building to be setback further and stepped back at upper levels. 14 Second, the reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the land use objectives for Land Use District 1 in that the proposed land use includes highly desirable ground floor retail space, restaurant space, and complimentary second story office use and residential units in the center of the Village commercial 17 district helping to stimulate property improvements and further new development in the Village. The commercial/retail component of the project will help to further establish Carlsbad Village as a quality shopping and living environment. Lastly, the reduced standard will assist in creating a project design that is interesting, visually appealing and reinforces the Village character 20 of the area through setbacks that provide adequate space for landscaping and decorative paving at the ground floor allowing building recesses and relief along 21 the various building planes. The reduced standard will assist in creating greater architectural articulation adjacent to the street and will assist in the effort to make the building visually interesting and more appealing which is a primary 23 goal of the Village Design guidelines in reinforcing the Village character. Based on these findings, it is staff's position that the proposed project satisfies the 24 setback requirements set forth for Land Use District 1. 2-* e. The findings required allowing an increase hi the building coverage standard to a level above the minimum and within the standard range are as follows. The proposed building coverage is consistent with the building coverage for many of 27 the properties within the Village. The building coverage is at the middle of the range and close to the desired standard and will not have an impact on adjacent 28 uses. First, the proposed building coverage will not have an adverse impact on DRB RESO NO. 322 -3- surrounding properties as the building coverage will allow for the retail 2 component of the project to be close to the street reinforcing the pedestrian environment. Second, the proposed building coverage standard provides for the 3 intensification of development desired for the area and a building with a strong street presence, which assists in creating a project design that is appealing and is consistent with the objectives for Land Use District 1. Third, the proposed building coverage will assist in creating a project design that is interesting and visually appealing and reinforces the Village character of the area through 5 building coverage that provides adequate space for landscaped planter areas, decorative paving at the ground floor, an outdoor dining area and allows 7 building recesses and relief along the various building planes for architectural enhancement. Based on these findings, it is staffs position that the proposed building coverage is consistent with the desired standard. 9 f. The existing streets can accommodate the estimated ADTs and all required 10 public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best 13 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 14 g. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 17 h. 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. 20 i. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment 21 Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) units. 23 3. The Design Review Board hereby finds that the appropriate residential density for the project 24 is RMH (8-15 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. Justification for the RMH General Plan density designation is as follows: 'a. The density is compatible with the surrounding area, which contains a variety of uses including commercial and multi-family residential. Application of the RMH General Plan designation on the subject property would allow for future 28 DRB RESO NO. 322 -4- medium-high density residential development, which is permitted in District 1, 2 and would be compatible with the mixture of surrounding uses. 3 b. The RMH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, 4 and affordability of housing units within this area of the Village. The medium- high density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master Plan. c. The RMH General Plan density designation serves to satisfy the objectives of Land Use District 1 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). Medium-High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing 10 balance and help solve regional issues such as reduced traffic congestion and improved air quality. 11 4. The Design Review Board finds that the RMH residential density is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated March 29, 2007, including but not limited to the following: 14 a. Land Use - The project is consistent with the City's General Plan since the proposed density of 8.1 du/ac is within the density range of 8 -15 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 8.1 du/ac is slightly below the Growth Management Control Point density (11.5 du) used for the purpose of calculating the City's compliance with 17 Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated 18 toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. 2Q Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with 21 a unit capacity adequate to satisfy the City's share of the regional housing need. 22 5. Circulation - The project will take access off of Carlsbad Village Drive and is ~, conditioned to provide all necessary street improvements. 24 c. Noise - The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Urban Crossroads 25 d. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the as the Developer has been 27 conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) units. 28 DRB RESO NO. 322 -5- The project is consistent with the City-wide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to 3 ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 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, 5 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 7 is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they 9 apply to sewer service for this project. 10 b. All necessary public improvements have been provided or are required as conditions of approval. 1 ~ c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation to provide school facilities. 13 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be 14 collected prior to the issuance of building permit. e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 17 6. The project is consistent with the City's Landscape Manual. I O 7. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 20 of the exaction is in rough proportionality to the impact caused by the project. 21 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee 23 Program is contained in the following findings: 24 a. The project is consistent with the Carlsbad General Plan because it provides a mixed-use building in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the 27 area. 28 DRB RESO NO. 322 -6- b. The project is consistent with Village Redevelopment Master Plan and Design 2 Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides 3 permitted retail, restaurant, and office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 6 c. Adequate parking is available within the Village to accommodate the project's 7 parking demands. Based on the most recent parking study dated in February of 2007, the average occupancy for all public parking lots is 81%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 10 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. GENERAL CONDITIONS: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 14 building permits. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented 17 and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future * ° building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 20 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment 21 Permit. 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 23 and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 24 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 27 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 DRB RESO NO. 322 -7- challenged, this approval shall be suspended as provided in Government Code Section 2 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project 3 without the condition complies with all requirements of law. 4 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all 6 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 7 approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 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 10 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. 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. The Developer shall include, as part of the plans submitted for any permit plan check, a 1, reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 16 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 17 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities.18 I g 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 20 Plan prior to the issuance of building permits. 10. Approval is granted for Major Redevelopment Permit RP 06-03 as shown on Exhibits 22 A-I, dated March 29, 2007, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown unless 23 otherwise noted in these conditions. 24 11. This approval is granted subject to the approval of Coastal Development Permit (CDP 06-09) and is subject to all conditions contained in Design Revit No. 323 for those other approvals incorporated herein by reference. 26 12. This approval shall become null and void if building permits are not issued for this 27 project within 24 months from the date of project approval. 28 DRB RESO NO. 322 -8- 13. Building permits will not be issued for the project unless the local agency providing water 2 and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of 3 the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 4 5 HOUSING CONDITIONS: 6 14. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space 7 condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 9 LANDSCAPE CONDITIONS: 10 15. The Developer shall submit and obtain Planning Director approval of a Final Landscape * * and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan 12 and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a 13 healthy and thriving condition, free from weeds, trash, and debris. 14 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 16 17. Developer shall pay a landscape plan check and inspection fee as required by Section 17 20.08.050 of the Carlsbad Municipal Code. 18 MISCELLANEOUS CONDITIONS: 19 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 20 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 21 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 23 approval will not be consistent with the General Plan and shall become void. 24 19. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Redevelopment. 27 20. 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. DRB RESO NO. 322 -9- 1 2 NOTICING CONDITIONS: 3 21. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and t- successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution No. 322 on the real property owned by the Developer. Said Notice 6 of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 7 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 9 successor in interest. 10 QN-SITE CONDITIONS: 22. The developer shall construct trash receptacle and recycling areas as shown on the site 12 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 13 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment 14 * Director. 23. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 16 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter 17 comply with the approved plan. 18 24. The developer shall ^submit and obtain Housing & Redevelopment Director approval of 19 an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20 25. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 22 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 23 26. Prior to issuance of the building permit, the Developer shall enter into a Parking In- Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 63 parking spaces. The fee shaU be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces 26 needed to satisfy the commercial/retail component of the project's parking requirement (63 spaces total). The Executive Director of the Carlsbad 27 Redevelopment Agency is authorized to prepare and execute the subject Parking-In- Lieu Fee Participation Agreement on behalf of the Agency & Commission, subject to approval of the City Attorney serving as Legal Counsel to the Agency and DRB RESO NO. 322 -10- Commission. 2 27. The project shall have a master cable television hookup. Individual antennas shall 3 not be permitted. 28. There shall be separate utility systems for each unit. 5 ENGINEERING CONDITIONS: 6 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Redevelopment Permit (RP), must be met prior to approval of a g grading or building permit, which ever occurs first. 9 General 29. Prior to the issuance of a grading permit or building permit(s), which ever occurs first, the developer shall complete processing of a lot line adjustment between to consolidate Parcels A, B & C as shown on the development site plan. 12 30. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 14 31. Unless specifically allowed, no variance from City Standards is authorized by virtue 15 of approval of this development site plan. 16 32. 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 private improvements including, but not limited to permanent post-construction BMP(s) 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 19 subdivision. 2Q Fees/Asreements 33. Developer shall cause property owner to process, execute and submit to the City Engineer 21 for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 22 34. Developer shall cause property owner to execute and submit to the City Engineer for 23 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property and flows to be pumped to the Public Right- 24 of-Way of Roosevelt Street. 25 35. Developer shall cause property owner to execute and submit to the City Engineer 26 for recordation a City standard Best Management Practice (BMP) Maintenance Agreement for the perpetual maintenance of all treatment control and applicable 27 site design and source control, post-construction permanent BMP's prior to the issuance of a grading permit, building permit or recordation of a map, whichever occurs first for this Project. DRB RESO NO. 322 -11- Gradins 2 36. This project may require off site grading for the construction of proposed foundations adjacent to the property lines. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains records and submits a recorded copy 4 to the City Engineer a grading or slope easement, or executed agreement from the owners of the affected properties. If Developer is unable to obtain the recorded grading or slope 5 easement, or agreement, no grading permit will be issued, hi that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading 6 will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. g 37. Based upon a review of the proposed grading and the grading quantities shown on the development site plan, a grading permit for this project is required according to Chapter 9 15.16 of the Carlsbad Municipal Code. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 38. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed 12 pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to the maximum extent practicable (MEP) prior to discharge from the property. Plans for such improvements 1 . shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 17 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, I g solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water 19 conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, ^ County and City requirements as prescribed in their respective containers. 91* c. Best Management Practices shall be used to eliminate or reduce surface pollutants 22 when planning any changes to the landscaping and surface improvements. 39. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)" report, prepared by a civil engineer with current registration in the state of California. The SWMP shall demonstrate compliance with the City of Carlsbad Standard 25 Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board (RWQCB) and City of 26 Carlsbad Municipal Code, or any subsequent revisions as adopted by the City or __ RWQCB. The SWMP shall include measures to avoid contact, filter, or otherwise treat said pollutants from storm water, to the maximum extent practicable, for the post- 28 construction stage of the project in perpetuity. At a minimum, the SWMP shall: DRB RESO NO. 322 -12- 3 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; 4 c. recommend site design, source control and treatment control Best Management Practices (BMP's) that will be implemented with this project to avoid contact, filter, 5 or otherwise treat said pollutants from storm water to the maximum extent practicable before discharging offsite; 6 d. establish specific operation and maintenance procedures for for all applicable site ' design, source control and treatment control BMP's in addition to handling spills g and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; 9 e. propose a city approved mechanism to ensure long-term maintenance of all post 10 construction BMP's that includes maintenance and operation records that are required to be maintained for a minimum of five (5) consecutive years, in perpetuity; and 11 f. identify how post-development runoff rates and velocities from the site will not 12 exceed the pre-development runoff rates and velocities to the maximum extent practicable. Dedications/Improvements 40. Additional drainage easements may be required. Developer shall dedicate and provide or 15 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit.16 17 41. Prior to issuance of building permits Developer shall restore sidewalks along all public streets abutting the development site in conformance with City of Carlsbad Standards in 18 areas disturbed by proposed improvements. 42. Prior to building permit Developer shall replace the existing electrical box lid within 2A the sidewalk along the southeast project frontage on Roosevelt Street to current standards, with a slip resistant lid to the satisfaction of the City Engineer. 21 43. Based upon a review of the proposed improvements on the development site plan, a 22 Right-of-Way (ROW) permit for this project is required for the installation of 2 sidewalk underdrains and sidewalk restoration. Developer shall apply for and obtain a ROW permit from the City Engineer prior to issuance of a building permit. 24 Utilities 25 44. The Developer shall provide separate potable water meters for each separately owned unit. The locations of said services shall be reflected on public improvement plans. 26 45. Prior to approval of improvement plans , Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building 2g sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be DRB RESO NO. 322 -13- considered public improvements and shall be served by public water mains to the 2 satisfaction of the District Engineer. 3 46. 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 4 determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the site plan. 6 47. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the development site plan to the satisfaction of the 7 District Engineer. o 48. Note(s) to the following effect(s) shall be placed as non-mapping data: 9 All improvements are privately owned and are to be privately maintained with the exception of the following:10 a. Public storm drain 11 b. Sidewalk1249. The owner of this property on behalf of itself and all of its successors in interest has 13 agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and 14 subsequent damage that may occur on, or adjacent to, this subdivision due to its 1 - construction, operation or maintenance. 16 50. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Special Conditions 18 51. This approval is based upon the understanding that subdivision of the subject property is not planned or anticipated. Should the property be subsequently subdivided and made available for separate ownership, Developer shall install 20 separate water services and meters for each unit available for separate ownership, subject to the approval of the City Engineer. 21 52. Prior to building permit Developer shall replace the existing electrical box lid within 22 the sidewalk along the southerly project frontage on Roosevelt Street to current ~- standards, with a slip resistant lid to the satisfaction of the City Engineer. 24 53. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the development site plan are for planning purposes only. Developer shall pay traffic 25 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively.26 Code Reminder 27 54. Developer shall comply with all applicable provisions of federal, state, and local laws and 28 regulations in effect at the time building permits are issued, including but not limited to DRB RESO NO. 322 -14- the following: 2 a. All Development within Local Facilities Management Plan (LFMP) Zone 1 shall conform to the provisions of Section 21.90 of the City of Carlsbad Municipal Code and to all applicable provisions of the LFMP. 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 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of 6 the City Engineer. 7 FIRE CONDITIONS: 8 55. The proposed under story parking garage shall be sprinkled. 9 56. Fire Department approved key entry systems shall be provided at all points of entry into the building from the public right of way. 11 57. Addressing scheme shall be approved by Building and Fire Department. 12 58. Fire sprinkler protections shall include all combustible space, NFPA 13 Standard. 14 STANDARD CODE REMINDERS: 15 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 16 Fees 18 59. 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. 19 60. The developer shall pay a landscape plan check and inspection fee as required by Section 20 20.080.050 of the Carlsbad Municipal Code. General 22 61. Approval of this request shall not excuse compliance with all applicable sections of the 23 Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otherwise specifically provided herein. 25 62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 26 63. Any signs proposed for this development shall at a minimum be designed in conformance 27 with the approved plans and the sign criteria contained in the Village 28 DRB RESO NO. 322 -15- Redevelopment Master Plan and Design Manual and shall require review and approval 2 of the Housing & Redevelopment Director prior to installation of such signs. 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 DRB RESO NO. 322 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 29th day of March, 2007 by the following vote to wit: AYES: BAKER, HAMILTON, LAWSON AND WHITTON NOES: NONE ABSENT: SCHUMACHER ABSTAIN: NONE , CHAIRPERSON DESIGNllEVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 322 -17- 1 DESIGN REVIEW BOARD RESOLUTION NO. 323 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 06-09 TO ALLOW 4 THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 2,410 SQUARE FEET OF RETAIL SPACE, 1,670 5 SQUARE FEET OF RESTAURANT SPACE, 6,502 SQUARE FEET OF OFFICE SPACE, AND TWO (2) APARTMENT UNITS ON THE 6 PROPERTY LOCATED AT 560 AND 562 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE 7 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE1. 8 CASE NAME: ROOSEVELT CENTER 9 APN: 203-292-15, 16, 17, & 19 CASE NO.: CDP 06-09 jj WHEREAS, Richard and Richard Construction, "Applicant", has filed a 12 verified application with the Redevelopment Agency of the City of Carlsbad regarding property 13 owned by Tom Hurley, "Owner", described as Assessor Parcel Numbers 203-292-15,16,17, 14 & 19, and more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A-l" dated March 29, 2007, on file in the Housing 17 and Redevelopment Department, "Roosevelt Center RP 06-03/CDP 06-09" as provided by 18 Chapter 21.81.040 of the Carlsbad Municipal Code; and 19 WHEREAS, the Design Review Board did, on the 29* day of March 2007, hold a 20 duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Board considered all factors £3 24 relating to the CDP. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 26 of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Board RECOMMENDS APPROVAL of Roosevelt Center CDP 06-09 based on the following findings and subject to the following conditions: 1 Findings: 9 That the proposed development is in conformance with the Carlsbad Village Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the City of 4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that the development does not obstruct views or otherwise damage the visual beauty 5 of the coastal zone, and no agricultural activities, sensitive resources, geological instability exist on the site. 6 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 7 of the Coastal Act in that the development will not alter physical or visual access to the shore. 8 3. The project is consistent with the provisions of the Coastal Resource Protection " Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes 1 _ exist within the proposed construction area, all grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. 12 Conditions: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 14 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 15 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of *' occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Coastal Development Permit. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as 21 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 22 Any proposed development different from this approval, shall require an amendment to this approval. 23 3. The Developer shall submit to the Housing and Redevelopment Department a 24 reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the conditions approved by the final decision making body. 4. This approval is granted subject to the approval of RP 06-03 and is subject to all conditions contained in Design Review Board Resolutions No. 322 for those other 2_ approvals and incorporated by reference herein. 5. The applicant shall apply for and be issued building permits for this project within twenty- four (24) months of approval or this coastal development permit will expire unless extended per Section 21.81.160 of the Carlsbad Municipal Code. DRB RESO NO. 323 -2- 1 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. All construction activities shall be planned so that grading will occur in units that can be 4 easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be 5 planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 6 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit 7 discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to 8 sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development 9 permit. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 323 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 29th day of March, 2007, by the following vote, to wit: AYES: NOES: BAKER, HAMILTON, LAWSON AND WHITTON NONE ABSENT: SCHUMACHER ABSTAIN: NONE <F0tfY LAMSONT CHAIRPERSON DESIGr/REVIEW BOARD DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 323 -4- DESIGN REVIEW BOARD REPORT DATED MARCH 29,2007 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 11/16/2006 Chris Scobba Environmental Review: Categorical Exemption ITEM NO. 1 DATE: March 29, 2007 SUBJECT: RP 06-03/CDP 06-09 "ROOSEVELT CENTER": Request for a Major Redevelopment Permit and Coastal Development Permit, to allow the construction of a mixed-use development project consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two (2) apartment units on the property located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 322 recommending APPROVAL of RP 06-03 , and ADOPT Design Review Board Resolution No. 323 recommending APPROVAL of CDP 06-09 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation greater than $150,000. In addition, due to the fact that the subject site is located within the Coastal Zone, the project is required to process a coastal development permit. In accordance with redevelopment permit procedures, the 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. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Richard and Richard Construction, has requested a major redevelopment permit to allow the construction of a 23,000 square foot mixed-use project consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two (2) apartment units. The subject property totals 10,750 square feet and is located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area. The existing structure on-site is a one-story commercial building which is proposed to be demolished in order to accommodate the new building. The subject property ROOSEVELT CENTER MARCH 29, 2007 PAGE 2 abuts a one-story commercial building to the east, to the west across the alley exists a one-story commercial center called "The Village Corner", across Carlsbad Village Drive to the south exists one-story and two-story commercial buildings, and to the north is a one-story office building. The three-story building consists of retail and restaurant space on the first floor, office space on the second floor, and two apartment units on the third floor. The apartment units are 1,838 and 2,053 square feet with both having two bedrooms and two bathrooms. The building has retail and restaurant space on the ground floor incorporating attractive decorative building materials such as stone veneer, decorative lighting fixtures, landscape planters, and water fountains. The office space and residential units located above the retail and restaurant space continue the pleasing architectural design to the upper levels of the building incorporating ornamental half- timbering, steeply pitched roofs, and stone chimneys. Resident parking for the project is screened from public view through the use of two-car garages accessed from the alley. The required guest parking is an accessible covered space that is in between the two garages located at the rear of the lot. Vehicular access to the site is provided off of an alley from Carlsbad Village Drive. The applicant is requesting to participate in the parking in-lieu-fee program for the required retail, restaurant, and office space parking. 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 restaurant, retail, office use, and residential use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a commercial district by providing greater shopping and employment opportunities in the Village. By providing more residential and commercial opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the new residents and shoppers an opportunity to walk to shopping, recreation, and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets and enclosed parking. Overall, the new building will enhance the Village as a place for living and working. ROOSEVELT CENTER MARCH 29, 2007 PAGE 3 V. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION. GOALS AND OBJECTIVES The proposed project will be able to address a variety of objectives as outlined within the Village Master Plan and Design Manual as follows: Goal 1: Establish Carlsbad Village as a Quality Shopping. Working and Living Environment. The proposed project will result in the development of new apartment units where residents will be located in District 1, the retail and commercial core of the Village Area and near the visitor- serving commercial uses of District 9. The new residences will increase the number, quality and diversity of housing units within the Village, particularly those in proximity to transit, shopping and employment for those people seeking to reside in the downtown area. The proposed commercial space will serve the new residents, existing residents, as well as those who work in the surrounding area. The project will help establish the Village as a quality shopping, working, and living environment by providing additional retail, restaurant and office space to meet the needs of residents and visitors alike. The attractive architectural design of the project will serve to enhance the site and the surrounding area. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. Access to the parking will be provided off of an alley from Carlsbad Village Drive eliminating any pedestrian/vehicular conflicts along Carlsbad Village Drive where the retail storefronts are proposed and Roosevelt Street where the restaurant is proposed. Additionally, the proposed project will be in close proximity to both bus and rail mass transit options and will thus encourage and promote the use of mass transit, further improving vehicular circulation in the Village. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. Two of the objectives of this goal are to increase the intensity of development and to encourage mixed-use development projects in the Village. The proposed project will specifically accomplish both of these objectives. In addition, the proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Carlsbad Village Center (Land Use District 1) by providing for an appropriate intensity of residential development and commercial development that is compatible with surrounding area. Staff sees the development of the subject property as an additional catalyst for further redevelopment along Carlsbad Village Drive. Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is visually appealing. The architecture of the new structure meets the requirements of the design guidelines for the Village. The new structure is three stories, and upper levels are stepped back from the property lines, which is intended to respect adjacent and surrounding properties. Construction of the proposed project will reinforce the Village character with appropriate site planning and architectural design and materials that comply with City standards and requirements. In addition, the proposed project will establish restaurant, retail and office uses with scale and character that is appropriate for the neighborhood. ROOSEVELT CENTER MARCH 29, 2007 PAGE 4 VI. CONSISTENCY WITH VILLAGE LAND USE PLAN & LOCAL COASTAL PLAN As set forth in the Village Master Plan and Design Manual, mixed-use projects are classified as permitted uses within Land Use District 1 of the Village Redevelopment Area. Permitted uses are defined as those uses which are permitted by right because they are considered to be consistent with the vision and goals established for the district. Although these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. In addition, the Village Redevelopment Master Plan and Design Manual stipulates that the mixed-use aspect of the project is permitted provided that the ground floor of all approved mixed-use projects be devoted to visitor serving commercial uses. Since retail and restaurant space is proposed on the ground floor along Carlsbad Village Drive and Roosevelt Street, Staff concludes that the project complies with this requirement. The overall vision for the development of District 1 (Carlsbad Village Center) is to reinforce the pedestrian shopping environment, encourage mutually supportive uses and provide a major activity focus for Carlsbad Village and the City as a whole. Commercial and retail businesses are emphasized, and multi-family and office development is permitted as part of a mixed-use project. Staff believes that the proposed project achieves this vision by providing a highly desirable mixed-use project, which provides additional retail within District 1 (Carlsbad Village Center). The proposed project supports the Village character for the area. The project is located in close proximity to mass transit, parks, the beach, retail, and commercial services. The project is consistent with the Village Master Plan and Design Manual and has also been determined to be consistent with the General Plan, as related to the Village Redevelopment Area. Development of the subject property will serve as a catalyst for future projects and help to further promote the Village Design within District 1. In addition, the site is located within the Coastal Zone. Therefore, consistency with the Village Local Coastal Program is applicable to this project. The Village Master Plan Design Manual functions as the Local Coastal program for the area. Therefore, as long as the project is consistent with the Village Master Plan Design Manual, the project is consistent with the Local Coastal Program. Staff finds the proposed use to be consistent with the Village Master Plan Design Manual and therefore the Local Coastal Program. A coastal development permit is being processed concurrently with the redevelopment permit. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 1 are as follows: Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 1, the required front yard setback is 0-10 feet, however, there is no minimum setback requirement for the side and rear yards. All setbacks are measured from property lines. The front yard setback of the proposed building is at a minimum of 2 feet from the front property line for the retail component of the project, however, the upper levels of the building are stepped back 6.5 feet. The west side yard setback is set at 0 feet from the property line abutting a 20 foot wide alley, the east side yard ROOSEVELT CENTER MARCH 29, 2007 PAGES setback is set 30' 2" from the Roosevelt Street property line, and the north side yard setback is set at 0 feet abutting a one-story office building. All of the setbacks fall within the standard range. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. However, a reduction in the standard to the minimum, or anywhere within the range, may be allowed if the project warrants such a reduction and the following findings are made by the Housing & Redevelopment Commission: 1. The reduced standard will not have an adverse impact on surrounding properties. 2. The reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is to be located. 3. The reduced standard will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. The findings required allowing a reduction in the front yard setback at a level below the maximum and within the standard range are as follows. First, the proposed setback will not have an adverse impact on surrounding properties as the reduced setback will allow for the retail component of the project to be close to the street reinforcing the pedestrian shopping environment. The reduced front yard setback will encourage and maintain the existing retail continuity along Carlsbad Village Drive adding to the shopping experience in the Village. The proposed setback is in line with the existing building to the east and west of the site along the 500 block of Carlsbad Village Drive. Furthermore, the reduced standard will help to break up the mass of the building allowing other portions of the building to be setback further and stepped back at upper levels. Second, the reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the land use objectives for Land Use District 1 in that the proposed land use includes highly desirable ground floor retail space, restaurant space, and complimentary second story office use and residential units in the center of the Village commercial district helping to stimulate property improvements and further new development in the Village. The commercial/retail component of the project will help to further establish Carlsbad Village as a quality shopping and living environment. Lastly, the reduced standard will assist in creating a project design that is interesting, visually appealing and reinforces the Village character of the area through setbacks that provide adequate space for landscaping and decorative paving at the ground floor allowing building recesses and relief along the various building planes. The reduced standard will assist in creating greater architectural articulation adjacent to the street and will assist in the effort to make the building visually interesting and more appealing which is a primary goal of the Village Design guidelines in reinforcing the Village character. Based on these findings, it is staff's position that the proposed project satisfies the setback requirements set forth for Land Use District 1. Building Coverage: The range of building footprint coverage permitted for mixed use projects in Land Use District 1 is 60% to 80%. For the proposed project, the building coverage is 71% which is within the established range. The bottom of the range is considered the desired standard. However, an increase in the standard to the maximum, or anywhere within the range, may be allowed if the project warrants such an increase and the following findings are made by the Housing & Redevelopment Commission: 1. The increased standard will not have an adverse impact on surrounding properties. 2. The increased standard will assist in developing a project which meets the goals of the ROOSEVELT CENTER MARCH 29,2007 PAGE 6 Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is located. 3. The reduced standard will assist in creating a project design which is interesting and visually appealing and reinforces the village character of the area. The proposed building coverage is consistent with the building coverage for many of the properties within the Village. The building coverage is at the middle of the range and close to the desired standard and will not have an impact on adjacent uses. First, the proposed building coverage will not have an adverse impact on surrounding properties as the building coverage will allow for the retail component of the project to be close to the street reinforcing the pedestrian environment. Second, the proposed building coverage standard provides for the intensification of development desired for the area and a building with a strong street presence, which assists in creating a project design that is appealing and is consistent with the objectives for Land Use District 1. Third, the proposed building coverage will assist in creating a project design that is interesting and visually appealing and reinforces the Village character of the area through building coverage that provides adequate space for landscaped planter areas, decorative paving at the ground floor, an outdoor dining area and allows building recesses and relief along the various building planes for architectural enhancement. Based on these findings, it is staff's position that the proposed building coverage is consistent with the desired standard. Building Height: The height limit for Land Use District 1 is 35 feet with a minimum 5:12 roof pitch, and 45 feet where residential or commercial space is located over a parking structure. The project proposes a maximum roof height of 39' for the residential portion of the building that is located over the residential garage and guest parking space. The remaining of the building is set at 28.5'. The project also provides for varying roof pitches of 7:12 and 9:12. Therefore, the building height is in compliance with the established standard set forth in the Village Master Plan. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Per the Village Master Plan (which supercedes all other regulatory documents), open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, and/or patios. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building, and balconies. The project provides for a total of 7,963 square feet of open space, which represents 34.5% of the site and is consistent with the open space requirement. Parking: The parking for this project is broken down in the following table: Use Residential Retail Restaurant Office Parking Requirement 2/unit + 1/2 guest space/unit 1/300 sq. ft. of floor space 1/100 sq. ft. of floor space 1/300 sq. ft. of floor space # of Units/Floor Space 2 2,410 3,332 6,502 Total Spaces Required Parking spaces required 5 8 33 22 68 ROOSEVELT CENTER MARCH 29, 2007 PAGE 7 The project provides 5 residence spaces through individual two-car garages and one covered accessible guest parking space between the garages. The 5 on-site residential parking spaces will not be visible from the public street as the spaces are contained entirely within garages on the first floor of the building. The applicant is proposing to provide all 63 required retail, restaurant, and office parking spaces off-site through participation in the Parking In-Lieu Fee Program for a total fee of $708,120 ($11,240 per space). The fees collected from the Parking In-Lieu Fee Program are deposited into an earmarked, interest bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Redevelopment Area. For the purposes of determining participation in the program, the Village has been divided into two parking zones - Zone 1 and Zone 2. A property/business owner is eligible to participate in the in-lieu fee program according to the parking zone in which a given property is located and its proximity to an existing or future public parking lot. The subject property is located within Zone 1. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In- Lieu Fee payment for up to one hundred percent (100%) of the on-site parking requirement for the retail, restaurant, and office use if the property is located within 600 feet of an existing public parking lot. The subject property is located within 600 feet of nine (9) existing public parking lots located within the Village, of which two (2) are located directly across the street on Roosevelt Street. Therefore the proposed project qualifies to make an in-lieu fee payment for up to one hundred percent (100%) of the on-site retail, restaurant and office parking requirement. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the Parking In-Lieu Fee prior to the issuance of building permits for the project. The current fee is $11,240 per required parking space to be provided off-site. In order to participate in the Parking In-Lieu Fee Program the following findings must be made by the Design Review Board and the Housing and Redevelopment Commission: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual. 2. The proposed use is consistent with the land use district in which the property is located. 3. Adequate parking is available within the Village to accommodate the project's parking demands. 4. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. Justification for the above referenced findings is as follows: 1. The project is consistent with the Carlsbad General Plan because it provides a mixed- use building in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. ROOSEVELT CENTER MARCH 29, 2007 PAGES 2. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides permitted retail, restaurant, and office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and is surrounded by landscaping. 3. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study completed in February of 2007, the average occupancy for all public parking lots is 81%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 4. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. Based on these findings, it is staff's position that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of 63 parking spaces. If the Housing and Redevelopment Commission grants participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set forth in the Village Redevelopment Master Plan. Residential Density: The Village Master Plan and Design Manual does not set forth specific densities in the land use districts that permit residential uses. Instead, an appropriate General Plan residential density is to be determined for each project based upon compatibility findings with the surrounding area. Maximum project density may not exceed the Growth Management Control Point (GMCP) for the applicable density designation unless a density increase or bonus is granted in accordance with Chapters 21.53 and 21.86 of the Carlsbad Municipal Code. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad Municipal Code to exceed the GMCP. After considering the goals and objectives of the Village Redevelopment Area, the vision for Land Use District 1 and surrounding land uses, staff is recommending a Medium-High Density (RMH) General Plan Designation for the subject property. Justification for the RMH General Plan density designation is as follows: 1. The density is compatible with the surrounding area, which contains a variety of uses including commercial and multi-family residential. Application of the RMH General Plan designation on the subject property would allow for medium-high density residential development, which is permitted in District 1, and would be compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 2. The RMH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The medim-high density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master Plan. ROOSEVELT CENTER MARCH 29, 2007 PAGE 9 3. The RMH General Plan density designation serves to satisfy the objectives of Land Use District 1 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). Medium-High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. The RMH designation allows for a density range of 8 to 15 dwelling units per acre with a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. The site area for the proposed project is .25 acres (10,750 square feet), which will accommodate 2.88 dwelling units per the GMCP. With 2 dwelling units proposed, the project results in a density of 8 dwelling units per acre, which is below the GMCP of the RH density range (15-23 dwelling units per acre). The proposed project density, which is below the GMCP, is consistent with Program 3.8 of the City's certified Housing Element because all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. Justification to allow a density that is below the GMCP has been incorporated into the attached DRB Resolution No. 322. Inclusionary Housing Requirements: All residential projects within the Village Redevelopment Area are subject to the City's Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In accordance with Redevelopment Law, 15% of the private housing units constructed within a redevelopment area must be affordable to low and moderate income persons, of which not less than 40% (or 6% of the total units) must be affordable to very low income households. Per City Ordinance, projects of six or fewer units are eligible to pay an in-lieu fee of $4,515 per market rate unit. By paying this fee at the time of building permit issuance, the project is providing its fair share of housing affordable to lower income households and, therefore, is consistent with the Inclusionary Housing Ordinance. The project has been conditioned to pay the in-lieu fee for the two (2) proposed residential units. The fee is paid at the time of building permit issuance. Planned Development: The Village Master Plan includes a specific condition for residential units proposed for separate ownership which states that all such units shall comply with the development standards and design criteria set forth by the Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code. However, the Planned Development Ordinance regulations do not apply to attached residential units proposed for inclusion as part of a commercial development project (i.e. mixed-use). Although not required to do so, the proposed project has met many of the requirements of the Planned Development Ordinance in order to provide added project amenities as noted below. Recreational Space: The proposed units each contain a minimum of 120 square feet of total balcony area as required. In addition, a common roof deck/patio area is provided for the ROOSEVELT CENTER MARCH 29, 2007 PAGE 10 residents totaling 1,700 square feet. The total amount of private recreational space provided for the units is 2,739 square feet. Lighting: Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems will be provided. The applicant will submit a lighting plan, subject to the approval of the Housing & Redevelopment Director, prior to issuance of a building permit. This condition has been incorporated into attached DRB Resolution No. 322. Utilities: There shall be separate utility systems for each unit. This condition has been incorporated into attached DRB Resolution No. 322. Tenant Storage Space: Each unit has been designed to provide for a minimum of 360 cubic feet of storage space in the garage as required. Antennas: Individual antennas shall not be permitted. The project shall have a master cable television hookup. This condition has been incorporated into attached DRB Resolution No. 322. VIII. CONSISTENCY WITH DESIGN GUIDELINES All new projects within the Village Redevelopment Area must make a good faith effort to design a project that is consistent with a village scale and character. In accordance with the design review process set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual, the Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project provides for a pleasant architectural design. The project is consistent with the desired Village scale and character for a relatively dense urban neighborhood providing an appropriate density and intensity of development. The ground floor of the building has a strong relationship to the street in that it is physically located in close proximity to the public sidewalk along Carlsbad Village Drive enhancing the pedestrian-orientation of the Village. Upper levels of the building are setback from the street in order to provide architectural relief along the upper level building planes. The building's architecture incorporates many of the same architectural elements found in other Village mixed-use projects. The architectural design elements include the incorporation of various sized and shaped multi-paned windows, stone veneer, ornamental half-timbering, ROOSEVELT CENTER MARCH 29, 2007 PAGE 11 steeply pitched roofs, decorative lighting, and stone fireplaces. The project provides a landscaped planter with a seat wall amongst the decorative paving at the ground floor for public seating in front of the retail portion of the site and landscaping is incorporated into the outdoor dining area fronting Roosevelt Street. Parking is visually subordinate in that the resident garages are located on the ground floor of the buildings and parking for the non-residential uses are provided for off-site. A summary of the design features related to the project is provided as an exhibit to this report (See Attached Exhibit A). IX. 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. X. 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. XI. STAFF RECOMMENDATION Staff is recommending approval of the project. The project will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan and Design Manual. ATTACHMENTS: A. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines. B. Design Review Board Resolution No. 322 recommending approval of RP 06-03. C. Design Review Board Resolution No. 323 recommending approval of CDP 06-09. D. Location Map. E. Map of Public Parking Resources F. Exhibits "A-l", dated March 29, 2007, including reduced exhibits. VILLAGE MASTER PLAN DESIGN GUIDELINES CHECKLIST *%- >J&S,'S''«ii i^st =M*- tJ* '™.®W3K'«|!ian&!^^ 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 ^^B^^M^^^8**^S^^fe^S^^^^^^^^^^^^^^^E il 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 marking spaces or circulation to landscaping. Avoid parking in front setback areas. Project: Roosevelt Center The 2 foot setback along Carlsbad Village Drive varies from other buildings which have zero setbacks. The Roosevelt Street setback is 30'2" which provides setback variety from the projects to the north and south. A seat wall is incorporated into a landscape planter along Carlsbad Village Drive and low lying walls are provided along Roosevelt Street. Retail space is being provided on Carlsbad Village Drive, and restaurant space is provided on Roosevelt Street which serves to maintain the retail continuity along both of these pedestrian- oriented frontages. The project does not include a drive-thru. There are not any adjacent residential uses. The proposed project provides for an entry courtyard for pedestrian use. Landscaped areas along the front and street side of the building will provide for an informal setting. Minimal landscaping is provided along Carlsbad Village Drive and Roosevelt Street. Parking is contained entirely within the structure and will not be visible from the street. Parking will be accessed off of an alley from Carlsbad Village Drive. Resident parking is located in garages within the building, while the guest parking is located in a covered space in between the two garages. The applicant is requesting to participate in the parking in-lieu fee program for the required retail, restaurant, and office parking requirement. Parking lot areas are not part of the proposal. All areas not required for circulation or parking is devoted for landscaping. No parking is provided in the front setback area. 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. 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. wBPWtE!fflBiifflS@i^^M^^^^^^^ffi^i^^S^^^JijBullQinQlWipiiiM^^^^^^^^^^^^^J^^Sw^^^^^ffl^^^^^^^ffl^lg 1 Provide for variety and diversity. Each building should express its uniqueness of structure, location or tenant and should be designed especially for their sites and not mere copies of generic building types. Step taller buildings back at upper levels. Break large buildings into smaller units. Maintain a relatively consistent building height along block faces;. Utilize simple building forms. Trendy and "look at me" design solutions are strongly discouraged. Emphasize the use of gable roofs with slopes of 7 in 12 No new curb cuts are proposed. No parking provided in block corner. Appropriate setbacks and landscaping are provided adjacent to pedestrian areas. The resident parking garages are fully integrated into the building design and play a more subordinate role by being fully screened from the street. The ground floor building frontage along Carlsbad Village Drive is primarily dedicated to a desired commercial/retail use and the Roosevelt Street frontage is dedicated to a restaurant use. Parking is not visually significant as the applicant is requesting to participate in the parking in-lieu fee program for the required retail, restaurant, and office parking requirement. Underground parking is economically unfeasible. Also, the shape of the lot creates a physical limitation to underground parking. Not applicable. The building has been designed specifically for the unique layout of the property and topography. The building design provides for articulation on all sides, varying setbacks, and other architectural features, which provide for a unique character. Upper levels of the building are stepped back along the street. Architectural features and relief appears to step the upper level of the building back along the rear and alley side of the property. Varying roof peaks, building lines, and various architectural features serve to break up the mass of the buildings. The height of the new structure is consistent with the height limit for residential and commercial buildings in Land Use District 1 . The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The building is not trendy or "look at me" in design. The project is providing a 7:12 to 9:12 roof pitch. 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. MBBiiuijffi^uiiiui^^ 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. The project design lends itself to the use of dormers on all street facing elevations. The project provides a concrete shake roof, which is consistent with the architectural design intended for the project as well as other projects in the area. The building does not incorporate flat roofs. This will be a requirement of the project. The project utilizes mansard roof forms to keep the overall height of the structure compatible with surrounding buildings. By providing for attractive facades and landscaping, the project is very visually appealing. Visual interest is added to the building through various architectural features. The design of the building incorporates design elements into all four building facades, thereby creating visual interest in the building. The project features various architectural enhancements such as ornamental half-timbering, dormers, stone veneer, decorative lighting and stone chimneys. Multi-paned windows with decorative trim are used in the project. The building design provides for recesses and projections on the various levels of the building, which will create shadows and contrast. The upper level of the structure has ornamental half-timbering, stone chimneys and the residences are setback from the commercial space at the upper level in order to accentuate the retail part of the project. The upper floors can be accessed by a decorative staircase off Roosevelt Street or a small courtyard off Carlsbad Village Drive. Detail elements have been incorporated into the building, which include; decorative trim around the windows, stone veneer, ornamental half-timbering, and decorative lighting. The materials and colors proposed for the building will not conflict with adjacent developments. 1 Emphasize the use of the following wall materials: wood siding; wood shingles; wood board and batten siding; and stucco. Avoid the use of the simulated materials; indoor/outdoor carpeting; distressed wood of any type Avoid tinted or reflective window glass. Utilize wood, dark anodized aluminum or vinyl coated metal door and window frames. Avoid metal awnings and canopies. Utilize light and neutral base colors. Limit the materials and color palette on any single building (3 or less surface colors) Provide significant storefront glazing. Avoid large blank walls. Encourage large window openings for restaurants. Encourage the use of fabric awnings over storefront windows arid entries. Emphasize display windows with special lighting. Encourage the use of dutch doors. Utilize small paned windows. Develop a total design concept. Provide frequent entries. Limit the extent of entry openings to preserve display windows. Avoid exterior pull down shutters and sliding or fixed security grilles over windows along street frontages. Emphasize storefront entries. The exterior walls utilize a stucco finish of neutral color. None of the noted materials have been indicated for use. The windows are clear glass. Wood or vinyl coated doors and window frames will be utilized. The project does not include the use of awnings. The project utilizes a light and neutral color scheme. The project incorporates two different stucco colors. Retail storefront glazing is extensive. Large blank walls are not proposed. 10 feet tall windows openings will be used for the restaurant. Canvas awnings are not proposed, however rooflines extend over bay windows to create the desired effect. Special lighting is proposed in retail display windows. Project design does not lend itself to the use of dutch doors. Small paned windows are utilized. Design of residential and commercial components of the mixed-use project are harmonious. One main entrance to the retail component is proposed along Carlsbad Village Drive. A separate entrance to the restaurant is located along Roosevelt Street. The extent of entry openings is limited. These features are not proposed. Storefront entries are emphasized. Integrate fences and walls into the building design. Encourage front entry gardens Locate residential units near front property lines and orient entries to the street. Provide front entry porches. 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. Fences and walls are integrated into the overall project design. Landscaping is proposed along the street frontage to contribute to the overall visual quality of the neighborhood. Decorative paving is also provided along Carlsbad Village Drive. Room is available on the balconies for residents to incorporate flower boxes and landscape planters on the upper levels. Due to the mixed-use nature of the project, the retail space has been moved to the street. However, the balconies for the residential units are oriented towards the street. The project design does not lend itself to the use of front entry porches. Residential units are located on the third floor. Windows look out to the street. The project utilizes a simple color scheme Decorative stone veneer, ornamental half- timbering, stone chimneys, and decorative lighting provide detailing on the building facades. The project incorporates a cottage form and scale with steep roof pitches, ornamental half-timbering, and stone chimneys. Open space areas and landscaping encompass 34.5% of the property. Access to the resident garages will be provided off of an alleyway. Not applicable. A stucco seat wall will be part of a landscape planter along Carlsbad Village Drive. Not applicable. 1 DESIGN REVIEW BOARD RESOLUTION NO. 322 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 06-03 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 2,410 SQUARE FEET OF COMERCIAL/RETAIL SPACE, 5 1,670 SQUARE FEET OF RESTAURANT SPACE, 6,502 SQUARE FEET OF 6 OFFICE SPACE AND TWO (2) APARTMENT UNITS ON THE PROPERTY LOCATED AT 560 AND 562 CARLSBAD VILLAGE DRIVE IN LAND USE 7 DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: ROOSEVELT CENTER o APN: 203-292-15,16,17, & 19 CASE NO: RP 06-03 10 11 WHEREAS, Richard and Richard Construction, "Applicant", has filed a verified 12 application with the Redevelopment Agency of the City of Carlsbad regarding property owned by 13 Tom Hurley, "Owner", described as Assessor Parcel Number 203-292-15,16,17, & 19, and 14 more thoroughly described in Attachment A, ("the Property"); and 16 WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 17 shown on Exhibits "A-I" dated March 29, 2007, on file in the Housing and Redevelopment 18 Department, "Roosevelt Center RP 06-03", as provided by Chapter 21.35.080 of the Carlsbad 19 Municipal Code; and 20 I WHEREAS, the Design Review Board did on the 29th day of March, 2007, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony and 24 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 25 "Roosevelt Center RP 06-03" 26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 27 follows:28 A. That the foregoing recitations are true and correct. 2 B. That based on the evidence presented at the public hearing, the Design Review 3 Board RECOMMENDS APPROVAL of Roosevelt Center RP 06-03. based on the following findings and subject to the following conditions: 4 GENERAL 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, 7 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 9 that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 2. The Design Review Board finds that the project, as conditioned herein with the findings contained herein to grant participation in the Parking In-Lieu Fee Program and the 2 establishment of the RMH 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 13 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated March 29,2007 including, but not limited to the following: 14 a. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a multi-family residential use, office and commercial/retail use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a 17 residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential, office, retail, and restaurant opportunities, the project helps to create a lively, interesting social environment be encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract 20 complementary uses. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near 21 transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets and fully enclosed parking. Overall, the new residential 23 units will enhance the Village as a place for living and working. 24 b. The project is consistent with the Village Redevelopment Master Plan and Design manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) it establishes the Village as a quality shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the 27 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 28 by providing residential units in close proximity to both bus and rail mass DRB RESO NO. 322 -2- 1 transit 3) it stimulates property improvements and new development in the 2 Village by providing for an appropriate intensity of residential development and retail, restaurant, and office development that may serve as a catalyst for future 3 redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing older structures with an aesthetically pleasing building with 4 attractive landscaping. c. The project as designed is consistent with the development standards for Land 5 Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 7 d. The findings required allowing a reduction in the front yard setback at a level below the maximum and within the standard range are as follows. First, the o proposed setback will not have an adverse impact on surrounding properties as the reduced setback will allow for the retail component of the project to be close 10 to the street reinforcing the pedestrian shopping environment. The reduced front yard setback will encourage and maintain the existing retail continuity 11 along Carlsbad Village Drive adding to the shopping experience in the Village. The proposed setback is in line with the existing building to the east and west of the site along the 500 block of Carlsbad Village Drive. Furthermore, the 13 reduced standard will help to break up the mass of the building allowing other portions of the building to be setback further and stepped back at upper levels. 14 Second, the reduced standard will assist hi developing a project that meets the goals of the Village Redevelopment Area and is consistent with the land use 15 objectives for Land Use District 1 in that the proposed land use includes highly desirable ground floor retail space, restaurant space, and complimentary second story office use and residential units in the center of the Village commercial 17 district helping to stimulate property improvements and further new development in the Village. The commercial/retail component of the project will help to further establish Carlsbad Village as a quality shopping and living ig environment. Lastly, the reduced standard will assist hi creating a project design that is interesting, visually appealing and reinforces the Village character 20 of the area through setbacks that provide adequate space for landscaping and decorative paving at the ground floor allowing building recesses and relief along 21 the various building planes. The reduced standard will assist in creating greater architectural articulation adjacent to the street and will assist in the effort tor\r\ * make the building visually interesting and more appealing which is a primary 23 goal of the Village Design guidelines in reinforcing the Village character. Based on these findings, it is staffs position that the proposed project satisfies the 24 setback requirements set forth for Land Use District 1. 25 e. The findings required allowing an increase in the building coverage standard to -, a level above the minimum and within the standard range are as follows. The proposed building coverage is consistent with the building coverage for many of 27 the properties within the Village. The building coverage is at the middle of the range and close to the desired standard and will not have an impact on adjacent 28 uses. First, the proposed building coverage will not have an adverse impact on DRB RESO NO. 322 -3- surrounding properties as the building coverage will allow for the retail 2 component of the project to be close to the street reinforcing the pedestrian environment. Second, the proposed building coverage standard provides for the 3 intensification of development desired for the area and a building with a strong street presence, which assists in creating a project design that is appealing and is 4 consistent with the objectives for Land Use District 1. Third, the proposed building coverage will assist in creating a project design that is interesting and visually appealing and reinforces the Village character of the area through building coverage that provides adequate space for landscaped planter areas, decorative paving at the ground floor, an outdoor dining area and allows 7 building recesses and relief along the various building planes for architectural enhancement. Based on these findings, it is staffs position that the proposed ° building coverage is consistent with the desired standard. 9 f. The existing streets can accommodate the estimated ADTs and all required 10 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 11 been designed in relationship to the land use and available parking. Public facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best 13 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 14 g. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 17 h. The proposed project has been conditioned to comply with the Uniform Building 18 and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. 2Q i. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment 21 Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) 22 units. 23 3. The Design Review Board hereby finds that the appropriate residential density for the project 24 is RMH (8-15 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. Justification for the RMH General Plan density designation is as follows: 2" a. The density is compatible with the surrounding area, which contains a variety of uses including commercial and multi-family residential. Application of the RMH General Plan designation on the subject property would allow for future 28 DRB RESO NO. 322 -4- 1 medium-high density residential development, which is permitted in District 1, 2 and would be compatible with the mixture of surrounding uses. 3 b. The RMH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, 4 and affordability of housing units within this area of the Village. The medium- high density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master Plan. 7 c. The RMH General Plan density designation serves to satisfy the objectives of Land Use District 1 by increasing the number of residential units in close 8 proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). Medium-High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing 10 balance and help solve regional issues such as reduced traffic congestion and improved air quality. 11 4. The Design Review Board finds that the RMH residential density is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated 13 March 29,2007, including but not limited to the following: 14 a. Land Use - The project is consistent with the City's General Plan since the proposed density of 8.1 du/ac is within the density range of 8 -15 du/ac specified for the site as 15 indicated in the Land Use Element of the General Plan. The project's proposed density of 8.1 du/ac is slightly below the Growth Management Control Point density (11.5 du) used for the purpose of calculating the City's compliance with 17 Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated 18 toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. 2Q Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with 21 a unit capacity adequate to satisfy the City's share of the regional housing need. 22 b. Circulation - The project will take access off of Carlsbad Village Drive and is conditioned to provide all necessary street improvements. 24 c. Noise — The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Urban Crossroads 25 d. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) units. 28 DRB RESO NO. 322 -5- The project is consistent with the City-wide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to 3 ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to die project will be installed to serve new development prior to or concurrent with need. Specifically, 5 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 7 is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of 8 the Public Facilities Element of the General Plan have been met insofar as they aPPty to sewer service for this project. 10 b. All necessary public improvements have been provided or are required as conditions of approval. 11 c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation to provide school facilities. 13 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be 14 collected prior to the issuance of building permit. e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be j g collected prior to the issuance of building permit. 17 6. The project is consistent with the City's Landscape Manual. ^° 7. The Design Review Board has reviewed each of the exactions imposed on the Developer , o contained in this resolution, and hereby finds, in mis case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 20 of the exaction is in rough proportionality to the impact caused by the project. 21 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee 23 Program is contained in the following findings: 24 a. The project is consistent with the Carlsbad General Plan because it provides a mixed-use building in an appropriate location within the Village. The project ^ provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the 27 area. 28 DRB RESO NO. 322 -6- 1 2 b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides permitted retail, restaurant, and office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 6 Adequate parking is available within the Village to accommodate the project's 7 parking demands. Based on the most recent parking study dated in February of 2007, the average occupancy for all public parking lots is 81%. This utilization ° ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 10 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing 9 11 14 16 17 18 20 21 and Redevelopment Commission. 12 GENERAL CONDITIONS; 13 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 over time, if any such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit. and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 23 24 u development different from this approval, shall require an amendment to this approval. 26 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 27 4. If any condition, for construction of any public improvements or facilities, or the payment 28 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are DRB RESO NO. 322 -7- 1 4 7 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 12 13 14 17 provide school facilities.18 27 28 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 9 10 ., concluded and continues even if the Agency's approval is not validated. 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 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 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. 10. Approval is granted for Major Redevelopment Permit RP 06-03 as shown on Exhibits A-I, dated March 29,2007, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 11. This approval is granted subject to the approval of Coastal Development Permit (CDP 19 20 21 22 23 24 ii 06-09) and is subject to all conditions contained in Design Review Board Resolution No. 323 for those other approvals incorporated herein by reference. 26 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. DRB RESO NO. 322 -8- 13. Building permits will not be issued for the project unless the local agency providing water 2 and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of 3 the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 4 HOUSING CONDITIONS; 5 14. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space 7 condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. LANDSCAPE CONDITIONS: 10 15. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a 13 healthy and thriving condition, free from weeds, trash, and debris. 14 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the * ^ project's building, improvement, and grading plans. 16 17. Developer shall pay a landscape plan check and inspection fee as required by Section 17 20.08.050 of the Carlsbad Municipal Code. 18 MISCELLANEOUS CONDITIONS; 19 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 20 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 21 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 23 approval will not be consistent with the General Plan and shall become void. 24 19. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Redevelopment. 27 20. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and 28 recreational facilities. DRB RESO NO. 322 -9- 1 2 NOTICING CONDITIONS; 3 21. 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 4 of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution No. 322 on the real property owned by the Developer. Said Notice 6 of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 7 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 9 successor in interest. 10 QN-SITE CONDITIONS; 1 * 22. The developer shall construct trash receptacle and recycling areas as shown on the site 12 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 13 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment 14 Director. 23. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 16 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter 17 comply with the approved plan. 1 O 24. The developer shall submit and obtain Housing & Redevelopment Director approval of 19 an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20 25. 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. 23 26. Prior to issuance of the building permit, the Developer shall enter into a Parking In- 24 Ljeu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 63 parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces 26 needed to satisfy the commercial/retail component of the project's parking requirement (63 spaces total). The Executive Director of the Carlsbad 27 Redevelopment Agency is authorized to prepare and execute the subject Parking-In- Lieu Fee Participation Agreement on behalf of the Agency & Commission, subject to approval of the City Attorney serving as Legal Counsel to the Agency and DRB RESO NO. 322 -10- Commission. 2 27. The project shall have a master cable television hookup. Individual antennas shall 3 not be permitted. 28. There shall be separate utility systems for each unit. 5 ENGINEERING CONDITIONS; 6 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Redevelopment Permit (RP), must be met prior to approval of a g grading or building permit, which ever occurs first. 9 General 29. Prior to the issuance of a grading permit or building permit(s), which ever occurs first, the developer shall complete processing of a lot line adjustment between to consolidate ., Parcels A, B & C as shown on the development site plan. 12 30. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer 13 for the proposed haul route. 14 31. Unless specifically allowed, no variance from City Standards is authorized by virtue 15 of approval of this development site plan. 16 32. 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 private improvements including, but not limited to permanent post-construction BMP(s) 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 19 subdivision. 20 Fees/Aereements 33. Developer shall cause property owner to process, execute and submit to the City Engineer 21 for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 22 34. Developer shall cause property owner to execute and submit to the City Engineer for 23 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property and flows to be pumped to the Public Right- 24 of-Way of Roosevelt Street. 25 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation a City standard Best Management Practice (BMP) Maintenance Agreement for the perpetual maintenance of all treatment control and applicable 27 site design and source control, post-construction permanent BMP's prior to the issuance of a grading permit, building permit or recordation of a map, whichever occurs first for this Project. DRB RESO NO. 322 -11- Grading 2 36. This project may require off site grading for the construction of proposed foundations adjacent to the property lines. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains records and submits a recorded copy to the City Engineer a grading or slope easement, or executed agreement from the owners of the affected properties. If Developer is unable to obtain the recorded grading or slope 5 easement, or agreement, no grading permit will be issued, hi that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading 6 will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. g 37. Based upon a review of the proposed grading and the grading quantities shown on the development site plan, a grading permit for this project is required according to Chapter 9 15.16 of the Carlsbad Municipal Code. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 38. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed 12 pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to the maximum extent 13 practicable (MEP) prior to discharge from the property. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 15 a. All owners arid tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 17 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, 8 solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water 19 conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 39. Prior to the issuance of grading permit or building permit, whichever occurs first, 23 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)" report, prepared by a civil engineer with current registration in the state of California. The SWMP shall demonstrate compliance with the City of Carlsbad Standard 25 Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board (RWQCB) and City of 26 Carlsbad Municipal Code, or any subsequent revisions as adopted by the City or RWQCB. The SWMP shall include measures to avoid contact, filter, or otherwise treat said pollutants from storm water, to the maximum extent practicable, for the post- 28 construction stage of the project in perpetuity. At a minimum, the SWMP shall: DRB RESO NO. 322 -12- a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend site design, source control and treatment control Best Management Practices (BMP's) that will be implemented with this project to avoid contact, filter, 5 or otherwise treat said pollutants from storm water to the maximum extent practicable before discharging offsite; 6 d. establish specific operation and maintenance procedures for for all applicable site design, source control and treatment control BMP's in addition to handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; e. propose a city approved mechanism to ensure long-term maintenance of all post construction BMP's that includes maintenance and operation records that are required to be maintained for a minimum of five (5) consecutive years, in perpetuity; and 11 f. identify how post-development runoff rates and velocities from the site will not 12 exceed the pre-development runoff rates and velocities to the maximum extent practicable. Dedications/Improvements14 ~ 40. Additional drainage easements may be required. Developer shall dedicate and provide or 15 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit.16 41. Prior to issuance of building permits Developer shall restore sidewalks along all public streets abutting the development site in conformance with City of Carlsbad Standards in 18 areas disturbed by proposed improvements. 42. Prior to building permit Developer shall replace the existing electrical box lid within -~ the sidewalk along the southeast project frontage on Roosevelt Street to current standards, with a slip resistant lid to the satisfaction of the City Engineer. 21 43. Based upon a review of the proposed improvements on the development site plan, a 22 Right-of-Way (ROW) permit for this project is required for the installation of 2 sidewalk under drains and sidewalk restoration. Developer shall apply for and obtain a ROW permit from the City Engineer prior to issuance of a building permit. 24 Utilities 25 44. The Developer shall provide separate potable water meters for each separately owned unit. The locations of said services shall be reflected on public improvement plans. 26 45. Prior to approval of improvement plans , Developer shall meet with the Fire Marshal to 2' determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be DRB RESO NO. 322 -13- 1 considered public improvements and shall be served by public water mains to the 2 satisfaction of the District Engineer. 3 46. 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 4 determined that adequate water and sewer facilities are available at the time of occupancy. A note to mis effect shall be placed on the site plan. 5 47. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the development site plan to the satisfaction of the 7 District Engineer. 8 48. Note(s) to the following effect(s) shall be placed as non-mapping data: 9 All improvements are privately owned and are to be privately maintained with the exception of the following: 10 a. Public storm drain 11 b. Sidewalk 12 49. The owner of this property on behalf of itself and all of its successors in interest has 13 agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and 14 subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 16 50. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 17 Special Conditions 18 51. This approval is based upon the understanding that subdivision of the subject property is not planned or anticipated. Should the property be subsequently 19 subdivided and made available for separate ownership, Developer shall install 2Q separate water services and meters for each unit available for separate ownership, subject to the approval of the City Engineer. 21 52. Prior to building permit Developer shall replace the existing electrical box lid within 22 tne sidewalk along the southerly project frontage on Roosevelt Street to current standards, with a slip resistant lid to the satisfaction of the City Engineer. 24 53. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the development site plan are for planning purposes only. Developer shall pay traffic 25 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively.26 Code Reminder 54. Developer shall comply with all applicable provisions of federal, state, and local laws and 28 regulations in effect at the time building permits are issued, including but not limited to DRB RESO NO. 322 -14- 1 the following: 2 || a. All Development within Local Facilities Management Plan (LFMP) Zone 1 shall conform to the provisions of Section 21.90 of the City of Carlsbad Municipal Code and to all applicable provisions of the LFMP. b. Developer shall exercise special care during the construction phase of this project to II prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of 6 the City Engineer. 7 FTRE CONDITIONS; 8 55. The proposed under story parking garage shall be sprinkled. 9 56. Fire Department approved key entry systems shall be provided at all points of entry *" into the building from the public right of way. 57. Addressing scheme shall be approved by Building and Fire Department. 12 58. Fire sprinkler protections shall include all combustible space, NFPA 13 Standard. 13 STANDARD CODE REMINDERS;14 15 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 16 Fees17 R 59. 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. 19 60. The developer shall pay a landscape plan check and inspection fee as required by Section 20 20.080.050 of the Carlsbad Municipal Code. 21 General 22 61. Approval of this request shall not excuse compliance with all applicable sections of the 23 Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otherwise specifically provided herein. 24 _- 62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 26 63. Any signs proposed for this development shall at a minimum be designed in conformance 27 with the approved plans and the sign criteria contained in the Village 28 DRB RESO NO. 322 -15- Redevelopment Master Plan and Design Manual and shall require review and approval 2 of the Housing & Redevelopment Director prior to installation of such signs. 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 322 -16- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 3 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."4 5 You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of 14 the City of Carlsbad, California, held on the 29th day of March, 2007 by the following vote to 15 wit: 16 AYES: 17 NOES: 18 ABSENT: 19 ABSTAIN: 20 21 22 , CHAIRPERSON DESIGN REVIEW BOARD 23 ATTEST: 24 25 26 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR 27" 28 DRB RESO NO. 322 -17- ATTACHMENT "A" LEGAL DESCRIPTION APN 203-292-15.16.17. & 19 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Parcel A: Lot 28 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Parcel B: Lot 29 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Parcel C: Those portions of Lots 30, 31 and 32, In Block 34, In the Town of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888, described as follows: Beginning at the Southwest corner of said Lot 32, running thence Northwesterly along the Southwesterly boundary line of said Lots 32, 31 and 30, a distance of 75 feet to a point of intersection with the Northwesterly boundary line of said Lot 30; thence Northeasterly along said Northwesterly boundary line a distance of 50 feet; thence Southeasterly along a line parallel with and 50 feet Northeasterly from said Southwesterly boundary line of said Lots 32, 31 and 30, a distance of 75 feet to a point in the Southeasterly boundary line of said Lot 32; thence Southwesterly along said boundary line which is also the Northwesterly line of Elm Avenue, a distance of 50 feet to the point of the beginning. APN: 203-292-15-00, 203-292-16-00, 203-292-17-00 and 203-292-19-00 1 3 7 9 10 12 13 14 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 323 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 06-09 TO ALLOW 4 II THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 2,410 SQUARE FEET OF RETAIL SPACE, 1,670 SQUARE FEET OF RESTAURANT SPACE, 6,502 SQUARE FEET OF OFFICE SPACE, AND TWO (2) APARTMENT UNITS ON THE PROPERTY LOCATED AT 560 AND 562 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE1. CASE NAME: ROOSEVELT CENTER APN: 203-292-15, 16, 17, & 19 CASE NO.: CDP 06-09 ___ WHEREAS, Richard and Richard Construction, "Applicant", has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Tom Hurley, "Owner", described as Assessor Parcel Numbers 203-292-15,16,17, & 19, and more thoroughly described in Attachment A, ("the Property"); and 15 Development Permit as shown on Exhibits "A-l" dated March 29, 2007, on file in the Housing WHEREAS, said verified application constitutes a request for a Coastal 16 and Redevelopment Department, "Roosevelt Center RP 06-03/CDP 06-09" as provided by 18 Chapter 21.81.040 of the Carlsbad Municipal Code; and 19 WHEREAS, the Design Review Board did, on the 29 day of March 2007, hold a 20 duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Board considered all factors _4 relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Board RECOMMENDS APPROVAL of Roosevelt Center CDP 06-09 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Carlsbad Village Area . Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the City of 4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that the development does not obstruct views or otherwise damage the visual beauty 5 of the coastal zone, and no agricultural activities, sensitive resources, geological instability exist on the site. 6 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 7 of the Coastal Act in that the development will not alter physical or visual access to the shore. 8 3. The project is consistent with the provisions of the Coastal Resource Protection 9 Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist within the proposed construction area, all grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible I j to accelerated erosion, floods, or liquefaction. 12 Conditions: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 14 1. if any of the following conditions fail to occur; or if they are, by their terms, to be 15 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the 16 rjght 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 of17 occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for18 their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Coastal Development Permit. 2Q 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as 2i necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 23 3. The Developer shall submit to the Housing and Redevelopment Department a 24 reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the conditions approved by the final decision making body. 25 4. This approval is granted subject to the approval of RP 06-03 and is subject to all 26 conditions contained in Design Review Board Resolutions No. 322 for those other approvals and incorporated by reference herein. 5. The applicant shall apply for and be issued building permits for this project within twenty- four (24) months of approval or this coastal development permit will expire unless extended per Section 21.81.160 of the Carlsbad Municipal Code. DRB RESO NO. 323 -2- 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 7. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit 7 discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to 8 sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development 9 permit. 10 11 12 13 14 1-5 16 17 18 19 20 21 22| 23 24 25 26 27 28 DRB RESO NO. 323 -3- 1 3 5 6 7 8 9 10 14 15 24 25 26 27 28 NOTICE o 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. 4"You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design ,, Review Board of the City of Carlsbad, California, held on the 29th day of March, 2007, by the following vote, to wit: AYES: 16 NOES: 17 18 19 20 „ ATTEST:21 22 ABSENT: ABSTAIN: , CHAIRPERSON DESIGN REVIEW BOARD DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 323 -4- ATTACHMENT "A" LEGAL DESCRIPTION APN 203-292-15.16.17. & 19 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Parcel A: Lot 28 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2,1888. Parcel B: Lot 29 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Parcel C: Those portions of Lots 30, 31 and 32, In Block 34, In the Town of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888, described as follows: Beginning at the Southwest corner of said Lot 32, running thence Northwesterly along the Southwesterly boundary line of said Lots 32, 31 and 30, a distance of 75 feet to a point of intersection with the Northwesterly boundary line of said Lot 30; thence Northeasterly along said Northwesterly boundary line a distance of 50 feet; thence Southeasterly along a line parallel with and 50 feet Northeasterly from said Southwesterly boundary line of said Lots 32, 31 and 30, a distance of 75 feet to a point in the Southeasterly boundary line of said Lot 32; thence Southwesterly along said boundary line which is also the Northwesterly line of Elm Avenue, a distance of 50 feet to the point of the beginning. APN: 203-292-15-00, 203-292-16-00, 203-292-17-00 and 203-292-19-00 * I SITE ROOSEVELT CENTER RP 06-03/CDP 06-09 o £ ft> **» ts SH"" go I 3 % A CO i—l I/I o-1/1 VO 03 ftCO I CO OV CO 9s CO oCO CO s CO orofO I 8oo?6 vo 'otrasitivo 3AIUO 3OVTIIA OPSSIHVO Z9S-09S Illl'i!! iElhliHihffia 800Z6 TO '3Aiua aorniA OVBSWVO zas-oas 1/aAesoou 1 800Z6 vo 'avaswvo \ 3AIUO 39VTIIA OVTSS1HVO Z9S-09SJ "If II .9-.SI j K3 0 ANOOTV8 800Z6 VO 'Cvaa law RL , ; '3AJUO 30VTIM OVSSlaVO Z9S-O9S tel i'l, 800Z6 VO 'OV8S1HVOa/iiao aovniA avssinvo Z9S-09S Q t «! I* g Booze vo '3Aiua 39VTMA ovasiavo zas-oas ill 1 LLJCO in H , 1 } 4 S S i Ilimill lllllll 1 ! ii 1ihl.ri!! Mill \ ! fij hlijiiiHiihi iittli i! *«.!iiii isi§H»iliii 1>ilia*iilHifAA42|uun DESIGN REVIEW BOARD DRAFT MINUTES DATED MARCH 29, 2007 Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: MARCH 29, 2007 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Acting Chairperson Lawson called the Meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE Acting Chairperson Lawson asked Board Member Baker 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 Frank Whitton Acting Chairperson: Tony Lawson Absent: Michael Schumacher Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Assistant City Attorney: Jane Mobaldi Engineering: Chris Scobba APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the February 26, 2007, 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 on a project referred to as Roosevelt Center. Mr. Cliff Jones, Assistant Planner in the Housing and Redevelopment Department will make the presentation assisted by Chris Scobba from our Engineering Department. Mr. Jones said the applicant, Richard and Richard Construction, is requesting a major redevelopment permit and a coastal development permit for the construction of a mixed-use development consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space and two apartment units on the property located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment area. The subject property is located near the corner of Carlsbad Village Drive and Roosevelt Street. The subject property has an L-shape and has frontage along both Carlsbad Village Drive and Roosevelt Street. The subject property consists of a one-story commercial building visible from Carlsbad Village Drive and related parking that is visible from Roosevelt Street. The project is bordered by a single-story commercial building to the east; a single-story commercial retail building exists across the alley to the west; to the north the property abuts a one-story office building; and the properties across Carlsbad Village Drive to the south are primarily restaurant, retail and office uses. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 2 of 10 The applicant is requesting to construct a three-story mixed use development property totaling 23,000 square feet. Retail space totaling 2,410 square feet is proposed on the ground floor fronting Carlsbad Village Drive. A 1,670 square foot restaurant is proposed along the Roosevelt Street frontage, 6,502 square feet of office space is proposed on the second floor of the building, and two apartment units are proposed on the third floor of the building. Parking for the apartment units is provided on site through the use of two two-car garages and one guest space with access coming off of Carlsbad Village Drive. The applicant is requesting participation in the Parking In-Lieu Fee Program for the remaining required parking. Mixed use projects are classified as permitted uses within Land Use District 1. Permitted uses are defined as those which are permitted by right because they are considered to be consistent with the vision and goals established for the village. The Master Plan requires the ground floor of all mixed use projects to be devoted to visitor-serving commercial uses. Since retail and restaurant uses are proposed on the ground floor of the site, the project does comply with this requirement. The proposed mixed-use project meets the goals and objectives of the Village Master Plan by providing a desirable use, serving as a catalyst for future development, providing development of an underutilized lot, attracting additional visitor serving commercial uses, increasing pedestrian circulation in the Village, and increasing the number of quality and diverse housing types. The proposed project meets all the required development standards outlined within the Village Master Plan. The project provides for 34.5% of open space, a building coverage of 71 % of the site, a maximum building height of 39 feet over the northwestern portion of the building that is located over the residential parking, a height of 28.5 feet for the remainder of the building, and the project provides five resident parking spaces through individual two-car garages and one covered guest parking space as required. The applicant has requested approval for participation in the Parking In-Lieu Fee Program for all 63 required spaces for the commercial uses. The applicant does qualify for all 63 required retail, restaurant, and office use spaces to be provided off-site through participation in the Parking In-Lieu Fee Program. As a condition of project approval, the developer shall be required to enter into a Parking In-Lieu Fee Agreement prior to the issuance of building permits. At the current fee of $11,240 per required space, the developer will be required to pay a total of $708,120 for participation. The necessary findings for approving participation in the Parking In-Lieu Fee Program are included in the Design Review Board Staff Report. The project does fall within the required setbacks. The project was found to be consistent with the design principles outlined within the Village Design Manual as well. The project incorporates several design features to achieve the desired Village character including: • Varied roof heights and roof pitches; • Tile roofing with a wood shake appearance; • Decorative rock work along lower levels of the building; • Multi-paned windows; • Ornamental half timbering is used; • Private balconies are available for the residences; • Various building recesses; • The building also incorporates a restaurant use with an outdoor dining area towards the street; • Decorative low lying walls are proposed; and • Decorative wrought iron is used throughout the project. As part of the project design, the project also provides for attractive landscaping along the pedestrian oriented sides of the building. And through participation in the Parking In-Lieu Fee Program, parking is visually subordinate. The project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA guidelines as an infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board Resolution. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 3 of 10 The proposed project is anticipated to have a positive financial impact on the City and the Agency. Redevelopment of the site will result in increased property taxes, which will result in an increased tax increment to the agency. Additionally the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings. In conclusion, staff is recommending approval of the project with findings for participation in the Parking In- Lieu Fee Program. Development of the site will have a positive fiscal impact on both the City and the Agency and will assist in fulfilling the goals and objectives of the Village Master Plan. Board Member Baker asked to look at one of the elevations of the south. It is hard to tell from the picture, but will the building be the same setback as the existing buildings that are there? Mr. Jones said the site plan shows it. Board Member Baker said she thought it showed it was the same. Mr. Jones said there is actually a two foot difference. Board Member Baker commented then it is two feet further back. Mr. Jones said yes it is two feet further back. The property to the east is right at the property line. Board Member Baker said she doesn't have any problem with that, but the ground floor retail I am a little concerned that it is going to be far enough back and with the mullion windows, it will be difficult for people to see what is in the windows. Especially in light of listening to Kennedy Smith yesterday about windows changing and that kind of thing, it concerns me a little bit that the retail will not have as much street presence as it should. I am questioning if we could take the mullions out or be careful about what landscaping will go in those planters. I am sure the tenants of that building will want to be on top of that as well. Mr. Jones said the Board can condition the removal of the mullions, particularly on the ground floor would be agreeable, the upper levels we try to encourage in order to incorporate the tudor design. Board Member Baker said in general, she does not like mullion windows. I just want to make sure that those tenants would be able to display their wares and change their windows and do the kinds of things we just spent yesterday afternoon listening to for a long time as being something we need to do in the Village. Mr. Jones said that could be made as part of the project approval. Board Member Whitton wanted to add to what Board Member Baker said; he already had a discussion about those planters out in front. You will either have to be very careful of that or remove them because when they overgrow the planter box, they are going to cause people to stand farther away and hamper them from looking in the window to see what the merchandise is. I think it is very attractive, but I don't think it is very conducive to pedestrian traffic shopping. Chairperson Lawson commented that Mr. Jones mentioned some of the positive findings and the positive financial impacts and findings that you had referenced. I am wondering would it not also be a positive that we are looking at a large sum of money for the Parking In-Lieu Fee Program that will work towards contributing towards some more permanent parking structures and other things. It seems like that should be noted as a plus. On one hand, it seems we get a lot of grief for allowing people to do it, but now here when we have one that is contributing a good sizeable amount of money, now we start to have the funds to be able to actually make something happen as compared to one parking space here and one parking space there. Am I missing something on that? Mr. Jones said he is correct. The money will be deposited into an earmarked interest-bearing account. There will be another financial gain that wasn't noted earlier. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 4 of 10 Chairperson Lawson said from an overall site plan and looking at the floor plans, I don't know if you have the third-floor residential units. I noticed on the plans there are two aspects I would like to get some clarification on. One, what is the path by which visitors would go to the residents, and how will that circulate through the site? Also, while I like the plans, I have a concern with the two living rooms having back to back the same common wall, which is where the fire places are and what looked like entertainment center walls. I want to make sure there is proper sound attenuation, and I'm sure we can talk to the builder about that. Was there any discussion on either of those items and can you comment on either? Mr. Jones answered he can elaborate on the two points of entry for residences. There is access through the garages to an elevator that is contained within the site the residents will have access to. Also, there is an access point off of Roosevelt Street that can be utilized through gates. Chairperson Lawson asked if the guests would go up the stairs or is there a separate entrance? I am concerned about potential conflicts with the second-floor offices. Mr. Jones said it would be staffs assumption the guests can utilize either entryway. However, the applicant can probably provide a little more information as to if there are certain hours for the elevator and how they intend to use that elevator. Chairperson Lawson said just looking at the plan, I like what I see, but my concern is that the landscape plan itself that is part of the package suggests trees that are very dense for that space and I would like to address to the applicant when he comes up, what is suggested on the actual landscape plan would make that space darker and colder being on the east side of the building. I would like to make sure they don't end up putting in fichus trees in there. That would be the wrong plant for that location. Mr. Jones noted that staff did have a discussion about the trees in the courtyard area. The elevation that is shown currently shows palm trees. However, after discussing with our landscape consultant, we thought it would be a better idea to have a canopy tree that fits in with the character on Roosevelt Street, which already has a number of canopy trees. The specific tree they chose is more of a canopy tree, but perhaps it provides too much of a canopy. Chairperson Lawson said they just get a little extra dense. I do have some credentials in that area. Board Member Hamilton asked if anybody has ever paid that much money for the Parking In-Lieu Fee Program. Mr. Jones answered the largest deposit that we have had up to this point was a project on State Street in between Grand Avenue and Carlsbad Village Drive where they requested participation for a maximum of 23 spaces. This will be the newest largest deposit we have received in the interest-bearing account. The applicant, Gary Steward, is the architect for Richard and Richard Construction. The planters in front of the building were put in to soften that elevation and to create more of a window scene. We want to create a place where people will stop, sit down and enjoy themselves. We were thinking about maybe an ice cream shop. We wanted to create some interest to keep people to stop, but also to soften the front and not just have a stark front that continues down the block that is hard and cold. We have added the visitor spot and it has direct access to the elevator. There is also a secured stairway. The majority of the people will park across the street because that is where the majority of the parking is. We don't want a lot of people wandering up to the offices, but they can come up the stairs without even going in front of the offices. As far as the walls between the units, we agree we need to do a double wall and sound attenuation. We do need to continue forward with our design. Right now it is a conceptual design. Board Member Baker asked Mr. Steward if he has a restaurant on that side, how the restaurant is ventilated so the people living in the apartments are not overwhelmed with food smells. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 5 of 10 Mr. Steward said that question was brought up in their review. We've created several chimneys and some are fake, which will serve as vents to get smells up and out. Board Member Baker asked Mr. Steward if he had experience with or visited other similar kinds of sites like this that are functioning to see if they are working properly. I just want to have more information on whether they actually work. Mr. Steward said every project is different. We have done this type of project in the past, not to this extent because this is a new type of architecture. Usually we don't do a lot of Danish type architecture. This is a dense mixed use. To tell you the truth, I haven't had a lot of knowledge with that. We know technically it should work that way, but I don't have an existing one that I've done before that is that way. Board Member Whitton said his question was the same on the venting of the fumes from the kitchen. I am wondering even with the chimney stacks or those vents being up there, when the wind comes along it isn't going to sweep them down into the area above the restaurant, which I assume is going to be an open patio area on the rooftop. Mr. Steward said we've tried to create a nice rooftop area for the residents and gave them an outdoor barbeque and created some planting up there. I see your point. Board Member Whitton said he is concerned about the smell whiffing back up to the apartments and to the people and on the people who may be trying to enjoy the patio. Board Member Baker said the wind mostly blows from west to east here so maybe it won't be a problem very often. Mr. Steward said we will fully address that. We know that the separation for air and from the exhaust is 30 feet from any windows and we have tried to do that. Chairperson Lawson said relative to the process this has to go through review and a food service review. I think there are some checks and balances through the process where things like that will probably be looked at a little bit further. Mr. Steward said that is absolutely right. It does have to go through the Building Department. It also has to go through the Health Department because of the kitchen. It will go through the Water as well as Sewer to make sure we have the grease traps and everything else is per code. There are plenty of checks and balances, but we will take your recommendation and look into that further. Board Member Whitton said he doesn't often get involved in the interior of apartments or homes, but I notice this is going to be on a third floor and underneath we have office spaces. I am suggesting that you might consider in the wash room area, the utility room area, that a drain be put in the floor so in case there is overflow from the washing machines, it goes into a sewage pipe as opposed to leaking through the floor to the offices downstairs. Mr. Steward said that is in the Uniform Plumbing Code as well. When you are on the second floor or the third floor, it is required to have that. We haven't gotten that detailed yet in our drawings. All of the restrooms will be required to have overflow drains as well as the laundry. Board Member Whitton asked on the wood trim on the outside, is that going to be somewhat resistant to the weather and therefore warping? Mr. Steward said it will be sealed wood. It will be real wood, yes. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 6 of 10 Board Member Whitton asked about the access in the office area up into the apartment area, I understand the pedestrians can take the stairs up to the office area, which is fine, but is there anyway to secure that area for the people who live in the apartments so they can't go beyond the second floor unless they are invited? Mr. Steward said they discussed that with staff as well. There is a large transient problem downtown, and we have talked about gates. As well as downstairs securing that visitor's space at night, that will be gated off and there will be a card access or some type of code access to get in. We can also do the same thing with the gates. If you go inside that retail area in the front where the water fountain is, there is a stairway that leads all the way up as well. That will also have a security door on it. Board Member Whitton said he is just concerned about the access to the apartments during the day and the evening. Mr. Steward said they will all be security doors. Chairperson Lawson asked Mr. Steward what is his thought on the specifics of the roofing material. Because when I look at the east elevation, you could envision more of a tile. If you look on the south elevation, it almost looks like a shake style roof. What is the expectation for the roof tile? Mr. Steward said their goal is to make it look like the old wood shake, but it is a concrete tile. It is fire rated, a class A roof. Our goal is to keep the look but modernize it with the concrete tiles. Chairperson Lawson said when you have something that has a nice look like what you have presented to us, little things like thin roof tiles can take away. I hope you have nice dimensioned concrete tile that give us that nice look. Mr. Steward said we want the shadow of the tile that gives that relief of a heavy shake without being a heavy wood shake. Board Member Hamilton asked if Mr. Steward would live in those units. Mr. Steward asked, would I? Sure. I think it is a great opportunity for people to live downtown. They could actually live and work in the same place if they worked in the retail or in the office space. It gives them the opportunity to live right above it. I think it has some great ocean views. If you look at the way we've positioned the balconies and the rooms, we tried to do our best to get that look towards the ocean. Ms. Nancy Faith, owner of Shear Magic, which is located at 574 Carlsbad Village Drive. As an adjacent business owner to this project proposed, I would like to request you impose some conditions upon this developer during the construction phase of the project. My concerns are as follows: 1. The amount of dust and debris which will be generated during demolition, grading and construction; 2. The loudness of any noise generated during this phase; 3. The hours when the work will be allowed; 4. The visibility of the work (perhaps some type of a screen could be installed); and 5. The anticipated length of time from the initial demolition to the completion of the project. Board Member Baker said she appreciates her concern about this, but what did she have in mind about the amount of dust and debris. What is there is there. It has to be taken down and removed. I am just curious what you are talking about. Ms. Faith said she is not sure how they are going to do it or how they are going to operate. I am just wondering what they are going to do to calm everything down for the businesses in the area. Board Member Baker asked Ms. Faith if she means a control on how much debris there will be. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 7 of 10 Ms. Faith said no. My business is very close to this. I am not trying to control it. I just want to know what to expect. Board Member Baker suggested the best thing would be for her to work with the applicant and work out those kinds of things. We can't control how much debris there is that needs to be removed from the site. What is there will have to be taken down and removed. Ms. Faith said her wall of her business is right against the wall. I can see my mirrors shattering. Board Member Hamilton mentioned that Mr. Jones works right next door. If it gets out of hand, you can speak to him. Rick Walsey with Richard and Richard Construction would like to let Ms. Faith know they will try to do their best. They will try to be user friendly. We are contractors and we do create our share of noise and dust and debris. We try to approach it by getting to know the neighboring community, give out our cards and let people know when there are problems, let us know. I am the owner of the company and I would like them to call me directly. We will try to do our very best. We have a process where we will haul off materials as it is generated, which will help in a congested area. We have to follow the B&P's, we have to follow the noise regulations, and we have to follow the hours of operation that the City does impose on us. They already do have constraints on us as contractors, which is a good thing. Chairperson Lawson said he would assume that relative to the timing she was referring to, your goal is to get in and out of there as quick as possible. I don't think there is any cause on your end to try and prolong the inconvenience she may experience. Mr. Walsey said that is correct. Board Member Baker asked Mr. Jones what the traffic situation will be. Will Carlsbad Village Drive be closed or rerouted at any time for trucks hauling debris or delivering construction materials? Especially if it is rush hour or if it is Christmas or if is particularly busy times, I would want to make sure we are sensitive to the rest of the village and the shoppers and the people in town. Mr. Chris Scobba from Engineering answered as far as the demolition goes, I'm sure they are going to have large containers below the buildings they are going to off-load all of the demolition material and then it will be trucked out when it is full. For material deliveries, there will probably be opportunities in the alley or there is parking adjacent to the building on the other side of the alley. I wouldn't think they would be doing deliveries on Carlsbad Village Drive. Roosevelt might be a better option for deliveries. Board Member Baker said from her experience on the Planning Commission, I was thinking about some of the issues we had with roads being closed around Christmas time. I wonder if we could make a condition or do something so we don't run into those kinds of problems. Jane Mobaldi, Assistant City Attorney, said she believes they have to get a haul route permit. They have a proposed haul route and then that is approved by the City Engineer so they will be looking at all of that. I am sure they will be looking at the timing and the impact. Board Member Baker said just as a warning; if the City Engineer does look at that, please make sure it is not going to be an inconvenience. I know it will be an inconvenience and they will try to do the best they can. I am not trying to cause them a heartache. Mr. Scobba said this project probably wouldn't have necessarily a haul route permit. That is usually associated with earth work. The earth work on this is minimal, and I am assuming Waste Management Company will pick up the waste containers and take them off. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 8 of 10 Board Member Whitton said it would seem to him a more accessible route for ingress and egress would be off of Roosevelt Street. To cut down on any congestion on Carlsbad Village Drive for the debris to be hauled out and the materials to be hauled in, I would think Roosevelt Street would be better access. Chairperson Lawson asked Mr. Jones if it would be fair to assume that all of the adjacent business owners have been noticed and they have been addressed. While we only have one person that has chosen to come here this evening, have there been any other comments or concerns that might have been voiced by any of the other tenants or property owners that we might want to take note of? Mr. Jones said all of the property owners have been noticed within a 600 foot radius. Because we are in the coastal zone, all 100 foot occupants were noticed as well. We did have a similar concern to what Ms. Faith had mentioned previously from the owner of the business at the corner also concerned about the construction occurring and some of the affects based upon the construction. I'm not sure if she came this evening or not, but I believe with talking with her the ultimate conclusion was that she was excited the project was coming in. I think she would just rather see it there right away and not have any impact on her business. Chairperson Lawson asked about the business, Black Whale Lighting. Is there any indication as to where they will relocate? Mr. Jones said they haven't indicated to him. The applicant is here and he might be able to elaborate as to what they intend to do in the future. They are well aware of the project, but I'm not sure what their plans are for the future. Chairperson Lawson said it is irrelevant to our decision. It is more of a side note curiosity. Board Member Baker moved that the Design Review Board adopt Design Review Board Resolution 322 recommending approval of RP 06-03 and adopt Design Review Board Resolution 323 recommending approval of CDP 06-09 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. Board Member Hamilton seconded the motion. Board Member Whitton said he is a hundred percent for the project. It is a very attractive looking building, and obviously they have taken care of some of the concerns we have expressed. I look forward to the project. I am just a little concerned about what businesses will be going in there. I hope they are appropriate for the location because it is a great location. The applicant said he has already considered some of the things I said like the drainage in the floors and things of that nature. Board Member Hamilton said he lives close to this project. This is the type of project the whole Design Review Board should support. It incorporates a lot of different aspects, and in that specific area it will breathe a little life into that area. Hopefully they can get it done sooner rather than later. Board Member Baker said she also supports the project. I think it will be a great addition to downtown Carlsbad. I look forward to it. I think it incorporates a lot of things we have been trying to accomplish; housing, office, retail, and restaurant all in one package. I look forward to more choices of restaurants in downtown Carlsbad. As long as you take the mullions out of the retail windows, because we want to make sure those people survive and thrive, which will bring more people to downtown. I am in favor of the project. Chairperson Lawson said with respect to the mullion issue, do we need to make anything clearer as to preference on that subject? Ms. Fountain asked Mr. Jones if the plans show the mullions were taken out or do we need to add that as a condition? Mr. Jones said it is a discussion staff did have. The color rendering is actually inappropriately reflecting the actual case. They were removed. ..M DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 9 of 10 Board Member Baker said she sees the architect is nodding his head. Chairperson Lawson said he echoes his fellow Board members opinion of this project. Over the years, we have seen only but a few that hit at the epitome of redevelopment. I think this is a fabulous move in that direction. I have to applaud both the applicant and staff on a great job at pulling this together. I hope it will send the proper kind of signals to other potential builders and developers for infill areas. I do believe there will be some bit of concern about the $700,000 worth of in-lieu fees that have to be paid, but once that is overcome, I think it proves how we can get these types of urban infill projects done and I applaud everyone who has been party to bringing this to this point. VOTE: 4-0 AYES: Baker, Hamilton, Lawson, and Whitton NOES: None ABSTAIN: None ABSENT: Schumacher DIRECTOR'S REPORT Ms. Fountain said the next item on the agenda is the election of Chairperson and Vice-Chairperson. Chairperson Lawson commented that he tried to reach Michael Schumacher earlier this week and was not able to track him down. I would be more than honored to continue in this capacity. Would anyone care to make any kind of suggestion? Board Member Baker said since Chairperson Lawson is willing to continue, I am happy to nominate Tony Lawson as Chairperson of the Design Review Board. Board Member Whitton seconded that nomination. VOTE: 4-0 AYES: Baker, Hamilton, Lawson, and Whitton NOES: None ABSTAIN: None ABSENT: Schumacher Chairperson Lawson said for the Vice-Chairperson, I would be honored if Board Member Baker would accept that position. I would like to nominate Julie Baker for the Vice-Chairperson position. Board Member Whitton seconded the nomination of Julie Baker for Vice-Chairperson. VOTE: 4-0 AYES: Baker, Hamilton, Lawson, and Whitton NOES: None ABSTAIN: None ABSENT: Schumacher Ms. Fountain said she did not have anything else tonight. Board Member Baker asked if we would be meeting in April. Ms. Fountain said we do not have anything ready for April. Board Member Whitton asked if there will be a meeting in May. DESIGN REVIEW BOARD MINUTES MARCH 29, 2007 PAGE 10 of 10 Ms. Fountain said she should make an announcement. This is the last meeting for Cliff Jones for Design Review Board. He has accepted a position with the City of San Clemente, and his last day will be April 11T. He officially begins with the City of San Clemente on April 16th. ADJOURNMENT By proper motion, the Special Meeting of March 29, 2007, was adjourned at 7:05 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk PARKING IN-LIEU FEE AGREEMENT RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING EV-HEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this // " day of <^Wjgx-^ 2007, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, "a body corporate and politic (hereinafter referred to as the "Commission"), and Thomas J. Hurley & Richard A. Woolsley, property owners, (hereinafter referred to as the "Program Participants"), is made with reference to the following: RECITALS A. Program Participants are the owners of certain real property located at 560 & 562 Carlsbad Village Drive (APN: 203-292-15,16,17 & 19) in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Major Redevelopment Permit (RP 06-03), which provides conditional approval of a 23,000 square foot mixed-use building ("Project") on the subject property. B. Condition No. 26 of approved Design Review Board Resolution No. 322 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participants prior to the issuance of a building permit for the subject Project. Design Review Board Resolution No. 322 provides that the Program Participants pay a Parking In-Lieu Fee for a total of sixty-three (63) parking spaces which in effect purchases parking credits from the Carlsbad Redevelopment Agency. The Program Participants shall pay the approved Parking In-Lieu Fee (per parking space) in effect at the time of building permit issuance to satisfy a portion of the parking requirement for the subject Project according to the requirements set forth in this Agreement. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2/26/99 2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEUFEE. (a) Performance under this Agreement satisfies the Program Participants's obligation for providing sixty-three (63) on-site parking spaces for the land covered by Major Redevelopment Permit No. 06-03 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 06-03, including Condition No. 26 listed in Design Review Board Resolution No. 322. (b) The Program Participants shall pay the Parking In-Lieu Fee for a total of sixty-three (63) parking spaces as established by the Commission, and, as required by Condition No. 26 of Design Review Board Resolution No. 322, the fee shall be paid prior to the Program Participants receiving a building permit for the subject Project. The fee shall be the sum total of the fee per parking spaces needed (63) to satisfy the Project's parking requirement. (c) The Program Participants shall have no right to designated parking spaces within the public parking lots located within the Village Redevelopment Area, or at any other location within the City of Carlsbad, nor shall the Program Participants have exclusive use of any public parking spaces. Through participation in the subject Parking In-Lieu Fee Program, the Program Participants agrees to assist the Carlsbad Redevelopment Agency in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Redevelopment Area of the City of Carlsbad. The Commission has approved Major Redevelopment Permit 06-03 conditioned upon the Program Participants's payment of a Parking In-Lieu Fee for a total of sixty-three (63) parking spaces. 3. REMEDIES Failure by the Program Participants to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 26 of Design Review Board Resolution No. 322. Such failure will allow the Commission and/or City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the subject project and property. 4. HOLD HARMLESS Program Participants will indemnify and hold harmless (without limit as to amount) Commission and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participants's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 2/26/99 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Housing and Redevelopment Commission Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE PROGRAM PARTICIPANTS: Thomas J. Hurley & Richard A Woolslev 1015 Chestnut Ave. #F2 Carlsbad. CA 92008 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the sixty-three (63) parking spaces for the subject Project, the Program Participants shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participants and any successive owners of the subject project as described in Attachment A to this Agreement. 9. JURISDICTION Program Participants agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. 2/26/99 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANTS Property Owner By:. ^^ (Sign Here) Thomas J. Hurley & ^^ & IT • (Print Name/Title) By: COMMISSION Housing and Redevelopment Commission, a municipal corporation By: Claude A. Lewis, Chairperson Attest: Raymond R, Patchett, Secretary to Commission (Proper notarial acknowledgment of execution by Program Participants must be attached) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: BALL, City Attorney Jahe'Mobaldi, Assistant City Attorney 2/26/99 t>0 SDNIdNnd ATTACHMENT "A" LEGAL DESCRIPTION APN 203-292-15.16.17. & 19 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Parcel A: Lot 28 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Parcel B: Lot 29 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Parcel C: Those portions of Lots 30, 31 and 32, In Block 34, In the Town of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888, described as follows: Beginning at the Southwest corner of said Lot 32, running thence Northwesterly along the Southwesterly boundary line of said Lots 32, 31 and 30, a distance of 75 feet to a point of intersection with the Northwesterly boundary line of said Lot 30; thence Northeasterly along said Northwesterly boundary line a distance of 50 feet; thence Southeasterly along a line parallel with and 50 feet Northeasterly from said Southwesterly boundary line of said Lots 32, 31 and 30, a distance of 75 feet to a point in the Southeasterly boundary line of said Lot 32; thence Southwesterly along said boundary line which is also the Northwesterly line of Elm Avenue, a distance of 50 feet to the point of the beginning. APN: 203-292-15-00, 203-292-16-00, 203-292-17-00 and 203-292-19-00 2/26/99 ALL-PURPOSE ACKNOWLEDGEMENT Q proved to me on the basis of satisfactory evidence to be the person(s) whose nam;(s) is/arc-subscribed to the with4n instrument and acknowledged to me^hat4ie/S»e#hcy executed the same in (nis/h-ai/ihgir authorized capacity(ies), and that by tot/nef/trrelr signatures(s) on the instrument the person (s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California County of On m^-' !before me, s -3T -personally appeared personally known to me - OR Notary flub*:-Cc*b«nta MyComm. BtplretOct 13 WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACH?p DOCUMENT INDIVIDUAL £ CORPORATE OFFICER 'S; TITUErS) Q PARTNER(S) ATTORNEY-IN-FACT F*K U TRUSTEE(S) D GUARDIAN/CONSERVATOR Q OTHER: NUMBER OF PA Le, DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF P£IWO,N(S) OR ESTITYilES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 60O-362-3369 ALL-PURPOSE ACKNOWLEDGEMENT Q proved to me on the basis of satisfaciory idence to be the person(s) whose nam;(s) a»subscribed to the w^thJui instrument and acknowledged to rne that fej/she/they executed the same in /mg/h-ei/their authorized capacity(ies), and that by^JaAyAei'/tlitir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California County of personally appeared known to me Commtaion*l«0754r Notary PubHe - CaWomta tanDtogo County My Comm. Exptat Oct 13.2009f WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION' The information below is not required by Jaw. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT f INDIVIDUAL CORPORATE OFFICER _d: Q PARTNER(S) ATTORNEY-rN-FACT TRUSTEE(S) D GUARDIAN/CONSERVATOR Q OTHER: i Up a-tr y>\ f\<~,r4_t TTTLfe OR TYPE OF DOCUMENT 5 NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF FERSONCS) OR RN'TITYilES) APA 5/99 VALLEY-SIERRA. 800-362-3359 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Name(s) of Signer(s)/\y / ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(a) whose name(^) is/arer subscribed to the within instrument and acknowledged to me that he/she/tfcey executed the same in his/her/their authorized capacity(tes)r and that by his/her/their signature(£) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: fuAv'A BeeHmenTDate: Signer(s) Other Than Named Ah Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian pp-Conservator D Othej Hgner Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here State of California County of Title of Officer (e.g., "Jane Doe, NotaDate personally appeared . TRICIALlArONIS Commission #1416319 Notaiy Pubte - California San Diego County r MyComm. Expires May 6,2007P © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wwvv.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANTS Property Owner COMMISSION Housi; mun: (Sign Here) Thomas J. Hurley & <^>*J & r • (Print Name/Title) By: (Sign Here) Richard A. Woolslev [Redevelopment Commission, a ^rpor^tion /-, / / fc^ Attest: .CV, Raymond R. Patchett, Secretary to Commission (Proper notarial acknowledgment of execution by Program Participants must be attached) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONAIdJT\ BALL, City Attorney /BY:Fl T^*^^J~ •EJ'^^^^^^'^*^^^^ • ^™^^i ^n^ ^^^fc^^^g^ Jaffe^Mobaldi, Assistant City Attorney 2/26/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V^t n QrCXuJL. //.Q^l a*/ personally appeared before me, \^)Lurru. ft . rAJ t^i net* /uot«*j. Q Name and Titteof Officer (e.o,gJane'Doe, Notary Public"; Name(s) of Signers) SHERRY A. FRCISINGEft Commission * 1727044 Notary Public - California | San Dtogo County Place Notary Seal Above ^Tpersonally known to me D (or proved to me on the basis of satisfactory evidence) to be the personte) whose name(^fis/are' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in b^/her/trjjrfr authorized capacity(i^), and that by Ws/her/thpfr signature^ on the instrument the personjj^), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached .Document Title or Type of Document:ya^£t/»v- t „+ -I Tya 3 * Document Date:.. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Item No. 5907 v609 Reorder: Call Tot-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 I Date' personally appeared CJ before me,i^rru- H . rA/^/^o&f-/ N cntiA^f y^ame and Title ofOfficer (e.g./^ne Doe, Notary Public") 7~ Name(s)of Signer(s) SHERRY A. FREKINGER f Commlufon # 1727064 ft Notary Public - CollfomkJ I San Dtogo County * Place Notary Seal Above Impersonally known to me D (or proved to me on the basis of satisfactory evidence) to be the personte) whose name^f is/ai^ subscribed to the within instrument and acknowledged to me that he/sj^e/th^V executed the same in his/l?e'r/tl)^ir authorized capacity(ie^), and that by his/h/r/tiyfr signature^ on the instrument the person^, or the entity upon behalf of which the personf^ acted, executed the instrument. WITNESS my hand and official seal. Signatur OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of W/s fgcmJo another document. -iZjX&e.v*J+ djinte^r'Description of Attached Document / , /^ •> DA J/*c"? fyc/f i/4,lojJ '/tjfnT rlL /L(AjLtrrj-tA_ T~Title or Type of Document: Document Date: Q Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact n Trustee D Guardian or Conservator D Other: : Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER . Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 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. 1 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: June 09th, 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 1 1th, Day of June, 2007 r Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of CITY OF CARLSBADNOTICE OF PUBLIC HEARINGROOSEVELT CENTER NOTICE IS HEREBY GIVEN that the Housing andRedevelopment Commission of the City of Carlsbadwill hold a Public Hearing in the City Council Cham-bers 1200 Carlsbad Village Drive, Carlsbad, Califor-nia, at 6:00 pm on Tuesday, June 19, 2007, toconsider approval of a Major Redevelopment Permit(RP 06-03) and Coastal Development Permit (CDP06-09) to allow the construction of a mixed-use de-velopment project consisting of 2 410 square feet ofretail space, 1,670 square feet of restaurant space,6,502 square 1eet of office space, and two (2) apart-ment units on the property located at 560 and 562Carlsbad Village Drive in Land Use District 1 of theCarlsbad Village Redevelopment Area. The proposed project is located on the north side ofCarlsbad Village Drive between State Street andRoosevelt Street in Land Use District No. 1 of theCarlsbad Village Redevelopment Area (AssessorParcel Numbers 203-292-15,16,17, & 19). Those persons wishing to speak on this proposal icordially invited to attend the public hearing. If youhave any questions or would like a copy ofthe staffreport please contact Austin Silva in the Housing andRedevelopment Department at (760) 434-2813. Youmay also provide your comments in writing to theHousing and Redevelopment Department at 296SRoosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the Cal-ifornia Environmental Quality Act (CEQA) and theEnvironmental Protection Ordinance of the City ofCarlsbad, the Housing & Redevelopment Departmenthas determined that the project is categorically ex-empt from the requirement for preparation of environ-mental documents pursuant to Section 15332 of theState CEQA Guidelines as an infill developmenproject. The Housing and Redevelopment Commis-sion will be considering recommending approval 91the environmental determination during the publichearing. 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. Attn: City Clerk'sOffice, 1200 Carlsbad Village Drive, Carlsbad, CA92008, at or prior to the public hearing. CASE FILE NO. :RP 06-03/CDP 06-09CASE NAME: ROOSEVELT CENTERPUBLISH: JUNE 09, 2007 NCT 2062243 HOUSING AND REDEVELOPMENT COMMISSION SfTE 091-8/09 IS./-I8AV 09AE 9|q!iedwo3 LUUJ 2.9 x ww gz IBIUIOJ sp ausnbjig ,,9/9 Z x „ i az|S |9qe| David M Ward 32 Marigold Pasadena, CA 91105 Carlsbad Village Threatre Lie 4208 Park Dr Carlsbad, CA 92008-3638 Benchmark Pacific Ltd II UnltB 550 Laguna Dr Carlsbad, CA 92008-1698 Roosevelt Tamarack Investments Unit 215 6 Venture Irvine, CA 92618-3340 Benchmark Pact] UnitB Juna Dr 1sbad, CA 92008-1698 Ester Ahronee 4440 Gather Ave San Diego, CA 92122-2614 Macdonald Properties L P 2016 Sheridan Rd Enclnltas, CA 92024-1144 Village Cor 2998 SJatTSt £arl*bad, CA 92008-2336 Village Comer L L C 2998 State St Carlsbad, CA 92008-2336 Ophelia G Garcia Ste7 2960 State St Carlsbad, CA 92008-2336 Abel C Garcia 1502 Rolling Hills Dr Oceanslde, CA 92056-3035 Leo & Dianna Pacheco 2100 Chestnut Ave Carlsbad, CA 92008-2718 Douglas M & Lori Avis UnltB 550 Laguna Dr Carlsbad, CA 92008-1698 Mission Square Shopping Center 1691 Caminito Allvlado La Jolla.CA 92037-7132 Clarke 2665 Jefferson St Carlsbad, CA 92008-1440 Marvin S Humphreys 140 Acacia Ave Carlsbad, CA 92008-3204 Dafna Gllboa 11022 Santa Monica Blvd Los Angeles, CA 90025-7513 Clark R & Shelley Knapp 215WPalmSt San Diego, CA 92103-5522 Gunter PO Box 749 San Pedro, CA 90733-0749 Hylen 5146 Chelterham Ter San Diego, CA 92130-1415 All American Engineering & Tra 721 McGavran Dr Vista, CA 92081-6405 Dafna Gilboa 11022 Santa Monica Blvd Los Angeles, CA 90025-7513 Monica Blvd geles, CA 90025-7513 Dafna Gilboa 11022 SarjJaHNfbnlca Blvd Los Angeles, CA 90025-7513 geles Monica Blvd , CA 90025-7513 Dafna Gilboa PO Box TustiwftA 92781 -1029 Dafna Gilboa 11022 Sapia-lflonica Blvd Los Angeles, CA 90025-7513 Satterly 1349MelroseWay Vista, CA 92081 -6509 Swanson A & Lavon Ritter 4060 Syme Dr Carlsbad, CA 92008-3561 Thomas D & Luclnda Vlgne 3880 Hibiscus Clr Carlsbad, CA 92008-3379 STAPLES label size 1" x 2 5/8" compatible with Avery®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery®5160/8160 8|qpdwoo LULU /g x wiu gj )eunoj ap 0918/09 tS@,^J9AV 4}|M 8|qpduioo ,,g/g g x „ L azjs |aqe| Eugene H Siegel 5553 Trinity Way San Diego, CA 92120-4503 Baumgartner PO Box 1333 Newport Beach, CA 92659-0333 Butler Properties L L C 3285 Corporate Vw Vista, CA 92081-8528 Bill F & Laural Ryburn 2019 Estero St Oceanside, CA 92054-6137 George R & Jackye Willis 2050 Laurie Cir Carlsbad, CA 92008-2023 Harry L & Alice Guzellimian PO Box 206 Solana Beach, CA 92075-0206 Jerry 2 Peters PO Box 1091 Cardiff By The Sea, CA 92007-7091 3044 State Street L L C Unit 100 539 Carlsbad Village Dr Carlsbad, CA 92008-2360 Kathleen M Clark 3060 State St Carlsbad, CA 92008-2314 Falcon 3080 State St Carlsbad, CA 92008-2378 Packard Building Partnership E 725 Grand Ave Carlsbad, CA 92008-2331 Chin L & Yu Tsai 2958 Madison St Carlsbad, CA 92008-2359 Mcmillin Carlsbad Investors L 2727 Hoover Ave National City, CA 91950-6625 Vermilyea Gsd 11620 Kismet Rd San Diego, CA 92128-5024 Gordon PO Box 130065 Carlsbad, CA 92013-0065 Great Western Bank PO Box 4900 Scottsdale, AZ 85261-4900 Great Wests POBp*-4tK)0 iSttsdale.AZ 85261 -4900 Great WesJem-BSnk DBoK^SK fottsdale, AZ 85261-4900 Parker 560 Highland Dr Danville, CA 94526-3711 Walker-Gilbert 4350 Highland Dr Carlsbad, CA 92008-4225 M&MG PO Box 1667 Carlsbad, CA 92018-1667 Paul & Teri Rappaport 2963 Madison St Carlsbad, CA 92008-2323 Parker 3215Maezel Ln Carlsbad, CA 92008-1131 Mccomas 1265 Cynthia Ln Carlsbad, CA 92008-1506 Michael K Gusky 14645 Dash Way Poway, CA 92064-2912 Iris P Kornberg 509 N Maple Dr Beverly Hills, CA 90210-3408 Security Pacific National Bank 300 Lakeside Dr Oakland, CA 94612-3534 Sheryl F Bullock Units 300 Lakeside Dr Oakland, CA 94612-3534 Bank Of America Nt & Sa PO Box 2818 Alpharetta, GA 30023-2818 Marguerite Montalbano PO Box 2818 Alpharetta, GA 30023-2818 STAPtES label size 1" x 2 5/8" compatible with Avery*5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery"5160/8160 09L8/09l9,/i8A\/39AB LULU /g x LULU 93 JEWJOJ ap ,,g/g g x ,,i az Sims 2820 Wilson St Carlsbad, CA 92008-1531 Carlsbad Village Partners L L 3303 Lilac Stnt Encinitas, CA 92024-7044 Sara C 305 I fsbad, CA 92008-7432 Sara C Teran 305 Date Ave Carlsbad, CA 92008-7432 Acuna Family 91 Maynard Ave Newbury Park, CA 91320-4259 Mario & Marie Manno 3067 Roosevelt St Carlsbad, CA 92008-2313 Russell L Bennett PO Box 356 Solana Beach, CA 92075-0356 Russell POI ana Beach, CA 92075-0356 rtners L LCarlsbad Villag 3303LjJa<rSmt <£rTcmitas, CA 92024-7044 North County Health Project In ISOValpredaRd San Marcos, CA 92069-2973 Martha E Barker 2435 Mark Cir Carlsbad, CA 92010-2816 James D Vitalie 5557 Alabama Dr Concord, CA 94521-4106 E H S Enterprises L L C 5553 Trinity Way San Diego, CA 92120-4503 E H S Enterprises'!. L C 5553 TfintfyWay SarTDiego, CA 92120-4503 Kfc National Management Co PO Box 35370 Louisville, KY 40232-5370 Circle K Stores Inc PO Box 52085 Phoenix, AZ 85072-2085 Boys & Girls Club Of Carlsbad PO Box 913 Carlsbad, CA 92018-0913 aza , CA 92078-4722 Falcon 1664 Via La Plaza San Marcos, CA 92078-4722 Michael K Murphy Stel 630 Grand Ave Carlsbad, CA 92008-2300 David C & Barbaca-Bbutelle Ste211 777^>HgTiway101 tana Beach, CA 92075-2622 David C & Barbara Boutelle Ste211 777 S Highway 101 Solana Beach, CA 92075-2622 Nobel UnitC 6435 Caminito Blythefield La Jolla, CA 92037-5851 STAPLES label size 1"x 2 5/8" compatible with Avery "5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery'?5160/8160 09 L8/09 L9/I8AV oaAB 3|qi}ediuoo UJLU /g x uuu gg leiujoj sp ,,8/g 2 x ,,iaz\s |gqe| OCCUPANT 2998 STATE ST CARLSBAD, CA 92008-2336 OCCUPANT 2978 STATE ST CARLSBAD, CA 92008-2336 OCCUPANT 2960 STATE ST -7 CARLSBAD, CA 92008-2336 OCCUPANT 2956 STATE ST -5 CARLSBAD, CA 92008-2336 OCCUPANT 2946 STATE ST CARLSBAD, CA 92008-2368 OCCUPANT 570 CARLSBAD VILLAGEDR -94 CARLSBAD, CA 92008-2303 OCCUPANT 2965 ROOSEVELT ST CARLSBAD, CA 92008-2335 OCCUPANT 2992 ROOSEVELT ST CARLSBAD, CA 92008-2334 OCCUPANT ROOSEVELT ST CARLSBAD, CA 92008 OCCUPANT 2956 ROOSEVELT ST CARLSBAD, CA 92008-2372 OCCUPANT 561 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2304 OCCUPANT 563 CARLSBAD VILLAGEDR -75 CARLSBAD, CA 92008-2304 12 Printed *** STAPLES label size 1" x 2 5/8" compatible with Avery'?5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Aver/'5160/8160 loo CASS Summary Report A. CASS/MASS Software 1 . Cass Certified Company Name: Datatech SmartSoft, Inc. 4. Z4 Change Certified Company Name: n/a 7. LOT Certified Company Name: Datatech SmartSoft, Inc. 10. DPC Utility Certified Company Name: n/a 13. MASS Certified Company Name: n/a 2. CASS Certified Software Name and Version: AccuMail 8.00.04.K 5. Z4 Change Certified Software Name and Version: n/a 8. LOT Certified Software Name and Version: AccuMail 8.00.04.K 11. DPC Utility Certified Software Name and Version: n/a 14. MASS Certified Software Name and Version: n/a 3. Configuration: AAA 6. Configuration: n/a 9. Configuration: AAA 12. Configuration: n/a 15. Configuration: n/a 16. MLOCR Serial No.: n/a B. List 1 . List Processor's Name: Jenny Martinez New Century Title 2. Date List Processed a. Master File: 11/07/2006 b. Z4 Change: n/a c. LOT: 11/07/2006 d. CRIS: 11/07/2006 3. Date of Database Product Used a. ZIP + 4 File: 10/15/2006 b. Z4 Change: n/a c. LOT: 10/15/2006 d. CRIS: 10/15/2006 4. List Name or ID no.: DQADDR 5. No. Lists:1 6. Total Records Submitted for Process ng: 1 2 C. Output a. ZIP + 4 Coded b. Z4 Change Processed c. DPBC Assigned 1. Total Coded 10 n/a 10 2. Validation Period From: 11/07/2006 To: 05/06/2007 n/a From: 11/07/2006 To: 05/06/2007 d. 5-Digit Coded e. CR RT Code f. LOT Assigned 1. Total Coded 10 10 n/a 2. Validation Period From: 11/07/2006 To: 11/07/2007 From: 11/07/2006 To: 02/05/2007 n/a D. Mailer I certify that the mailing submitted with this form has been coded (as indicated above) using CASS Certified software meeting all of the requirements of Domestic Mail Manual A950. 1. Signature: 2. Date Signed: 3. Name and Address of Mailer: Thomas Hurley Law Office Facsimile PS Form 3553 City of Carlsbad Housing & Redevelopment Department CITY OF CARLSBAD NOTICE OF PUBLIC HEARING ROOSEVELT CENTER NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 pm on Tuesday, May , 2007, to consider approval of a Major Redevelopment Permit (RP 06-03) and Coastal Development Permit (CDP 06-09) to allow the construction of a mixed-use development project consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two (2) apartment units on the property located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area. The proposed project is located on the north side of Carlsbad Village Drive between State Street and Roosevelt Street in Land Use District No. 1 of the Carlsbad Village Redevelopment Area (Assessor Parcel Numbers 203-292-15,16,17, & 19). 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 Austin Silva in the Housing and Redevelopment Department at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Housing & Redevelopment Department has determined that the project is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The Housing and Redevelopment Commission will be considering recommending approval of the environmental determination during the public hearing. If you challenge the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: CASE NAME: RP 06-03/CDP 06-09 ROOSEVELT CENTER HOUSING AND REDEVELOPMENT COMMISSION 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 <£> SITE ROOSEVELT CENTER RP 06-03/CDP 06-09 Roosevelt CenterHousing and RedevelopmentCommissionJune 19, 2007 Location MapSITE Subject PropertyCarlsbad Village DriveRoosevelt Street Property to the East Property to the West Property to the North Properties to the South Proposed DevelopmentThree-Story 23,000 sq. ft. Mixed-Use Project2,410 sq. ft. retail3,332 sq. ft. restaurant6,502 sq. ft. office2 apartment unitsz2-bedroom & min. 2-bathzPrivate balconiesFrontage along Carlsbad Village Drive and Roosevelt Street. Access off of Carlsbad Village Drive.Carlsbad Village DriveRoosevelt Street Goals and Objectives ofLand Use PlanProposed Project Meets Goals of District 1:Provides desirable usesServe as catalyst for future developmentDevelopment of an underutilized lotAttract additional visitor-serving commercial usesIncreases pedestrian circulation in the VillageIncreases number, quality, and diversity of housing types. Standards ComplianceOpen Space Required: 20%Proposed: 34.5%Building CoverageRequired: 60%-80%Proposed: 71%Height Over ParkingMaximum: 45’ w/ 5:12 roof pitchProposed: 39’ w/ 7:12 to 9:12 roof pitchParking (residential)Required: 5 (res.) spaces Proposed: 5 (res.) spacesParking (retail, restaurant, office)Required: 63 spacesProposed: Participation in the Parking In-Lieu-Fee Program for 63 spacesCarlsbad Village Drive Siteplan2’30’0’0’Public Parking LotPublic Parking Lot Carlsbad Village Drive Elevation Carlsbad Village Drive Elevation Roosevelt StreetElevation Environmental ReviewProposed project is an in-fill development project and Exempt from CEQA.No comments received.DRB recommended approval of environmental determination. DRB RecommendationDRB voted 4-0 (Schumacher absent) to recommend approval of the project.Project will have positive financial impact and assist in fulfilling the goals and objectives of the Master Plan.