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HomeMy WebLinkAbout2008-09-23; Housing & Redevelopment Commission; 410; Corner Grand Avenue Extension RP 05-01X114 HOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No. 459 , APPROVING an extension of Major Redevelopment Permit RP 05-01 for the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue in Land District 2 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1. ITEM EXPLANATION: On May 16, 2006, the Housing and Redevelopment Commission (HRC) approved a Major Redevelopment Permit for a two-unit, two story, apartment project totaling 6,811 square feet in Land Use District 2 of the Carlsbad Village Redevelopment Area. The 9,000 square foot site is currently occupied by a 956 square foot single-family residence with building frontage along Grand Avenue. The lot is bordered by a one-story medical office building to the west, a residential building on the property to the north, a two-story office building across Grand Avenue to the south, and a photography office across Jefferson Street to the east. The proposed project involves the construction of two apartments. The two units are setback from the street in order to reduce the massing of the two-story building along Grand Avenue and Jefferson Street. Each unit within the project is equipped with a second story balcony and a private ground level patio for private recreational purposes. Parking is provided for the project within a subterranean parking garage. The project includes extensive landscaping within and around the project, a pleasant architectural design, and decorative walls along all street frontages. Vehicular access to the site is located off Grand Avenue in order to reduce pedestrian and vehicular conflicts along .Jefferson Street. The approved Major Redevelopment Permit was set to expire on May 16,2008. The applicant was not able to obtain building permits by said date. Prior to expiration of the permit, the applicant filed an application requesting a time extension to allow an additional two years to receive the appropriate building permits for said project. Staff is recommending approval of the extension request. The conditions set forth within the approved Housing and Redevelopment Commission Resolution No. 415 will remain in full force and effect. DEPARTMENT CONTACT: Austin Silva 760-434-281 3 asilv@ci .carlsbad .ca. us / FOR CIN CLERKS USE ONLY. COMMISSION ACTION: APPROVED CONTINUED TO DATE SPECIFIC DENIED CONTINUED TO DATE UNKNOWN CONTINUED RETURNED TO STAFF WITHDRAWN OTHER - SEE MINUTES AMENDED Page 2 ENVIRONMENTAL REVIEW: An environmental review of the project has been conducted 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. The necessary finding for this environmental determination is included in the attached Housing & Redevelopment Commission resolution. FISCAL IMPACT: If constructed, the proposed project will have a positive impact in terms of increased property tax. The current assessed value of the project site is $688,500. With the new construction, it is estimated that the assessed value will increase to approximately $1.6 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $ 9,115 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. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 459 . APPROVING RP 05-01x1 2. Housing & Redevelopment Commission Resolution No. 415, APPROVING RP 05-01 3. Location Map 4. Design Review Board Resolution No. 307 dated February 27, 2006. 5. Design Review Board Staff Report dated February 27, 2006, w/attachments. 6. Design Review Board Minutes, dated February 27, 2006. EXHIBIT 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION APPROVING RP 05-Olxl 3 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 459 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REQUEST FOR A TWO-YEAR EXTENSION FOR MAJOR 4 REDEVELOPMENT PERMIT NUMBER RP 05-01 FOR THE 5 CONSTRUCTION OF A 6,811 SQUARE FOOT TWO-UNIT APARTMENT PROJECT ON THE PROPERTY LOCATED AT 786 GRAND AVENUE IN 6 LAND USE DISTRICT 2 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT 7 ZONE 1 INCLUDING VARIANCES FOR A FRONT AND SIDE YARD _ SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE,o 9 CASE NAME: CORNER GRAND AVENUE APN: 203-302-04 10 CASE NO:RP 05-Olxl 11 12 WHEREAS, Mullen Construction, "Applicant", has filed a verified application with the 13 Redevelopment Agency of the City of Carlsbad regarding property owned by Aminet 14 Sharipova, "Owner", described as Assessor Parcel Number 203-302-04, and more thoroughly described in Attachment A, ("the Property"); and 16 WHEREAS, said application constitutes a request for an extension of a Major 17 Redevelopment Permit, known as RP 05-01 for the Corner Grand Avenue project originallylo 19 approved by the Housing and Redevelopment Commission on May 16,2006; and 20 WHEREAS, the Housing and Redevelopment Commission did hold a duly noticed public hearing as prescribed by law to consider said permit extension request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to the 24 ^ <. extension of Major Redevelopment Permit 05-01. 26 27 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and 2 Redevelopment Commission as follows: 3 A. That the foregoing recitations are true and correct. 4 5 B. That based on the evidence presented at the public hearing, Housing and Redevelopment Commission hereby APPROVES an additional two (2) year 6 extension of Major Redevelopment Permit 05-01 for the Corner Grand Avenue project, based on the following findings and subject to the following conditions: 7 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;8 -^———————^________^_________^_______^_ 9 1. The Housing & Redevelopment Commission finds that the subject project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA 10 Guidelines as an infill development project on a site less than 5 acres in an urbanized area that has no habitat value and is served by adequate facilities. 11 ,2 2. The project remains consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth within the Village Redevelopment Plan 13 and Village Master Plan and Design Guidelines, with approval of the findings set forth in Design Review Board Resolution No. 307 dated February 27, 2006 and approved by the 14 Housing and Redevelopment Commission on May 16,2006. 15 CONDITIONS; 16 1. The Housing and Redevelopment Commission does hereby APPROVE a two (2) year 17 extension of Major Redevelopment Permit 05-01 for the Corner Grand Avenue project to allow the applicant additional time to apply for and receive approval of the building permits for the subject project, subject to the conditions set forth in Design Review Board J9 Resolution No. 307 dated February 27, 2006 and approved by the Housing and Redevelopment Commission on May 16, 2006. The permit shall be extended two (2) 20 years from the date of the first permit expiration which is May 16, 2008. The new expiration date for the permit shall be May 16, 2010. In addition, the following standard 21 Engineering conditions, Nos. 2 and 3 will apply to the project resulting from a change in stormwater requirements since the original approval date of this project. 23 2. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 24 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 2/j techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 27 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 28 HRCRESONO. -2- & 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. HRCRESONO. -3- 1 2 3 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." PASSED, APPROVED, AND ADOPTED at a Special Meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 23rdday of September , 2008 by the following vote to wit: AYES: SOARD MEMBERS KULCHIN, HALL AND NYGAARD. NOES: CHAIRPERSON LEWIS. ABSENT: BOARD MEMBER PACKARD. ABSTAIN: NONE. CHAIRMAN ATTEST: LISA fflLDABRAND, SECRETARY HRCRESONO.-4- EXHIBIT 2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 415 APPROVING RP 05-01 1 RESOLUTION NO. 415 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT 3 PERMIT NO. RP05-01 FOR THE CONSTRUCTION OF A 6,811 SQUARE FOOT TWO-UNIT APARTMENT PROJECT ON PROPERTY 4 LOCATED AT 786 GRAND AVENUE IN LAND USE DISTRICT 2 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL 5 FACILITIES MANAGEMENT ZONE 1 INCLUDING VARIANCES FOR A FRONT AND SIDE YARD SETBACK WHICH EXCEED THE MAXIMUM 6 STANDARD RANGE. APPLICANT: EDUARDO POSADA7 CASE NO: RP 05-01 8 9 WHEREAS, on February 27, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 05-01) for the construction of a 6,811 square foot two-unit apartment project on the property located at 786 12 Grand Avenue in Land Use District 2 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1, and adopted Design Review Board Resolution No. 307 14 recommending to the Housing and Redevelopment Commission that Major Redevelopment 15 Permit (RP 05-01) be approved; and 16 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on 17 the date of this resolution held a duly noticed public hearing to consider the recommendation 18 and heard all persons interested in or opposed to Major Redevelopment Permit (RP 05-01); and 19 WHEREAS, the recommended approval includes findings establishing the Medium-High 20 Residential (RMH) density range of 8-15 dwelling units per acre for the subject property; and 21 WHEREAS, the recommended approval includes findings granting variances for the 22 front and west side yard setback which exceed the standard range; and 23 WHEREAS, as a result of an environmental review of the subject project conducted 24 pursuant to the Guidelines for Implementation of the California Environmental Quality Act and 25 the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be 26 categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of 1 less than five acres in an urbanized area that has no habitat value and is served by adequate 2 facilities. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 4 Commission of the City of Carlsbad, California as follows: 5 1. That the foregoing recitations are true and correct. 6 2. That Major Redevelopment Permit (RP 05-01) is APPROVED and that the findings 7 and conditions of the Design Review Board contained in Resolution No. 307, on file in the City 8 Clerk's Office and incorporated herein by reference, are the findings and conditions of the 9 Housing and Redevelopment Commission with the addition of one condition to read as follows: 10 a. The project shall include fiber cement siding on approximately 50% of the 11 building and the sound barrier masonry wall depicted in Design Review Board Exhibit No. B 12 dated February 27, 2006 shall include a stone finish. 13 3. That the Housing and Redevelopment Commission of the City of Carlsbad has 14 reviewed, analyzed and considered the environmental determination for this project and any comments thereon. The Housing and Redevelopment Commission finds that: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and 18 regulations; 19 (b) The proposed development occurs within city limits on a project site of no 20 more than five acres and substantially surrounded by urban uses; 21 (c) The project site has no value as habitat for endangered, rare or threatened 22 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 27 28 1 reflects the independent judgment of the Housing and Redevelopment Commission of the City 2 of Carlsbad. 3 4. That this action is final the date this resolution is adopted by the Housing and 4 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, 5 "Time Limits for Judicial Review" shall apply: 6 7 NOTICE TO APPLICANT: 8 "The time within which judicial review of this decision must be sought, or other exactions 9 hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which 10 has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. 11 Any petition or other paper seeking judicial review must be filed in the appropriate court not later 12 than the ninetieth day following the date on which this decision becomes final; however, if within 13 ten days after the decision becomes final a request for the record of the proceedings 14 accompanied by the required deposit in an amount sufficient to cover the estimated cost of 15 preparation of such record, the time within which such petition may be filed in court is extended 16 to not later than the thirtieth day following the date on which the record is either personally 17 delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written 18 request for the preparation of the record of the proceedings shall be filed with the City Clerk, 19 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." 20 21 // 22 // 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 16s3 day of May. 2006 by the following vote to wit: AYES: Commissioners Hall, Kulchin, Sigafoose NOES: Commissioner Lewis ABSENT: Commissioner Packard ABSTAIN: None N EXHITIBT 3 LOCATION MAP S/7E CORNER GRAND AVENUE RP 05-01x1 EXHIBIT 4 DESIGN REVIEW BOARD RESOLUTION NO. 307 1 DESIGN REVIEW BOARD RESOLUTION NO. 307 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 05-01 FOR THE 4 CONSTRUCTION OF A 6,811 SQUARE FOOT TWO-UNIT APARTMENT PROJECT ON THE PROPERTY LOCATED AT 786 GRAND AVENUE IN LAND USE DISTRICT 2 OF THE CARLSBAD VILLAGE 6 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 INCLUDING VARIANCES FOR A FRONT AND SIDE YARD 7 SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE. CASE NAME: CORNER GRAND AVENUE 8 APN: 203-302-04 9 CASE NO: RP 05-01 10 WHEREAS, Eduardo Posada, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Aminet 13 Sbaripova, "Owner", described as Assessor Parcel Number 203-302-04, and more thoroughly '^ described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-L" dated February 27, 2006, on file in the Housing and Redevelopment 17 Department, "Corner Grand Avenue RP 05-01", as provided by Chapter 21.35.080 of the18 19 Carlsbad Municipal Code; and 20 WHEREAS, the Design Review Board did on the 27th day of February, 2006, hold a *71 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring "Corner Grand Avenue RP 05-01." 24 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows: 27 A. That the foregoing recitations are true and correct. 28 B. That based on the evidence presented at the public hearing, the Design Review 2 Board APPROVES the Corner Grand Avenue RP 05-01, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:4 c 1. The Housing & Redevelopment Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on 6 the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 7 Guidelines as an infill development project. In making this determination, the Housing & Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein and with the 10 findings contained herein for a front and side yard setback variances and the establishment of the RMH density designation for the project is in conformance with the 1 * Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the j 2 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 27,2006 including, but not limited to the following: 13 a. The proposed project is consistent with the goals and objectives for the Village, 14 as outlined within the General Plan, because it provides for a residential use in . , an appropriate location within the Village. This in turn serves to enhance the Village by providing the necessary residential support. The location of the 16 project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units will enhance the 17 Village as a place for living and working. The project will also be close to existing bus routes, furthering the goal of new economic development near transportation corridors. 19 b. The project is consistent with Village Redevelopment Master Plan and Design 20 Manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 2 through the following actions: 1) the project 21 provides a new residential development that will improve the physical _~ appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same 23 architectural elements found in residential projects. 24 c. The project as designed is consistent with the development standards for Land Use District 2, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of the 26 requested variances. 27 d. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be 28 improved to serve the development. The pedestrian spaces and circulation have DRB RESO NO. 307 -2- .-7 been designed in relationship to the land use and available parking. Public 2 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 3 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 4 , e. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space 6 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 7 f. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. 10 g. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) 12 units. 13 h. The proposed project meets all of the minimum development standards set forth 14 in Chapter 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates many of the architectural features of surrounding developments. The buildings, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual, which 17 serves as the adopted land use plan for the area. The overall plan for the project provides for adequate usable open space, circulation, and off-street parking. 1 8 The parking is screened underneath the building and the project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. The overall architecture is compatible with the surrounding area 20 and consistent with the Village character as set forth in the Village Design Manual. 21 3. The Design Review Board hereby finds that the appropriate residential density for the project is 22 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 23 follows: 24 a. The density is compatible with the surrounding area, which contains a variety of 25 uses including multi-family residential, single-family residential, commercial and office. Application of the RMH General Plan designation on the subject property 26 would allow for the proposed multi-family development, which is a permitted use in District 2 and would be compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 28 DRB RESO NO. 307 -3- b. The RMH General Plan density designation serves to satisfy the goals of the Village 2 Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The higher density 3 designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master 4 Plan. c. The RMH General Plan density designation serves to satisfy the objectives of Land 5 Use District 2 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation. Higher residential densities in close 7 proximity to areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic ° congestion and improved air quality. 9 4. The Design Review Board finds that the RMH residential density is in conformance with the 10 Elements of the City's General Plan based on the facts set forth in the staff report dated February 27, 2006, including but not limited to the following: 11 a. Land Use - The project is consistent with the City's General Plan since the proposed density of 9.66 du/ac is within the density range of 8 - 15 du/ac specified for the site j 3 as indicated in the Land Use Element of the General Plan. The project's proposed density of 9.66 du is slightly below the Growth Management Control Point density 14 (11. du) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified 15 Housing Element, all of the dwelling units which were anticipated toward achieving . 6 the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These 17 excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties 18 identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. 2Q b. Circulation - The project will take access off of Grand Avenue and is conditioned to provide all necessary street improvements. On-site circulation consists of a private 21 driveway which provides access to a subterranean parking garage designed in accordance with City standards. 22 j-. c. Noise - The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Urban Crossroads 24 d. Housing - The project is consistent with the Housing Element of the General Plan 25 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.26 27 5. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. 28 The project includes elements or has been conditioned to construct or provide funding to DRB RESO NO. 307 -4- ,- f ensure that all facilities and improvements regarding: sewer collection and treatment; water; 2 drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to 3 serve new development prior to or concurrent with need. Specifically, 4 a. The project has been conditioned to ensure that building permits will not be c issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service 6 remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they 7 apply to sewer service for this project. 8 b. All necessary public improvements have been provided or are required as 9 conditions of approval. 10 c. 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. , ry 6. 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 13 caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 14 7. The Design Review Board finds as follows to allow for variances for front and side yard 15 setbacks that exceed the standard range: a. That the application of certain provisions of this chapter will result in practical jy difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in 18 that due to the location of the property being next to a commercial use and at a busy street corner additional setbacks are required in order to protect the 19 livability of the residents. The increased setback area will be devoted to ~~ landscaping, to help buffer the edge of the property and protect the livability for future residents. 21 Providing an increased setback at the front of the proposed building of 18 feet is 22 necessary to provide parking access that is visually subordinated, as specified within the Village Design Manual. The increased setback is necessary in order to accommodate the appropriate drive angle so that residents do not scrape the 24 undercarriage of their vehicles as they enter the underground parking. By providing an increased setback on the front of the building, the required 25 parking can be provided in a subterranean garage making the parking visually subordinate, and landscaping can be provided along the front of the property, 2° both of which are preferable site design strategies set forth in the Carlsbad 27 Village Redevelopment Master Plan and Design Manual. 28 DRB RESO NO. 307 -5- ^ Providing an increased side yard setback of 12 feet along Grand Avenue is 2 necessary to make the project compatible with the adjacent commercial use. The increased setback helps to increase the livability of the residential units. 3 b. That there are exceptional circumstances or conditions unique to the property or the 4 proposed development which do not generally apply to other properties or c developments which have the same standards, restrictions, and controls, in that by allowing the proposed setbacks, the subject property will more closely match the 6 setbacks of the surrounding residential properties and adjacent office use. The granting of the variance will not constitute a granting of special privileges as a 7 precedent has been previously set within the V-R zoning for allowing residential projects to exceed the maximum of the standard range. In addition, it is noteworthy that staff is currently working on an amendment to the Carlsbad 9 Village Redevelopment Master Plan, subject to the approval of the Housing & Redevelopment Commission, to allow for commercial and residential projects to 10 exceed the maximum of the setback standard range. * * c. That the granting of a variance will not be injurious or materially detrimental to the ,2 public welfare, other properties or improvements in the project area, in that the variances do not authorize a use or activity, which is not expressly authorized by 13 the zone regulation governing the subject property, as a multi-family residential use is a permitted use within Land Use District 2 of the V-R zoning. 14 Additionally, the increased setbacks are similar to the setbacks enjoyed by the surrounding properties under the same zoning designation. 16 d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the 17 Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in 19 the redevelopment area. The placement of the building is setback similarly to the surrounding properties, allowing for increased landscaped buffering, which 20 is consistent with the Village Master Plan and Design Manual's goal of establishing Carlsbad Village as a quality living environment. Additionally, the 21 project is consistent with the general purpose of the general plan and the »_ Carlsbad village area redevelopment plan. 23 GENERAL CONDITIONS; 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. £j 25 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 27 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 28 modify all approvals herein granted; deny or further condition issuance of all future DRB RESO NO. 307 -6- building permits; deny, revoke or farther condition all certificates of occupancy issued 2 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 3 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 4 Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 6 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. 7 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval.o 9 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. 10 4. If any condition for construction of any public improvements or facilities, or the payment ' 1 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are j2 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 13 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 14 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 1 g members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 17 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 19 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 20 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 21 22 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 23 conditions approved by the final decision making body. 24 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. 26 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 27 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities.28 V DRB RESO NO. 307 -7- 9. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 10. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 11. Building permits will not be issued for this project unless the local agency providing 6 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 7 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy.o 12. Approval is granted for Major Redevelopment Permit RP 05-01 as shown on Exhibits A-L, dated February 27,2006, on file in the Housing and Redevelopment Department 10 and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 11 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 12 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 15 LANDSCAPE CONDITIONS: 14. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan 17 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 18 healthy and thriving condition, free from weeds, trash, and debris. 19 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 16. Developer shall pay a landscape plan check and inspection fee as required by Section 22 20.08.050 of the Carlsbad Municipal Code. 23 MISCELLANEOUS CONDITIONS: 17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 25 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 26 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 28 DRB RESO NO. 307 -8- 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and 2 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 3 Directors of Community Development and Housing and Redevelopment. 4 NOTICING CONDITIONS: 19. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and „ successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution No. 307 on the real property owned by the Developer. Said Notice g 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 9 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12 QN-S1TE CONDITIONS; 20. No outdoor storage of material shall occur onsite unless required by the Fire Chief. , 4 When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply 15 with the approved plan. 21. The developer shall submit and obtain Housing & Redevelopment Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 18 22. Noise barrier identified in acoustical study prepared by Urban Crossroads shall be 19 constructed in order to reduce noise levels to an acceptable level. 20 STANDARD CODE REMINDERS; 21 The project is subject to all applicable provisions of local ordinances, including but not limited to the 22 following code requirements. 23 Fees 24 23. 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. 24. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 27 25. 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 DRB RESO NO. 307 -9- with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 2 of the City Engineer. 3 General 4 26. The tentative map shall expire twenty-four (24) months from the date this tentative map - approval becomes final. 6 27. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of 7 building permit issuance, except as otherwise specifically provided herein. o 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 9 Code Section 18.04.320. 10 ENGINEERING CONDITIONS: 11 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of building or grading permit whichever occurs first. 13 General 14 29. Prior to hauling dirt or construction materials to or from any proposed construction site 15 within this project, Developer shall apply for and obtain approval from, the City Engineer 16 for the proposed haul route. 17 30. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 18 31. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. 20 32. An adjustment plat shall be processed and approved through the City to consolidate 21 those portions of Lots 13,14,15, and 16 of Block 50 of Carlsbad Townsite into one lot within the site boundary.22 23 Fees/Aereements 33. Developer shall cause property owner to execute and submit to the City Engineer for 24 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 25 34. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street 27 Lighting and Landscaping District No. 1, on a form provided by the City Engineer. 28 DRB RESO NO. 307 -10- Grading 2 35. Based upon a review of the proposed grading and the grading quantities shown on the site 3 plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the city engineer prior to issuance of a building permit for the project. 36. No grading for private improvements shall occur outside the limits of this approval unless 5 Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is 7 unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this ° approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Housing and Redevelopment Director. 10 Dedications/Improvements 11 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the site plan. 13 The offer shall be made by separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are 14 already public are not required to be rededicated. 5 38. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 17 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 18 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: 20 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 21 hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 23 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 24 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective „, containers,zo 27 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 28 DRB RESO NO. 307 -11- Carlsbad Municipal Water District 2 39. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 3 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 5 40. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public 6 improvement plans. ' 41. The Developer shall design and construct public water and sewer facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on the public improvement plans. 9 42. This project is approved upon the express condition that building permits will not be 10 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 307 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of February, 2006 by the following vote to wit: AYES: Heineman, Baker, Lawson, and Schumacher NOES: NONE ABSENT: Marquez ABSTAIN: N/A COURTNEY ffETNEJviAN, CW DESIGN REVIEWBOARD ~ " 'ERSON ATTEST: L/tyLv /t^_ DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 307 -13- EXHIBIT 5 DESIGN REVIEW BOARD STAFF REPORT DATED FEBRUARY 27, 2006 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 9/29/2005 David Rick Environmental Review: Categorical Exemption ITEM NO. 2 DATE: February 27, 2006 SUBJECT: RP 05-01 "CORNER GRAND AVENUE": Request for a Major Redevelopment Permit to allow the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue in Land Use District 2 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 307 recommending APPROVAL of RP 05-01 to the Housing and Redevelopment Commission based on findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation greater than $150,000. In accordance with redevelopment permit procedures, the major redevelopment permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The Design Review Board is being asked to hold a public hearing on the permit requested, consider the public testimony and staff's recommendation on the project, discuss the project and then take action to recommend approval or denial of the project with the requested setback variances. The proposed project is not located within the Coastal Zone; therefore, a Coastal Development Permit is not required for the subject project. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Eduardo Posada, has requested a Major Redevelopment Permit for a two-unit residential project totaling 6,811 square feet. The property is located at 786 Grand Avenue in Land Use District 2 of the Carlsbad Village Redevelopment Area. The subject property is 9,000 square feet and is currently occupied by a 956 square foot single-family residence with building frontage along Grand Avenue. The lot is bordered by a one-story medical office building to the west, two residential units on the property to the north, a two-story office building across Grand Avenue to the south, and a photography office across Jefferson Street to the east. The CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGE 2 remainder of the Grand Avenue is comprised of a mixture of uses of various sizes including, a one-story medical office building, a two-story office complex, a restaurant and bar (Grand Avenue Bar and Grill), and a parking lot for the Old World Center. IV. GENERAL PLAN CONSISTENCY The General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a multi-family residential use in an appropriate location within the Village. This in turn serves to enhance the Village by providing the necessary residential support. The location of the project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units will enhance the Village as a place for living and working. The project will also be close to existing bus routes, furthering the goal of new economic development near transportation corridors. 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: GoaM: 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 within clear walking distance to District 1, the retail and commercial core of the Village Area. 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 attractive architectural design will serve to enhance the site and the surrounding area. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. 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 CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGE 3 new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically by redeveloping a corner lot on a prominent intersection. Staff sees the development of the vacant subject property as a key catalyst for future redevelopment along both Grand Avenue and Jefferson Street. Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is visually appealing and sensitive to surrounding development within the area. The architecture of the new structure meets the requirements of the design guidelines for the Village. The two- story structure is stepped back from the property lines, which is in keeping with the scale and intensity of the 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. VI. CONSISTENCY WITH VILLAGE LAND USE PLAN The site of the proposed project is located within Land Use District 2 of the Village Redevelopment Area. Multi-family residential projects are a permitted use within this district. Permitted uses are defined as those uses which are permitted by right because they are considered to be consistent with the vision and goals established for the district. Although these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. The overall vision for the development of District 2 is to provide a continuation of Land Use District 1 through building scale and character, while maintaining a pedestrian-oriented environment. The development standards promote individual buildings set back from the street surrounded by landscaping, with parking being located away from street frontages. Staff believes that the proposed residential units, assist in satisfying the goals and objectives set forth for Land Use District 2 through the following actions: 1) the project provides a new residential development that will improve the physical appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by providing ample building setbacks, an abundance of landscaping, and underground parking. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 2 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 2, the required front yard setback is 5-15 feet, the east street side yard setback is 10 feet minimum, the west side yard setback is 10 feet, and the required rear yard setback is 5-10 feet. All setbacks are measured from property lines. The front yard setback of the proposed building is 18 feet from the front property line. On the west side yard, the setback is 12 feet from the side property line. The east side yard has a setback of 10 feet. The rear of the building is located 10 feet from the rear property line. CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGE 4 The Design Review Board will be required to make appropriate findings to grant variances for the front yard setback that exceeds the maximum range of 15 feet and the west side yard setback that exceeds the maximum range of 10 feet. It is noteworthy that staff is currently working on an amendment to the Carlsbad Village Redevelopment Master Plan, subject to the approval of the Housing & Redevelopment Commission, to allow for commercial and residential projects to exceed the maximum of the setback standard range with no variance requirement. 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. For approval of a setback standard that is above the maximum or below the minimum for the subject land use district, a variance may be approved by the Design Review Board for a Major Redevelopment Permit if the findings set forth in Section 21.35.130 of the Carlsbad Municipal Code are met. In addition, a variance for a setback standard that exceeds the top of the range may only be granted if the project meets one or more of the following criteria: 1. The project is in a location where adjacent buildings are set back further than the permitted standard (range), adjacent buildings are likely to remain, and setting the structure back to the desired standard will maintain and reinforce the Village character of the area. 2. The project is in a location that is in a transition area to residential development and where increased setbacks would soften the visual transition between commercial and residential development or would protect the livability of the residential development. 3. Restaurant uses where a larger front setback will be utilized for outdoor dining space subject to approval by the Design Review Board and/or Housing and Redevelopment Commission, whichever is the appropriate approving body. (This finding is not applicable to the subject project.) The first two criteria noted above for allowing front yard setbacks, which exceed the maximum standard (range) are justified as follows. The subject project is in a location with varying setbacks. The adjacent office use to the west off Grand Avenue has a front yard setback that is in excess of twenty feet and the adjacent residential use off Jefferson Street is set close to eighteen feet. The increased setbacks will help to protect the livability of the project, as it will provide a buffer between the residence and the busy street of Grand Avenue and between the residence and the adjacent commercial use and provide for additional privacy. Also, the increased setbacks of the project along the west side yard and front yard street frontage and the stepping back of the upper levels of the building allows for greater architectural articulation and increased landscaped area, which is strongly encouraged in the Village Design Guidelines as a way to maintain and reinforce the Village character. Therefore, staff believes that the increased setback is consistent with the area and will reinforce the Village character. In addition to the criteria noted above for considering a variance for a setback standard that exceeds the top of the range, Carlsbad Municipal Code Section 21.35 sets forth the required findings necessary to grant the requested variance. In order to approve the requested variances to exceed the maximum setback on the front and west side of the property, the Design Review Board must be able to make all four findings contained within Carlsbad Municipal Code Section 21.35. Staff offers the following justification for granting the requested variances to exceed the front and west side yard setback standards: CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGES Variance Finding #1: Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zone regulation deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Justification: Due to the location of the property being next to a commercial use and at a busy street corner additional setbacks are required in order to protect the livability of the residents. The increased setback area will be devoted to landscaping, to help buffer the edge of the property and protect the livability for future residents. Providing an increased setback at the front of the proposed building of 18 feet is necessary to provide parking access that is visually subordinated, as specified within the Village Design Manual. The increased setback is necessary in order to accommodate the appropriate drive angle so that residents do not scrape the undercarriage of their vehicles as they enter the underground parking. By providing an increased setback on the front of the building, the required parking can be provided in a subterranean garage making the parking visually subordinate, and landscaping can be provided along the front of the property, both of which are preferable site design strategies set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual. Providing an increased side yard setback of 12 feet along Grand Avenue is necessary to make the project compatible with the adjacent commercial use. The increased setback helps to increase the livability of the residential units. Variance Finding #2: The variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located. Justification: By allowing the proposed setbacks, the subject property will more closely match the setbacks of the surrounding residential properties and adjacent office use. The granting of the variance will not constitute a granting of special privileges as a precedent has been previously set within the V-R zoning for allowing residential projects to exceed the maximum of the standard range. In addition, it is noteworthy that staff is currently working on an amendment to the Carlsbad Village Redevelopment Master Plan, subject to the approval of the Housing & Redevelopment Commission, to allow for commercial and residential projects to exceed the maximum of the setback standard range. Variance Finding #3: The variance does not authorize a use or activity, which is not otherwise expressly authorized by the zone regulation governing the subject property. Justification: The variances do not authorize a use or activity, which is not expressly authorized by the zone regulation governing the subject property, as a multi-family residential use is a permitted use within Land Use District 2 of the V-R zoning. Additionally, the increased setbacks are similar to the setbacks enjoyed by the surrounding properties under the same zoning designation. Variance Finding #4: The variance is consistent with the general purpose and intent of the general plan, Carlsbad village area redevelopment plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual. Justification: The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. The placement of the building is setback similarly to the surrounding properties, allowing for increased landscaped buffering, which is consistent with the Village Master Plan and Design Manual's goal of establishing Carlsbad Village as a quality living environment. Additionally, the project is CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGE 6 consistent with the general purpose of the general plan and the Carlsbad village area redevelopment plan. Based on these variance findings, it is staff's position that the proposed project warrants the granting of a variance to allow building setbacks that exceed the established range for the front yard setback and west side yard setback of the property. Building Coverage: The range of building footprint coverage permitted for all projects in Land Use District 2 is 60% to 80%. For the proposed project, the building coverage is 36%, which is below the established range. While the bottom of the range is considered the desired standard, unlike the setback requirements, a variance is not required for building coverage that is below the standard range. Therefore, the building coverage is in compliance with the established standard. The lesser coverage allows for ample landscaping, recreational space, and privacy. Building Height: The height limit for Land Use District 2 is 35 feet with a minimum 5:12 roof pitch. The proposed project will have a maximum height of 35 feet and a roof pitch of 5:12. Therefore, the building height is in compliance with the established standard. 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. 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 roof decks and balconies above the ground floor. The project provides for a total of 4,950 square feet of open space, which represents 55% of the site and is consistent with the open space requirement. Parking: The parking requirement for a multi-family dwelling is two standard spaces per unit and Yz guest parking space per unit. The project provides a subterranean garage with four resident spaces and 1 guest parking space, which satisfies the parking requirement for District 2. 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 2 and surrounding land uses, staff is recommending a Medium-High Density Residential (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 multi-family residential, single-family residential, commercial and office. CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGE? Application of the RMH General Plan designation on the subject property would allow for future multi-family development, which is a permitted use in District 2 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 higher density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master Plan. 3. The RMH General Plan density designation serves to satisfy the objectives of Land Use District 2 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation. Higher residential densities in close proximity to 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 .21 acres (9,000 square feet), which will accommodate 2.42 dwelling units per the GMCP. The project applicant is requesting to construct a total of two (2) units. With two (2) dwelling units proposed, the project results in a density of 9.66 dwelling units per acre, which is below the GMCP. 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. 307. 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 newly constructed units in the redevelopment area) 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. The project has been conditioned to pay the in-lieu fee for the two (2) proposed residential units. 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 CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGES appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project provides for an overall informal character, yet maintains a pleasant architectural design conducive to the surrounding neighborhood and overall Village character. The applicant has incorporated several desirable design elements to achieve the desired Village character. The architectural design elements include the incorporation of various-sized, multi-paned windows, wood railings, two complimentary stucco colors, and multiple roof elements with a 5:12 roof pitch. The project will enhance the pedestrian-orientation by providing enhanced landscaping along Grand Avenue and Jefferson Street. The parking is visually subordinate in that it is located in a subterranean garage accessed off Grand Avenue. A summary of the design features related to the project is provided as an exhibit to this report (See Attached Exhibit A). IX. TRAFFIC. CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS The project, as conditioned, shall comply with the City's requirements for the following: TRAFFIC AND CIRCULATION: Projected Average Daily Traffic (ADT): 20 A Traffic study was not required because of the insignificant impact that a two-unit apartment would have on the surrounding street system. Comment: All frontage and project related roadways are already constructed and adequate for supporting this project. SEWER: Sewer District: Carlsbad Municipal Water District Sewer EDU's Required: 2 (1) edu/dwelling x 2 dwellings = 2 EDU's Comment: Sewer facilities, including a lateral to serve the site, exist in Jefferson Street. New sewer lateral may be necessary to accommodate the two-unit apartment. CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGE 9 WATER: Water District: Carlsbad Municipal Water District GPD Required: 550 gpd/edu x 2 edu = 1100 GPD Comment: No major water issues are associated with this proposed project. SOILS & GRADING: Quantities: Cut: 1,840 cy Fill: Ocy Export: 1,840 cy Import: Ocy Permit required: Yes Off-site approval required: No Hillside grading requirements met: N/A Preliminary geo-technical investigation performed by: Soil Testers Comment: There are no major grading issues associated with this project. DRAINAGE AND EROSION CONTROL: Drainage basin: A Preliminary hydrology study performed by: N/A Erosion Potential: Low Comment: There are no major drainage issues associated with this project. Drainage flowing to the garage will be discharged by a submersed pump to Jefferson Street. LAND TITLE: Conflicts with existing easement: None Easement dedication required: Public right-of-way dedication of 135 square feet is proposed at the corner of the property fronting the street intersection. Site boundary coincides with land title: Yes Comment: The property consists of 4 lots established by the Carlsbad Township Map 535, recorded in 1888. These lots will be consolidated into one lot via an adjustment plat. The project has been conditioned to require processing of an adjustment plat through the City. IMPROVEMENTS: CORNER GRAND AVENUE FEBRUARY 27, 2006 PAGE 10 Off-site improvements: Street frontage improvements (curb, gutter, sidewalk, etc.) already exist on Jefferson Street and Grand Avenue. The improvements consist of some slight sidewalk realignment, a new driveway approach, and a curb drain. Standard variance required: No. Comment: No major improvement issues are associated with this proposed project. Storm Water Quality: The applicant is required to implement Best Management Practices (BMP) measures, to the maximum extent practical, to ensure that no additional pollutants-of-concern are contributed downstream of the project. The developer is subject to complying with the City's Storm Water Management Plan. X. ENVIRONMENTAL REVIEW The Housing & Redevelopment Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board resolution. XI. ECONOMIC IMPACT The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was previously an under-utilized lot will result in increased property taxes. This increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, the project may serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. XII. CONCLUSION Staff is recommending approval of the project with findings for a variance for the front and west side yard setbacks to exceed the standard range. Development of the site 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. ATTACHMENTS: A. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines B. Design Review Board Resolution No. 307 recommending approval RP 05-01 C. Location Map D. Exhibits "A - L", dated February, 2006, including reduced exhibits S/7E CORNER GRAND AVENUE RP 05-01 ovasiyvo do AJJO il$<azo:OOCLjJZa:oo oiino a.a: t DilHii Aiti Mfiiii ti n tliiStl ( ..I! »« iiu liiitflftt Kfwf* tl ° ? Li - & . «ltH (il« i Jr iiiLii rii III I 3tti I 1: !III 6 e © ;';>.illI ! H i e •«:«:}<[£] 0)0.UO LOT H. BLOCK 49. MAP NO. 775 CORNER RECORD 6250 (00.UIO 10I1HO3 (>«I*M»ovasiavo jo AIIO jnamamaiat-BAY .l-.l !. L _: 4 i p Ul 8 avasTdvo do AJJO '3AV w n to S SEWST1OH1II09 «HOI«IAI»ovasibvo JO AUO ii ZWVW OHMS 984"3AV 1 f ozooui CO OV8S1HVO dO A1IO il VOXIMCTflOOTO/WOMBM*'3AV ••3;,3! ovesiavo do AIJO "3AV m UJ UJ X !Hr»EBirK6*iiiliiil! UJ UJ co Ul uocoo 1011.1109 CHOICtAn avasiyvo do AJJO ioaroydQNVU9 bBNUOO zo ililtfiiiU!!! UJ-I Ul I-w UJ§ ?5 10H1IIO3 »»0'«IAJ1 OVBSldVO JO AJJO il WCMEMO3IMUVCMM99W GRAND AVENUE fc-S5/1P* El-ahrSiT-IS-1 •vw w rnuvmui0 EXHIBIT 6 DESIGN REVIEW BOARD MINUTES DATED FEBRUARY 27, 2006 Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: DESIGN REVIEW BOARD 6:00 P.M. FEBRUARY 27, 2006 COUNCIL CHAMBERS CALL TO ORDER Chairperson Heineman called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairperson Heineman asked Board Member Schumacher to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Heineman proceeded with the roll call of Board Members. Present: Absent: Board Members: Julie Baker Tony Lawson Michael Schumacher Chairperson: Courtney Heineman Sarah Marquez Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Engineer: David Rick Assistant City Attorney: Jane Mobaldi APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the January 23, 2005 meeting. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS Chairperson Heineman asked Ms. Debbie Fountain, Directs the item on the agenda tonight. of Housing and RedevelopmenL^opresent Ms. Fountain stated the first item on the agepdSfis a Major Redevelopment Permit fofan office building in the village area. The presentation willbe^made by Cliff Jones, the Redevelopment Planner, assisted by Dave Rick from Engineering. Cliff Jones said the applicant, Bart Smith, on behalf of the property owrfer, Phil Salvagio, is requesting a Major Redevelopmer)Msermit for the construction of a two-story.X326 square foot commercial office building on property located at 955 Grand Avenue in Land/Wse District 3 of the Carlsbad Village Redevelopment/Area. The proposed project requires a Major/Redevelopment Permit because it involves new construction of a building that has a building permJKvaluation that is greater than $150,000. In DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 8 of 12 enhancement to an area that isn't necessarily made up of a planting bed. What we are sometimes forgetting is that we are somewhat trying to create a little bit of an urban environment and part of that urban environment is to introduce more of those pedestrian spaces. A planting bed doesn't necessarily create a pedestrian space and that is why I bring that up and that is something I think I'd like to have some consideration for in the future. Otherwise, I am supportive of this project. Chairperson Heineman said he is in support of the project. VOTE: 4-0-0 AYES: Heineman, Baker, Lawson, and Schumacher NOES: None ABSTAIN: None ABSENT: Marquez Ms. Fountain presented the next item which is another Major Redevelopment Permit to allow construction of a two-unit residential project. Again, Cliff Jones, our Redevelopment Planner, and Dave Rick, our Engineer, will present the project. Mr. Cliff Jones said the applicant, Eduardo Posada, is requesting a Major Redevelopment Permit for the construction of a 6,811 square foot, two-story, two-unit apartment project located at 786 Grand Avenue in Land Use District 2 of the Carlsbad Village Redevelopment Area. The proposed project requires a Major Redevelopment Permit because it involves new construction of a building that has a building permit valuation that is greater then $150,000. In accordance with the redevelopment permit procedures, the Major Redevelopment Permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The subject property is located at the corner of Grand Avenue and Jefferson Street. The subject property totals 9,000 square feet with building frontage along Grand Avenue and Jefferson Street and is currently occupied by a 956 square foot single-family residence. The project is bordered by a residential use to the north, to the west of the proposed project is a one-story medical office, a two-story office building sits on the property across Grand Avenue to the south, and the property across Jefferson Street to the east of the proposed project contains a single family structure, which was converted into a photography office use. As mentioned previously, the application is for a proposed two-story, two-unit apartment project totaling 6,811 square feet. The units are significantly setback from the street in order to reduce the massing of the building along Grand Avenue and Jefferson Street and to provide an abundance of landscaped open space for recreational purposes. To provide additional private recreational opportunities, each unit is equipped with a private roof deck. Access to the two units is to be provided off of Grand Avenue and parking is to be provided within the subterranean garage. The overall vision for the development of District 2 is to provide a continuation of Land Use District 1 through building scale and character while maintaining a pedestrian oriented environment. Staff believes that the proposed residential units assists in satisfying the goals and objectives set forth for Land Use District 2 through the following actions: • The project provides a desirable use that will improve the physical appearance of the area; • It will serve as a catalyst for future development; • The project is compatible with the surrounding area; • It increases the number, quality and diversity of housing types. The proposed project meets all of the required development standards outlined within the Village Master Plan excluding setbacks, which I will address shortly. DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 9 of 12 • The project provides for an abundance of open space and landscaping through reduced building coverage and setbacks; • The building height of the project is in compliance with the established standard set at the maximum of 35 feet; • Required parking of five spaces is provided through the use of a subterranean garage. In Land Use District 2, the front yard setback is 5 to 15 feet, the west side yard setback is 5 to 10 feet, and the east street yard setback is 10 feet. The rear yard setback is 5 to 10 feet. The proposed project falls within the required setback ranges except for the front and west side yard setback. The Design Review Board will be required to make appropriate findings for granting variances for the front and west side yard setback to exceed the maximum range of 15 feet in front and 10 feet on the side. It is noteworthy that staff is currently working on an amendment to the Carlsbad Village Redevelopment Master Plan subject to final approval by the Housing and Redevelopment Commission to allow for commercial and residential projects to exceed the maximum of the setback standard range with no variance requirement. It is also noteworthy that the Design Review Board has set prior precedence for granting variances to allow projects to exceed the maximum of the setback standard range. The necessary findings for the requested variances are included in the attached Design Review Board Resolution. Staff offers the following justification for granting the requested variances to exceed the front and side yard setback standards: • For variance finding number one, the justification is due to the location of the property being next to a commercial use and at a busy street corner; additional setback is required in order to protect the liability of the residence. The increased setback will be devoted to landscaping to help buffer the edge of the property and protect the livability for future residents. Providing the increased setbacks helps to increase the livability of the residential units and helps to make the project more compatible with the adjacent commercial office use. • Variance finding two's justification is by allowing the proposed setbacks, the subject property will more closely match the setbacks of the surrounding residential properties and adjacent office use. The granting of the variance will not constitute a granting of special privileges as a precedent has been previously set within the village redevelopment zoning for allowing residential projects to exceed the maximum of the standard range. • The justification for variance finding number three is that the variance does not authorize a use or activity which is not expressly authorized by the zone regulation governing the subject property as a multifamily use is a permitted use within Land Use District 2 within the Village Redevelopment zoning. Additionally, the increased setbacks are similar to the setbacks enjoyed by the surrounding properties under the same zoning designation. • The justification for variance finding number four is as follows. The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible, in order to encourage diversity and a variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. The placement of the building is setback similar to the surrounding properties allowing for increased landscape buffering, which is consistent with the Village Master Plan and Design Manual's goal of establishing Carlsbad Village as a quality living environment. The project is also consistent with the general purpose of the General Plan and the Carlsbad Village Redevelopment Master Plan. As I mentioned previously, these findings are contained within the attached Design Review Board Resolution. The proposed project is also consistent with the design principles outlined in the Village Design Manual. The project provides for an overall informal character in design. The project's architectural design is compatible with the surrounding neighborhood. The project incorporates several design features to achieve the desired village character including various sized windows with decorative trim, varied roof heights with slate composite shingles and a 5 and 12 roof pitch, wood trim, and decorative wood like siding is provided on the sides of the building. The project provides wood railings around the balconies, and the project provides complimentary stucco colors. DESIGN REVIEW BOARD MINUTES FEBRUARY 27,2006 PAGE 10 of 12 The project also provides for an abundance of open space and landscaping along all sides of the residence and provides low decorative stone veneer walls. Parking is visually subordinate contained within a subterranean garage. The Housing and Redevelopment Department has conducted an environmental review of the project pursuant to the guidelines for implementation of the California Environmental Quality Act, CEQA, and the Environmental Protection Ordinance of the City of Carlsbad. As a result of the said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA guidelines as an infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board Resolution. The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First the redevelopment of what was a previously underutilized lot will result in increased property taxes, and this increase in property tax will further result in increased increment to the Redevelopment Agency. Second, it is anticipated that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings through the construction of a quality, multifamily residential project. In conclusion, staff is recommending approval of the project with findings for variances for the front and west side yard setback to exceed the standard range. Development of the site 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. Board Member Baker asked about the six-foot high wall that would be on the Jefferson Street side. Do we have any examples anywhere in the village where we have a wall that high? I appreciate the need for the wall, but I am a little concerned there aren't walls anywhere else. How does that blend in with the consistency of the area? Mr. Jones said the wall was required for sound attenuation purposes. Staff spoke with the applicant and tried to figure out if there was an alternative to the wall and that was the best alternative they could find. We did request they provide windows so you could actually see through the wall and to try and make that wall as visually pleasing as possible. Board Member Baker added then that staff had the same concerns as well. Mr. Jones agreed that it was a concern of staff. We did our best to try and find a wall that was pleasing architecturally. Board Member Baker asked if that was a City of Carlsbad noise abatement rule or the village or where does that wall requirement come from? Ms. Fountain said they are actually required to do a noise study because they are in the area that requires that. Then there has to be recommendations on how to deal with the attenuation of noise there. They are on a busy corner, which is part of their problem. Staff did have a concern about walls. Typically we don't like to encourage walls around residential properties, and we usually do most anything we can to try to discourage them. If we don't have another good solution to that from the noise impact standpoint, then we have to require them and try to get the best design we can on them to try not to enclose properties. There is a requirement in the Master Plan for most areas, that if you are building commercial property next to residential property, you have to put in a six-foot wall. We had that issue come up on the last project. There is an office project that was recently constructed that is just to the north of this. There is a residential property and then that commercial property that does have the six-foot walls. It is one that causes us more concern on residential, but there wasn't another good solution to deal with that noise situation. Board Member Baker commented that those walls generally seem different because they are property line walls. The reason why this one caused concern for me is because it is along a sidewalk and it is along the DESIGN REVIEW BOARD MINUTES FEBRUARY 27, 2006 PAGE 11 of 12 busy thoroughfare as opposed to being walls that are running between property lines that aren't quite so noticeable. Ms. Fountain agreed that it is just an issue with it being a corner property that causes the concern. Board Member Lawson said he noticed on all of the elevations there appeared to be a good implication of abundance of planting. In looking at the plans, I notice that on the third floor there is reference to a planter, but actually on the second floor for all of the strip planning that is out front, I don't see any reference to that. I like the elevations and what they convey, but I am questioning if there is a strong enough commitment that those are going to be actual planters that are there. If you go to the second floor plans, there is no specific statement as to those being planter strips. That would be on plan sheet A2.3 where there is implication that there are planters there. There is no reference yet, but if you go to A2.4 where there is a roof deck, they do call it out as a planter box. I just want to make sure that those really will be there and are intended to be there. I am sure that they intended, but I'd like to make sure that they don't get overlooked down the road. Mr. Jones said correct, that is something staff did notice as well. They do call out the plant material in the landscape plan itself, but they didn't put a small pop out showing where it is on the landscape plan. The Board can add a condition of approval requiring those areas to be landscaped as depicted on the floor plans. Board Member Lawson said he is sensitive too because he knows it does require some special consideration on how those are built, waterproofed and all of that. If they are not as such stated on the building plans, then a lot of times the building doesn't bid it and then it ends up being left out and they are asking for a hard luck situation, certain drainage lines were not anticipated, therefore aren't there, etc. Eventually, they put in some plastic plants that look terrible. If you could just make sure that is included I would be appreciative of that. Mr. Jones said sure. ACTION: Motion by Board Member Baker, and duly seconded by Board Member Lawson, to adopt Design Review Board Resolution 307, recommending approval of RP 05-01 to the Housing and Redevelopment Commission, based on the findings and subject to the conditions contained therein. Board Member Schumacher said he likes the project. Board Member Baker said she likes the project. She is not as crazy about the wall around the side, but staff has convinced her it has to be. Board Member Lawson supports the project. He finds the architectural design very interesting. He hopes it has as much flair as it appears graphically because it is a nice addition to the village. Chairperson Heineman supports the project. VOTE: 4-0-0 AYES: Heineman, Baker, Lawson, and Schumacher NOES: None ABSTAIN: None ABSENT: Marquez DIRECTOR'S REPORT No report by the Director of Housing and Redevelopment. DESIGN REVIEW BOARD MINUTES FEBRUARY 27,2006 PAGE 12 of 12 ADJOURNMENT By proper motion, the Special Meeting of February 27, 2006, was adjourned at 7:01 p.m. Respectfully submitted, \_^jjs^& Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk September 22. 2008 TO: Lisa Hildabrand, City Manager FROM: Austin Silva, Redevelopment Dept. via Debbie Fountain, Housing and Redevelopment Director Housing and Redevelopment Commission-Item # 1 (AB # 410} ! have included a revised version of Housing and Redevelopment Commission Resolution No. 459 to be included with AB #410 due to a typographical error The original condition read that the expiration date was May 16, 2006 instead of May 16, 2008. Condition number one (1) should read as follows; 1 The Housing and Redevelopment Commission does hereby APPROVE a two (2) year extension of Major Redevelopment Permit 05-01 for the Corner Grand Avenue project to allow the applicant additional time to apply for and receive approval of the building permits for the subject project, subject to the conditions set forth in Design Review Board Resolution No. 307 dated February 27, 2006 and approved by the Housing and Redevelopment Commission on May 16, 2006. The permit shall be extended two (2) years from the date of the first permit expiration which is May 16, 2008 The new expiration date for the permit shall be May 16, 2010. In addition, the following standard Engineering conditions. Nos. 2 and 3 will apply to the project resulting from a change in storrnwater requirements since the original approval date of this project. Thank you Austin Silva' Assistant Planner C, City Clerk City Attorney 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REQUEST FOR A TWO-YEAR EXTENSION FOR MAJOR 4 I REDEVELOPMENT PERMIT NUMBER RP 05-01 FOR THE CONSTRUCTION OF A 6,811 SQUARE FOOT TWO-UNIT APARTMENT PROJECT ON THE PROPERTY LOCATED AT 786 GRAND AVENUE IN 6 LAND USE DISTRICT 2 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT 7 ZONE 1 INCLUDING VARIANCES FOR A FRONT AND SIDE YARD SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE.8 9 CASE NAME: CORNER GRAND AVENUE APN: 203-302-04 10 CASE NO: RP 05-Olxl 12 WHEREAS, Mullen Construction, "Applicant", has filed a verified application with the" 13 I Redevelopment Agency of the City of Carlsbad regarding property owned by Aminet Sharipova, "Owner", described as Assessor Parcel Number 203-302-04, and more thoroughly described in Attachment A, ("the Property"); and 16 WHEREAS, said application constitutes a request for an extension of a Major 17 Redevelopment Permit, known as RP 05-01 for the Corner Grand Avenue project originally I o 19 approved by the Housing and Redevelopment Commission on May 16, 2006; and 20 WHEREAS, the Housing and Redevelopment Commission did hold a duly noticed public 91 hearing as prescribed by law to consider said permit extension request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to the 24 extension of Major Redevelopment Permit 05-01. 26 27 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and 2 Redevelopment Commission as follows: 3 A. That the foregoing recitations are true and correct. 4 <- B. That based on the evidence presented at the public hearing, Housing and Redevelopment Commission hereby APPROVES an additional two (2) year 6 extension of Major Redevelopment Permit 05-01 for the Corner Grand Avenue project, based on the following findings and subject to the following conditions: 7 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:8 9 1. The Housing & Redevelopment Commission finds that the subject project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA 10 Guidelines as an infill development project on a site less than 5 acres in an urbanized area that has no habitat value and is served by adequate facilities. , 2 2. The project remains consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth within the Village Redevelopment Plan 13 and Village Master Plan and Design Guidelines, with approval of the findings set forth in Design Review Board Resolution No. 307 dated February 27, 2006 and approved by the 14 Housing and Redevelopment Commission on May 16, 2006. 15 CONDITIONS: 16 1. The Housing and Redevelopment Commission does hereby APPROVE a two (2) year 17 extension of Major Redevelopment Permit 05-01 for the Corner Grand Avenue project to allow the applicant additional time to apply for and receive approval of the building permits for the subject project, subject to the conditions set forth in Design Review Board ,n Resolution No. 307 dated February 27, 2006 and approved by the Housing and Redevelopment Commission on May 16, 2006. The permit shall be extended two (2) 20 years from the date of the first permit expiration which is May 16, 2008. The new expiration date for the permit shall be May 16, 2010. In addition, the following standard 21 Engineering conditions, Nos. 2 and 3 will apply to the project resulting from a change in slormwater requirements since the original approval date of this project. 23 2. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 24 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 26 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 27 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 28 HRC RESO NO. -2- "* Developer shall complete and submit to the City Engineer a Project Threat Assessment 2 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and 3 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC RESO NO. -3- NOTICE 9 'The time within which judicial review of this decision must be sought, or other exactions 3 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 6 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 7 to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 9 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." IOM PASSED, APPROVED, AND ADOPTED at a meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the day of 13 , 2008 by the following vote to wit: 14 AYES: 15 NOES: 16 ABSENT: ABSTAIN: 18 CLAUDE A. LEWIS, CHAIRMAN 20 ATTEST: 21 " 23 LISA HILDABRAND, SECRETARY 24 25 26 27 28 HRC RESO NO. -4- PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 13™, 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 15th, day of September, 2008 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE IS HEREBY GIVEN that the Housing & Re-development Commission of the City of Carlsbad willhold a Public Hearing in the City Council Chambers,1200 Carlsbad village Drive, Carlsbad, California, at6:00 PM on Tuesday, September 23, 2008, to con-sider approval of a request for an extension of a MajorRedevelopment Permit (RP 05-01), to allow the con-struction of a 6,811 square foot 2 unit apartmentproject, located at 786 Grand Avenue (APN: 203-3P"04) in Land Use District 2 of the Carlsbad Villar-'development Area. (This item was ~~~:—"" •for the Commission meeting of ~ Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. If youhave any questions please contact Austin Silva in theHousing and Redevelopment Department at (760)434-28T3. You may also provide your comments inwriting to the Housing and Redevelopment Depart-ment at 2965 Roosevelt Street, Suite B, Carlsbad; CA92008. 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 Departmentu ...—,„_, .^_.^_ -reject is categorically ex-[tr preparation of environ- r to Section 15332 of theState CEQA Guidelines as an infill developmentproject. If you challenge the Major RedevelopmentPermit in court, you may be limited to raising onlythose issues you or someone else raised at the publichearing described in this notice or in written corre-spondence delivered to the City Clerk, 1200 Carlsbadvillage Drive, City of Carlsbad at or prior to the publichearing. CASE FILE NO.: RP 05-01x1CASE NAME: CORNER GRAND AVENUE HOUSING & REDEVELOPMENT COMMISSION SITE Publish: September 13,2008 NCT 2174085 Easy Peel Labels Use Avery® TEMPLATE 5160® See Instruction Sheet j for Easy Peel Feature ^lAVERY®6241™ ! DAVID C MAZZILLI 750 ARBUCXLE PL CARLSBAD, CA 92008-1701 SONIA Y RUIZ 725 ARBUCKLE PL CARLSBAD, CA 92008-1702 TUCKER 2810 MADISON ST CARLSBAD, CA 92008-1733 MICHAEL K MURPHY 630 GRAND AVE I CARLSBAD, CA 92008-2364 PACKARD BUILDING PARTNERSHIP 725 GRAND AVE CARLSBAD, CA 92008-2331 CHIN & YU TSAI 2958 MADISON ST CARLSBAD, CA 92008-2359 WALKER-GILBERT 4350 HIGHLAND DR CARLSBAD, CA 92008-4225 LINDA M MEISSNER 1275 HOOVER ST CARLSBAD, CA 92008-4232 MAR VISTA 115 ACACIA AVE CARLSBAD, CA 92008-3202 FLETCHER CREDIT SHELTER 2002 5030 TIERRA DEL ORO CARLSBAD, CA 92008-4350 EDMOND T SHEHAB 2914 AUSTIN TER CARLSBAD, CA 92008-6885 BENCHMARK PACIFIC POINSETTIA 550 LACUNA DR B CARLSBAD, CA 92008-1698 BENCHMARK PACIFIC LTD II 550 LACUNA DR B CARLSBAD, CA 92008-1698 CARLSBAD CHRISTIAN ASSEMBLY 825 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2319 GEORGE W MERKLE 804 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-2318 SCANLON 7306 BORLA PL CARLSBAD, CA 92009-7802 SCARPELLI 929 ORCHID WAY CARLSBAD, CA 92011-4830 RUNDLE 1754 BLACKBIRD CIR CARLSBAD, CA 92011-5008 GORDON PO BOX 130065 CARLSBAD, CA 92013-0065 MOJTABA ESFAHANI 14824 VISTA DEL OCEANO DEL MAR, CA 92014-4146 WILLIAM V & ROSA DALY PO BOX 260 CARLSBAD, CA 92018-0260 WILLIAM LANPHEAR PO BOX 817 CARLSBAD, CA 92018-0817 JOHN J GIROUX PO BOX 1065 CARLSBAD, CA 92018-1065 PHYLLIS E NORMAN PO BOX 1395 CARLSBAD, CA 92018-1395 M & M G PO BOX 1667 CARLSBAD, CA 92018-1667 JEANENE ENTERPRISES INC PO BOX 2258 CARLSBAD, CA 92018-2258 ROGELIO S & KEELY ALBA PO BOX 2711 CARLSBAD, CA 92018-2711 KLETT PO BOX 4086 CARLSBAD, CA 92018-4086 TGMS INC PO BOX 230562 ENCINITAS, CA 92023-0562 PAUL & TERI RAPPAPORT 1460 RAVEAN CT ENCINITAS, CA 92024 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 5160® A Paper See Instruction Sheet j for Easy Peel Feature^lAVERY®6241™ ! KFC NATIONAL MANAGEMENT CO PO BOX 35370 LOUISVILL.E, KY 40232-5370 BANK OF COMMERCE 2800 E LAKE ST MINNEAPOLIS, MN 55406-1930 PGP CARLSBAD L L C PO BOX 13247 KANSAS CITY, MO 64199-3247 GREAT WESTERN BANK PO BOX 4900 SCOTTSDAL.E, AZ 85261-4900 DOROTHY METROS 919 N PECK AVE MANHATTAN BEACH,CA 90266 BRENT & DENISE BEAZLEY 16633 VENTURA BLVD 1030 ENCINO, CA 91436-1861 MCMILLIN CARLSBAD INVESTORS I 2727 HOOVER AVE NATIONAL CITY, CA 91950-6625 JACKSON 2504 MANCHESTER AVE CARDIFF, CA 92007-2134 CALVIN R & MALINDA PERKETT 812 HOME AVE CARLSBAD, CA 92008-1821 DANIEL & IRENE LOPEZ 928 HOME AVE CARLSBAD, CA 92008-1826 ADAN ME 1683 BRADY CIR CARLSBAD, CA 92008-1863 WAYNE & ANGELA WROLSTAD 880 HOME AVE D CARLSBAD, CA 92008-1863 DILL 880 HOME AVE E CARLSBAD, CA 92008-1800 KIMBERLY A YORK 880 HOME AVE G CARLSBAD, CA 92008-1800 MARY C ROTH 882 HOME AVE A CARLSBAD, CA 92008-1862 DANIEL J & ROSELLA CERDA 885 HOME AVE CARLSBAD, CA 92008-1817 CARLSBAD VILLAGE PROFESSIONAI 2945 HARDING ST 111 CARLSBAD, CA 92008-1818 TAGUE 3819 SKYLINE RD CARLSBAD, CA 92008-2744 WINDRUM 4230 CLEARVIEW DR CARLSBAD, CA 92008-3631 AMINAT SHARIPOVA 130 HEMLOCK AVE A CARLSBAD, CA 92008-8230 JOHNSON 4513 COVE DR 12 CARLSBAD, CA 92008-4213 JACK D PHILLIPS 2667 OCEAN ST CARLSBAD, CA 92008-2238 PARKER 3215 MAEZEL LN CARLSBAD, CA 92008-1131 JEFFERSON PROFESSIONAL BUILD! 2755 JEFFERSON ST 200 CARLSBAD, CA 92008-1714 TUPPER FAMILY 2785 JEFFERSON ST CARLSBAD, CA 92008-1718 BICAJESSEE ADVENTURES L 2815 JEFFERSON ST 300 CARLSBAD, CA 92008-1717 L C GENE S & MARGARET RAY 2959 JEFFERSON ST CARLSBAD, CA 92008-2333 ZULICK *M* 1687 BRADY CIR CARLSBAD, CA 92008-2574 GLENN GOLDMAN 2653 ROOSEVELT ST D CARLSBAD, CA 92008-1667 TOMMY J & GLADYS HARRIS 722 ARBUCKLE PL CARLSBAD, CA 92008-1701 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille ^instruction www.avery.com 1-800-GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 5160® See Instruction Sheet) for Easy Peel Feature4 1AVERY®6241™ ! DANIEL & DEBBIE DOLAN 903 SPRINGWOOD LN ENCINITAS, CA 92024-1909 PGP CARLSBAD SENIORS LTD II 1120 SILVERADO ST LA JOLLA, CA 92037-4524 ROBERT & BERNADE TOMKINSON 9404 GENESEE AVE 100 LA JOLLA, CA 92037-1353 TAMARACK PARK L L C PO BOX 669 POWAY, CA 92074-0669 CARLSBAD GRAND LLC 701 B ST SAN DIEGO, CA 92101-8101 MARILYN WILSON 4920 COLLINGWOOD DR SAN DIEGO, CA 92109-2243 E H S ENTERPRISES LLC 5553 TRINITY WAY SAN DIEGO, CA 92120-4503 SWYS CORP 8787 COMPLEX DR 100 SAN DIEGO, CA 92123-1467 VERMILYEA GSD 11620 KISMET RD SAN DIEGO, CA 92128-5024 MARK J NOLAN PO BOX 7045 SAN DIEGO, CA 92167-0045 NEAL T & CAROL BAKER 1875 BUSINESS CENTER DR SAN BERNARDIN, CA 92408-3416 ROOSEVELT TAMARACK INVESTMENT 6 VENTURE 215 IRVINE, CA 92618-7364 GOLL FAMILY 18 GETTYSBURG IRVINE, CA 92620-3266 ALLAN B DRESDNER PO BOX 56 CORONA DEL MA, CA 92625-0056 SOOHOO FAMILY 2506 LIGHTHOUSE LN CORONA DEL MA, CA 92625-1310 BE SAW 34382 STARBOARD LANTERN DANA POINT, CA 92629-2868 BANK OF CALIFORNIA LF LARSEN PO BOX 7788 NEWPORT BEACH, CA 92658-7788 PETER A & GEORGETTE ROCK 2421 S EL CAMINO REAL SAN CLEMENTS, CA 92672-3351 W & K THOMPSON 600 KALORAMA DR VENTURA, CA 93001-2095 ROBERT H SONNEMAN 52 EL SERENO CT SAN FRANCISCO, CA 94127-1816 PARKER 560 HIGHLAND DR DANVILLE, CA 94526-3711 *** 81 Printed *** Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille destruction www.avery.com 1-800-GO-AVERY PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 30th, 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 02nd, day of September, 2008 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of CITY OF CARLSBADNOTICE OF PUBLIC HEARINGCORNER GRAND AVENUE EXTENSION NOTICE IS HEREBY GIVEN that the Housing & Re-development Commission of the City of Carlsbad willhold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive Carlsbad, California, at1200 Carlsbad Village Drive Carlsbad, California, at6:00 PM on Tuesday, September 9, 2008, to con-sider approval of a request for an extension of a MajorRedevelopment Permit (RP 05-01), to allow the con-struction of a 6,811 square foot 2 unit apartmentproject, located at 786 Grand Avenue (APN: 203-302-04) in Land Use District 2 of the Carlsbad Village Re-development Area. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. If youhave any questions please contact Austin Silva in the Housing and Redevelopment Department at (760)434-28T3. You may also provide your comments inwriting to the Housing and Redevelopment Depart-ment at 2965 Roosevelt Street, Suite B, Carlsbad, CA92008. 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 thatlhe project is categorically ex-empt from the requirement for preparation of environ-mental documents pursuant to Section 1 5332 of theState CEQA Guidelines as an jnfill developmentproject. If you challenge the Major RedevelopmentPermit in court, you may be limited to raising onlythose issues you or someone else raised at the publichearing described in this notice or in written corre-spondence delivered to the City of Carlsbad at or priorto the public hearing. CASE FILE NO.: RP 05-01x1CASE NAME: CORNER GRAND AVENUE HOUSING & REDEVELOPMENT COMMISSION SITE NCT 2171546 Corner Grand AvenueHousing & Redevelopment CommissionSeptember 23, 2008 Extension RequestApplicant is requesting a two-year extension with an expiration date of May 16, 2010.Redevelopment Permit was originally approved on May 16, 2006.No changes are proposed to the approved project. Location MapSITE Subject Property Adjacent Property to the North Adjacent Property to the West Property to the South Property to the East Summary of Proposed DevelopmentTwo-story 2-unit Apartment Project Consistent with development standards.CEQA Exempt Building CoverageRequired: 60%-80%Proposed: 36%HeightRequired: 35’ w/ min 5:12 roof pitchProposed: 35’ w// 5:12 roof pitchOpen Space Required: 20%Proposed: 55%ParkingRequired: 5 spaces (2 spaces/unit & ½ guest space/unit)Proposed: 5 spaces (subterranean garage)Standards Compliance SetbacksRequired: Front: 5-15 feetWest Side: 5-10 feetEast St. Side: 10 feet minimumRear: 5-10 feetProposed:Front: 18 feet*West Side: 12 feet*East Side: 10 feetRear: 10 feet* Variances required to exceed front & west side yard setbacks12 ft.18 ft.10 ft.10 ft. Project Design Project Design Proposed Project:Provides desirable useCompatible with surrounding area.Serve as catalyst for future developmentIncreases number, quality, and diversity of housing types within the Village.Goals & Objectives of Land Use Plan Environmental ReviewProposed project is an infill development project and is exempt from CEQA review.No comments received. Staff RecommendationStaff is recommending approval of the two-year extension for the Redevelopment Permit (RP 04-23).