HomeMy WebLinkAbout2000-01-24; Design Review Board; Minutes-
DESIGN REVIEW BOARD January 24,2000
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Page 1
Minutes of: Time of Meeting:
Date of Meeting:
Place of Meeting:
DESIGN REVIEW BOARD
6:OO P.M.
January 24,2000
CITY COUNCIL CHAMBERS
CALL TO ORDER:
Chairperson Compas called the Regular Meeting to order at 6:OOpm
PLEDGE OF ALLEGIANCE:
Board Member Lawson led the Pledge of Allegiance
ROLL CALL:
Present: Chairperson Compas, Members Marquez, Heineman, Marois, Lawson
Absent: None
Staff Present: Deborah K. Fountain, Housing and Redevelopment Director
Lori Rosenstein, Management Analyst
David Rick, Engineering Technician II
APPROVAL OF MINUTES:
October 25, 1999
ACTION: Motion by Board Member Heineman, and duly seconded, to approve the
minutes of the meeting of October 25, 1999 as presented, with minor
typing corrections given to staff by Committee member Lawson.
VOTE: 5-0-0
AYES:
NOES: None
ABSTAIN: None
Compas, Heineman, Marois, Marquez, Lawson
Chairperson Compas reviewed the procedures that would be followed for this public hearing.
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no comments from the audience.
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DESIGN REVIEW BOARD January 24,2000 Page 2
PUBLIC HEARINGS:
1. RP 94-03 - “PARK LAGUNA APARTMENTS” : Request for a Major Redevelopment
Permit to allow the construction of a ten (10) unit apartment project including variances
for front, side and rear yard setbacks to exceed the maximum range; findings to allow for
a reduced front yard setback to a number within the acceptable range; the establishment
of the RH General Plan density designation; and a density increase to exceed the
established Growth Management Control Point in exchange for the provision of one
affordable housing unit on property located at 2530 State Street in Land Use District 4 of
the Carlsbad Village Redevelopment Area.
Management Analyst, Lori Rosenstein made the following presentation: The applicant, Judson
Pittam, submitted a Major Redevelopment Permit application for a ten-unit apartment project for
property located at 2530 State. The property is bordered by State Street to the west, Laguna
Drive to the north, a vacant lot to the east and residential units to the south. The location serves
as a predominant focal point for residents and visitors entering Carlsbad Village from the north.
The site is currently vacant and enclosed by a chain-link fence, with a five and a half-foot high
retaining wall located at the northwest corner. The property was last used as an equipment rental
site.
In addition, stated Ms. Rosenstein, the site of the proposed project is located within Land Use
District 4 of the Village Redevelopment Area. In Land Use District 4, multi-family residential use
is permitted. District 4 has in the past has been predominantly a commercial, service and light
industrial area, featuring automotive repair, building services and other uses characterized by
large outdoor storage. Blighted conditions have been very apparent on the west side of State
Street along the railroad right-of-way.
The intent of the current Land Use Policy is to provide for gradual transition in this district to a mix
of higher quality commercial and residential uses. This will provide a positive support for the
Village Center District 1, and re-enforcement the Village area north of Beach Street as a quality residential neighborhood. It is Staffs position that the proposed project is consistent with this
policy.
Ms. Rosenstein referred to slide presentation, stating that the proposed project consisted of a
three-story building with security features, an elevator, and enclosed trash bins. The first floor
includes a lobby fronting on State Street, a multi-use room with full size washer and dryer, as well
as individual washer and dryer being provided in each unit, ten single car garages and ten open
parking spaces for residents. On the front off of Laguna Drive, there will be five covered guest-
parking spaces. The second and third floors each contain one 1 bedroom/l bath unit and four 2
bedrroml2 bath units. The one-bedroom units are 850 square feet and the two-bedroom unit‘s
range from 1,170 square feet to 1,400 square feet. A 24-foot wide driveway off Laguna Drive
provides vehicular ingress and egress to the project. Guest parking is located under the building
on both sides of the drive aisle. The plans currently show a roll-up security gate permitting tenant
only access, at the front of the onsite parking area. The Engineering Department is requesting
that the gate be deleted from the plans for lack of turn around space. Resident parking spaces will not be visible from the public streets and the covered guest parking spaces will be mostly
screened from public view. The project has been designed to minimize the pedestrian vehicular
conflicts along State Street, by limiting vehicular access to the site from Laguna Drive only. The project will provide for the replacement and extension of curbs, gutters and sidewalks along both
public streets fronting the property. Additionally, the retaining wall along the front of the property
will be removed and replaced with gradually slopping landscape to prepare a more pleasant
entryway into the Village.
DESIGN REVIEW BOARD January 24,2000 Page 3
The proposed project meets the Development Standards set forth in the Master Plan for parking,
building height, building coverage and open space as set forth in Land Use District 4. In addition,
the project has been designed with front, rear and side yard setbacks that are at or above the
high end of the setback range. The only portion of the structure that is less than 10 feet from the
four property lines, is a portion of two decks on the second and third floors along the northeast
corner of the property. The decks are approximately 8 feet from the front property line. This is
within the front yard setback range of zero to ten feet set forth for Land Use District 4. The
necessary findings to support a reduction in the front yard setback to a number within the range
have been included in Design Review Board Resolution #272. The resolution also contains the
required findings to grant a variance to permit portions of the building to be setback further in the
high end of the setback range. This is presently a technicality in the Master Plan, which Staff is
hoping to eliminate in the future. Essentially, Staff supports the granting of the variance because
the varied setbacks along State Street and Laguna Drive allow for greater architectural
articulation, resulting in a building that maintains a strong street presence, yet is visually
interesting and appealing. It is anticipated that the adjacent properties to the south and the east
will be developed with similar residential uses. The increased setback on the south and east
sides of the property create a greater separation between the proposed project and that which
may be developed on both of the adjoining lots. Staff feels that this increased separation would
help protect the livability of the proposed residential development and that, which may be
developed in the area. Staff believes that the increased setback is consistent with the area and
will re-enforce the Village character.
Ms. Rosenstein stated that the proposed project is consistent with the design principles outlined
in the Village Master Plan and design manual. The project has provided for an overall informal
character and design. The architectural design provides for variety and diversity through varying
roof features, open decks, building articulation on all elevations, and varied building setbacks.
Landscaping along both street frontages and the ability of each of the tenants to add flower boxes
or landscape planters to their individual balconies adds to the variety and diversity of the design.
The building has a strong relationship to the street, in that it is physically located in close
proximity to the public right-of-way and enhances pedestrian orientation, by providing an
enhanced landscape area at the corner of State and Laguna Drive. The parking is visually
subordinate and is located within a fully enclosed parking structure or screened from public view.
A summary of the projects’ design features, as they relate to the design guidelines set forth in the
Master Plan, have been provided in Exhibit 5 to the Staff Report. In addition, the applicant has
submitted a color and materials board for review by the Design Review Board.
The most unique aspect of the project is the need to establish a density. The Village Master Plan
does not establish density ranges for any residential projects within the redevelopment area. The
Village Master Plan and Design Manual, sets forth the need to establish compatibility, therefore
Staff and subsequently the Design Review Board has been placed in a position, where they must determine the project density based on that which exists in the surrounding area and determine
from that a General Plan designation that is already established by the Carlsbad General Plan,
that would be appropriate to apply to that particular site. Maximum project density may not
exceed the Growth Management Control Point for the applicable density designation, unless a
density increase or a density bonus is granted in accordance with the Carlsbad Municipal Code.
After considering the goals and objectives of the Village Redevelopment Area, the vision for Land
Use District 4 and surrounding land uses, Staff is recommending a high density residential
designation for the subject property. The residential designation density would be RH with 15 to
23 dwelling units per acre being the corresponding density. The Growth Management Control
Point for this density range is 19 dwelling units per acre. The project‘s density pencil’s out to 22.2
dwelling units per acre, which exceeds the Growth Management Control Point, but is within the
density range. Staff supports the establishment of the RH General Plan density designation on
the subject property for the following reasons: 1 .)The density is compatible with the surrounding
area, which contains a variety of uses, i.e. residential, commercial, office, retail and light
industrial. Residential uses in this area range from single family residential to multi-family and
high-density senior apartment complexes. The RH General Plan density designation allows for
DESIGN REVIEW BOARD January 24,2000 Page 4
the construction of a project that the staff feels is compatible with the mixture of the surrounding
uses in terms of size and scale. 2.) The RH General Plan density designation serves to satisfy the
goals of the Village Master Plan, by increasing the number, quality, diversity and affordability of
housing units within the Village. 3) The RH General Plan density designation serves to satisfy the
objectives of Land Use District 4, by increasing the number of residential units in close proximity
to shops, restaurants and the commuter rail station.
As stated previously by Ms. Rosenstein, the Design Review Board and Housing and
Redevelopment Commission have the authority to grant a density increase above the established
Growth Management Control Point in accordance with the Carlsbad Municipal Code, through the
approval of a Site Development Plan. The plan submitted for the Redevelopment Permit serves
as the required Site Development Plan. Under the Site Development Plan approval via the
General Plan the City can grant a density increase and improve a reduced Development
Standards for the project because it provides for one affordable housing unit as part of the larger
project. Staff is recommending approval of the density increase and the necessary findings to grant approval of the increased density through the Site Development Plan process have been
incorporated into the Design Review Board Resolution #272. These findings include the project’s
compatibility with the surrounding Land Uses, the availability of public facilities, sewer, water and
other public improvements which are currently in place and adequate to serve the proposed
development. The projects proximity to a freeway, Inter-State 5, major roads, Carlsbad Blvd and
Carlsbad Village Drive, parks and Village commuter rail station and the transit station.
All residential projects within the Village Redevelopment Area are subject to the City’s
lnclusionary Housing Requirements and requirements imposed by Redevelopment Law.
Redevelopment Law sets forth that 15% of housing units must be affordable to low and moderate
income household, of which not less than 40% must be affordable to very low income
households. Projects consisting of 6 or fewer market rate units may pay an in-lieu fee rather than
constructing a unit. In order to satisfy the lnclusionary Housing requirements for the project, the
applicant is proposing to reserve one 1-bedroom unit on the second floor. The unit would be
deed restricted for the economic life of the project. The deed restriction would require that the
unit be reserved for a low-income household, in accordance with the definition set forth in the
Carlsbad Municipal Code. The applicant is proposing to provide one affordable housing unit and
pay an in-lieu fee, thus satisfying the 1.5 lnclusionary Housing requirement for the project.
The Planning Department has conducted and completed the Environmental Review for the site,
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 Staffs review, a
Mitigated Negative Declaration was issued for the subject property and made available for public review. No comments were received on the document. Adoption of Design Review Board
Resolution #272 will recommend approval of the Mitigated Negative Declaration and
corresponding Mitigated Monitoring Program to the Housing and Redevelopment Commission for
their final approval.
In conclusion, Ms. Rosenstein stated that based on the information presented, Staff is
recommending approval of this project with the following:
1. Findings to grant the requested variances to exceed the setback range on the front side and
rear.
2. Findings to allow a front yard setback to be reduced to a number within the established range, for the two decks on the front of the project to encroach into the setback range of 0 to
10 feet.
3. Findings to establish the RH General Plan density designation for the project.
DESIGN REVIEW BOARD January 24,2000 Page 5
4. Findings to grant a density increase over the Growth Management control point in exchange
for one affordable housing unit.
For the record Ms. Rosenstein stated that the Housing and Redevelopment Department has
received two letters since the distribution of the Staff Report. The letters were made available to
the Design Review Board. In summary, the first letter was from Rodrick McMann, who owns the
Western Family Building, which is immediately west of the subject site. Mr. McMann expressed
concerns regarding pedestrians and cyclist using his property to gain access to the east walkway
on Carlsbad Blvd. The letter was turned over to the City Attorney and Risk Management for
review. Mr. McMann’s concern is that there are no public improvements, that go around the
corner from the west side of State Street and curve to the east side of Carlsbad Blvd. These are
public improvements that are not necessarily tied to this project. Staff will look for improvements
on a future Capital Improvement Project, as well as the input from Risk Management. The
second letter is from Mrs. Thelma Hayes, which was distributed with the first staff report. She expressed her support for the project. Mrs. Hayes submitted an addendum to her original letter
stating, if the applicant does choose to do a condo conversion in the future, she supports that
also.
DISCUSSION:
Board member Lawson asked for clarification regarding the security gate.
David Rick, stated that the City Standards require that the project have adequate turn around
space for vehicles. Under the current design there is no place for backup of vehicles, when
someone is waiting at the gate or trying to enter a guest parking space. If all of the guests parking
spaces are full there is no way for a car to access Laguna Drive in a forward position. Removing
the gate would provide adequate turn around space.
Board member Marois wanted to know what would prevent a person from backing out on Laguna
Drive, even if the gate were removed.
David Rick stated nothing could prevent a driver from backing out. Removal of the gate gives the
drivers the opportunity to use the turn around space.
Board member Marois asked if there would be a sign directing drivers not to back out.
Chairperson Compas indicated that a sign stating “DO NOT BACK OUT’, would be an excellent
idea.
David Rick commented that a sign could be added.
Chairperson Compas voiced concerns regarding the letter from McMann.
Ms. Rosenstein stated that the issue was the nexus between the public improvements that are
required for this project and all other development projects. What Mr. McMann is requesting
would be a City Capital Improvement Project, which has been discussed several times in the past
regarding various issues in that area.
Chairperson Compas asked if that should be treated as part of their deliberation.
Ms. Rosenstein remarked that she was not sure the Board could condition the applicant to
provide those public improvements to satisfy something that is occurring on neighboring property.
Chairperson Compas asked the applicant to make a presentation.
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DESIGN REVIEW BOARD January 24,2000 Page 6
Judson Pittam, 5658 Etiwanda Avenue, Tarzana, California 91 356, stated that the project spoke
for itself and thanked staff for an excellent presentation. Addressing the issue of the security
gate, he stated that the Engineering Department had a good point. Because there is a grade and
near the intersection, they do not want people backing out onto Laguna Drive under any
circumstances. He stated that he has agreed to eliminate the security gate. Provisions will be
made to secure the secondary stairways. Mr. Pittam remarked that his primary concern is to
secure the building. The lobby is secured. No one will be able to enter the building without a key
or without calling a tenant to let him or her in. He has agreed to omit the security gate, as long as
the building can be secured.
Board member Lawson voiced concerns regarding landscaping, wanting assurances that more
and larger materials would be used in order to be consistent with the area.
Mr. Pittam stated that the project would not disturb existing trees that were not on his site and
hoped that the future developer of the site of that adjacent property would retain the trees
because it forms a backdrop for this project. He stated that the landscape architect could best
address the issue further.
Robert Wilkerson, 2150 West Washington Suite 102, San Diego, California, stated that to fit into
the neighborhood the project should have mature trees. The concept plan for the project calls for
trees that are larger than the minimum. He indicated that every attempt would be made to
upgrade from that point, so that at least the trees that are in front are of a mature nature.
PUBLIC TESTIMONY
As there was no other public testimony, Chairperson Compas closed the public hearing.
Board member Lawson indicated his support for the project. He did however have some
fundamental questions as related to the Master Plan and mixed used. He wanted to know staffs’
process in making determinations.
Ms. Rosenstein stated that the special opportunity section of the Master Plan provided examples
to the public, to potential developers and to staff of what a potential project could look like on any
particular site. This site was vacant, highly visible and a perfect redevelopment opportunity. The
consultant that did the Master Plan used property such as this to take into consideration the
development standards for that particular district and therefore came up with a conceptual plan of
what something might look like on this particular site. She stated that a thin line was being
walked between what the market dictates, what the economy dictates, and what the Master Plan
allows. As new projects come in, the special opportunity section is looked at and developers are
asked if they have considered the different options listed in the special opportunity section of the
Master Plan.
Board member Lawson stated that there was a great deal of emphasis because this project was located in the gateway to the Village. He wanted assurances that the balconies would be
monitored in order to prevent unsightliness, i.e. no storage of large items.
Ms. Rosenstein stated that if it were a condo project it could be written in the CC&R to limit the items that could be placed on the balconies. It could be added as a condition of approval, but the
issue of actual enforcement is something quite different.
Chairperson Compas suggested that a condition be added and that the owner be requested to
enforce the condition.
DESIGN REVIEW BOARD January 24,2000 Page 7
Board member Marois stated that a condition should be added that the owner would monitor the balconies, making sure that inappropriate items are not stored on the balconies
Board member Heineman supported establishing conditions that would keep the balconies from
becoming eyesores. He stated that the project was excellent because it added residential units to
the Redevelopment Area and he supports it.
Chairperson Compas wanted to know how it would be determined that the lnclusionary Housing
would be maintained.
Ms. Rosenstein stated as a condition of approval in the Resolution the applicant will be required
to enter into an affordable housing agreement, which becomes a deed restriction on the property.
Chairperson Compas wanted to know who would enforce this.
Debbie Fountain, Director of Housing and Redevelopment stated that the applicant was required
to submit annual reports to the Housing and Redevelopment Department verifying that the
tenants in that unit income qualify for affordable housing and that the rent is appropriate.
Board member Marquez voiced concerns regarding the variances related to the balconies; Le.
how many balconies along Laguna Drive need the variance.
Ms. Rosenstein explained that it was not necessarily a variance. A variance is required for all of
the setbacks on all sides that exceed the highest end of the setback range. The Master Plan
requires that findings be made, not necessarily variance findings, i.e. findings to go from the high
end of the range to the lower end. There are two balconies on the northeast corner of the lot, one
on the second floor and one right above it on the third floor. A corner of the balcony encroaches
into the set back, approximately 8 feet from the front property line. The setback range in the front
is zero to ten feet.
Board member Marquez asked if the colors were appropriate for the design manual. She asked if
the colors were earth tones.
Ms. Rosenstein asserting that colors are very subjective, it would be up to the Design Review
Board to make that determination.
Ms. Rosenstein stated that the colors in the Master Plan were only guidelines, not actual
requirements. Neutral colors are desired, but this is subjective.
Chairperson Compas asked which color represented the roof color.
The color samples indicated that the roof color was a dark slate gray.
Chairperson Compas noted that the December 16, 1999 proposal of the project included a
recommendation, but tonight's supplement did not have a recommendation. He asked for
assistance from staff in making the Motion.
Ms. Rosenstein explained that the wording in the agenda could be used, because it was the
actual recommendation.
Board member Marois voiced her support of the project. She did voice concern because this
residential property may be setting a precedent, but she did not believe a total residential area
was the intent of the Development Plan.
Board member Lawson hoped that in the future applicants meeting with staff would be sensitive
to the needs of having multi-use projects in the Village.
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DESIGN REVIEW BOARD January 24,2000 Page 8
Ms. Rosenstein explained that Staff did try to push applicants in certain directions, when there is
something specific that Staff would like to see on a site.
MAIN MOTION: Motion by Board Member Heineman, and duly seconded, adopt
Design Review Board Resolution No. 271 recommending
approval of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and adopt Design Review
Board Resolution No. 272, recommending approval of RP99-03
to the Housing and Redevelopment Commission based on the
findings and subject to the conditions contained therein.
VOTE: 5-0-0
AYES:
NOES: None
ABSTAIN: None
Compas, Marquez, Marois, Lawson, Heineman
AMENDMENT:
ACTION: Motion by Board Member Marois, and duly seconded, to amend
the Resolution, stating that the owner of the property will be
responsible for monitoring balconies, ensuring that balconies are
not used to display towels, clothes, etc. and no storage of large
items, which are taller than the balcony railing.
VOTE: 5-0
AYES:
NOES: None
ABSTAIN: None
Compas, Marquez, Lawson, Heineman, Marois
Chairperson Compas asked the applicant if he was in agreement with the amendment.
The applicant indicated that the amendment was acceptable. He stated that the balconies were
designed with solid balcony rails, which means that items behind the rail and below it can not be
seen.
Chairperson Compas closed public hearing.
CHAIRPERSON REPORT:
None
DIRECTOR REPORT:
Ms. Fountain welcomed Assistant City Attorney Jane Molbaldi.
December 31,2000.
Rich Rudolf retired as of
Ms. Fountain was not certain if there would be a meeting of the Design Review Board in
February.
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DESIGN REVIEW BOARD January 24,2000 Page 9
Referring to the pole sign issue, Ms. Fountain indicated that the City Council directed the Design
Review Staff to look at the regulations and research other City’s regulations regarding pole signs
and propose possible regulations to allow pole signs under certain circumstances. This report will
be brought before the Design Review Board, who will make decisions at that point.
ADJOURNMENT:
By proper motion, the Regular Meeting of January 24, 2000 was adjourned at 7:20 p.m.
Respectfully submitted, n
DEBBIE FOUNTAIN
Director of Housing and Redevelopment
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRllTEN MINUTES ARE
APPROVED.
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A SUPPLEMENTAL REPORT TO THE DESIGN REVIEW BOARD
ITEM NO. 1
DATE: January 24,2000
SUBJECT: RP99-03 - “PARK LAGUNA APARTMENTS”: Request for a Major
Redevelopment Permit to allow the construction of a ten (IO) unit apartment
project including variances for front, side and rear yard setbacks to exceed the
maximum range; findings to allow for a reduced front yard setback to a number
within the acceptable range; the establishment of the RH General Plan density
designation; and a density increase to exceed the established Growth
Management Control Point in exchange for the provision of one affordable
housing unit on property located at 2530 State Street in Land Use District 4 of
the Carlsbad Village Redevelopment Area.
The following provides a supplemental report on the Park Laguna Apartment project for
Design Review Board consideration during the continued public hearing to be held on January
24. 2000.
BACKGROUND
This item was originally scheduled for a special meeting of the Design Review Board to be held
on December 16, 1999. However, due to the lack of a quorum the meeting was canceled and
the item was continued without discussion to the next regularly scheduled meeting of the
Design Review Board. There were some last minute changes to the project that took place
immediately proceeding the December 16, 1999 meeting, which prevented staff from discussing
them in the staff report (dated December 16, 1999) and corresponding resolution. The purpose
of this supplemental report is to provide an explanation of those changes for consideration by
the Design Review Board at the public hearing to be held on January 24, 2000.
The most recent issues affecting the project which were not addressed in the December 16,
1999 were the change from condominiums to apartments and the addition of the following
conditions to Design Review Board Resolution No. 272:
Engineering Conditions:
12. The entry “roll-up grill” gate as shown on Exhibits “A” and “By’ is prohibited and
shall be deleted from the final set of mylars and building plans.
13. Prior to the issuance of the building permit, an adjustment plat must be recorded to
consolidate Parcel I and 2 as described under the legal description on Exhibit “A”.
PARK LAGUNA APARTMENTS - RP 99-03
JANUARY 24,2000
PAGE 2
Engineering staff has recommended the addition of Engineering Condition No. 12 to Design
Review Board Resolution No. 272 to remedy potential circulation conflicts on-site. It is the
position of the Engineering Department that the presence of a gate at the entry to the on-site
tenant parking structure presents a safety hazard. The presence of a gate prevents a guest
from turning around and exiting the property in a forward position if all five (5) guest parking
spaces are occupied. The traffic volume on Laguna Drive and the proximity of the driveway to
the intersection of Laguna Drive and State Street contribute to the safety hazard if a vehicle is
forced to back out onto the public street. By eliminating the entry gate, access to the turn
around space at the rear of the property is provided.
Engineering staff has also recommended the addition of Engineering Condition No. 13 to
Design Review Board Resolution No. 272. This condition requires the consolidation of the two
legal lots that presently make up the proposed site. This is a standard condition to prevent
construction over an existing lot line. The original project consisted of a condominium project,
in which case the existing lot configuration would have been replaced by the required tentative
tract map. When the project was changed from condominiums to apartments it became
necessary to add the standard condition.
Both engineering conditions have been incorporated into the attached revised Design Review
Board Resolution No. 272. In addition, an engineered site plan has been added to the
previously distributed list of exhibits and is labeled Exhibit “F”. Engineering staff requested the
addition of this exhibit to show, in greater detail, future street and drainage improvements.
As previously stated and as evidenced by the exhibits which identify the project as “Park
Laguna Condos”, this project was originally submitted as a condominium project. Currently, the
Village Redevelopment Master Plan requires all residential units proposed for separate
ownership to comply with the development standards and design criteria set forth by Planned
Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code. The proposed project
does not meet all of the development standards and design criteria required by the Planned
Development Ordinance, therefore staff could not support approval of the project. In order to
gain staff support, the applicant chose to change the project to apartments which could be
approved under current standards.
As a point of information, in the very near future, staff will be proposing an amendment to the
Master Plan to eliminate or modify the requirement for residential units proposed for separate
ownership to comply with the Planned Development Ordinance. The primary reason staff
supports the proposed amendment is that the current standards have discouraged multi-family
projects under separate ownership from being proposed in the redevelopment area. The
reason for this is that many of the design criteria and development standards in the Planned
Development Ordinance can only be accommodated on larger lots and it is essentially
impossible to meet all the criteria on the smaller lots that dominate the redevelopment area. If
the Master Plan Amendment receives Housing and Redevelopment Commission approval, the
applicant may return at a later date with a request to convert the proposed apartment project to
condominiums under any revised regulations. Approval of the proposed apartment project will
afford the applicant the opportunity to move forward with the development phase of the project.
General Condition No. 7 in Resolution No. 272 requires that all the exhibits be modified to
reflect the final decision of the Housing and Redevelopment Commission. Therefore, all
references to “Park Laguna Condominiums” will be removed and replaced by “Park Laguna
Apartments”.
P PARK LAGUNA APARTMENTS - RP 99-03
JANUARY 24,2000
PAGE 3
CONCLUSION
Staff continues to recommend approval of this project. The. project will provide a highly
desirable residential use in Land Use District 4 and will assist in fulfilling the goals and
objectives of the Carlsbad Village Master Plan and Design Manual. Attached for your
information is a copy of a letter from Thelma I. Hayes supporting Park Laguna Apartments.
EXHIBITS:
A. Revised DRB Resolution No. 272, recommending approval of RP 99-03.
6. Original Design Review Board report, dated December 16, 1999 with attachments.
C. Correspondence from Thelma 1. Hayes, dated December 16,1999.
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EXHIBIT A - -
DESIGN REVIEW BOARD RESOLUTION NO. 272
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
APARTMENT PROJECT ON PROPERTY LOCATED AT 2530 STATE
STREET IN LAND USE DISTRICT 4 OF THE VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1.
CASE NAME: PARK LAGUNA APARTMENTS
REDEVELOPMENT PERMIT NUMBER RP 99-03 FOR A TEN (1 0) UNIT
APN: 203-101-32 & 203-101-33
CASE NO: RP 99-03
WHEREAS, Park Laguna, LLC, a California Limited Liability Company, “Developer”, has
filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad
regarding property it owns, and known as Assessor Parcel Numbers 203-101-32 and 203-101-33 and
more thoroughly described in Attachment A, (“the property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit,
including: variance requests for front, rear and side yard setbacks to exceed the maximum range and to
allow for a reduced front yard setback to a number within the acceptable range; the establishment of
the RH density range (1 5-23 dwelling units per acre) for the property; and a density increase to exceed
the established Growth Management Control Point in exchange for the provision of one affordable
housing unit; and Site Development Plans for the entire multi-family residential project and the
affordable housing unit, all as shown on Exhibits A-F, dated December 16, 1999, on file in the
Housing and Redevelopment Department, “Park Laguna Apartments RP 99-03”, as provided by
Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 24th day of January, 2000, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing on the 24th day of January, 2000, upon hearing and
considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered
all factors relating to “Park Laguna Apartments RP 99-03”
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows:
DRB RES0 NO. 272
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A.
B.
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Design Review Board
RECOMMENDS APPROVAL of Park Laguna Apartments Rp 99-03, based on the
following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board finds that the project, as conditioned herein and with the findings
contained herein for setback variances, the establishment of the RH density designation
for the project, and the granting of a density increase to exceed the Growth Management
Control Point, is in conformance with the Carlsbad Municipal Code, the City’s General Plan,
the Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual
based on the facts set forth in the staff reports dated December 16, 1999 and January 24,
2000 including, but not limited to the following:
a.
b.
C.
d.
e.
f.
The project will provide for a permitted use (multi-family residential) in an
appropriate location within Land Use District 4 of the Village Redevelopment
Area.
The project is consistent with the land use plan, development standards for Land
Use District 4, design guidelines, and other applicable regulations set forth in the
Village Master Plan and Design Manual, with the exception of the requested
variances.
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
improved to serve the development. The pedestrian spaces and circulation have
been designed in relationship to the land use and available parking. Pedestrian
circulation is provided through pedestrian-oriented building design, landscaping,
and hardscape. Public facilities have been or will be constructed to serve the
proposed project. The project has been conditioned to develop and implement a
program of “best management practices” for the elimination and reduction of
pollutants which enter into and/or are transported within storm drainage
facilities.
The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is being developed on a vacant lot which has
appropriate zoning for a multi-family residential use. The project is also
consistent with the Open Space requirements for new development within the
Village Redevelopment Area.
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.
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
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2.
enter into an Affordable Housing Agreement to provide and deed restrict one (1)
dwelling unit as affordable to low income households and pay an in-lieu
affordable housing fee for the remaining portion (.5) of the inclusionary housing
requirement.
The Design Review Board finds as follows to allow for variances for front, side, and rear
yard setbacks that exceed the standard range:
a.
b.
C.
d.
e.
That the application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development inconsistent
with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
that strict adherence to the setback standards would result in a very boxy and
massive structure. The increased setbacks on portions of the front, sides and rear
of the property allows for greater architectural interest and serves to break up
the mass of the building, which is in keeping with the general purpose and intent
of the Carlsbad Village Redevelopment Plan.
That there are exceptional circumstances or conditions unique to the property or the
proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that the
project is the first multi-family residential project proposed in this portion of the
redevelopment area. This unique condition applicable to the proposed use
establishes certain needs for livability, Strict adherence to the lower setback
standards reduces the livability of the project. The increased setback standards
create a greater sense of the open space that is essential for increasing the
livability of the project.
That the granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area, in that the
increased setback standards reduce impacts to surrounding properties. The
setbacks above the maximum range will not have a detrimental impact on
neighboring properties because other properties along State Street and Laguna
Drive have setbacks that exceed the maximum allowed. The increased setback
along State Street and Laguna Drive actually assists in the effort to create a more
visually appealing building within the front elevation. The increased setback
along the side and rear property lines enables more on-site parking without
expanding the mass of the building, therefore reducing the impact on
neighboring properties to the east and south.
That the granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that those standards were intended to be
somewhat flexible in order to encourage diversity and variety of development.
The portions of the project that exceed the standard range do not create a
situation which contradicts the intent of the standards established in the subject
document.
The subject project is in a location that has varying setbacks. The property to the
south is setback further from State Street than the proposed project. The
property to the east is currently vacant, but the property owner has discussed
with staff a willingness to develop the property as a multi-family condominium
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3.
4.
f.
project with similar setbacks as the proposed project. Across Laguna Drive there
is an existing park, which contributes to the sense of open space, and residential
units which have been previously converted to office space, all of which maintain
greater setbacks than that which are proposed for the subject project. The
varied setbacks along State Street and Laguna Drive allow for greater
architectural articulation, resulting in a building that maintains a strong street
presence yet is visually interesting and appealing.
It is anticipated that the adjacent properties to the south and east will be
redeveloped as similar residential uses. The increased setback on the south and
east sides of the building create a greater separation between the proposed
project and that which may be developed on both adjoining lots. This increased
separation would help protect the livability of the proposed residential
development and that which may be developed in the area. Therefore, the
increased setback is consistent with the area and will reinforce the Village
character.
The Design Review Board finds as follows to allow for a reduced front yard setback to a
number within the acceptable range to allow for one deck on the northeast corner of the
second story and one deck on the northeast corner of the third story to be located 8 feet
from the front property line:
a. The reduced standard will not have an adverse impact on surrounding properties in
that the reduced standard is along the front of the property and the only property
that has the potential for impact is the property immediately adjacent and to the
east, which is currently vacant.
b. The reduced standard will assist in developing a project which meets the goals of the
Village Redevelopment Area and is consistent with the objectives for the land use
district in which the project is to be located, in that the reduced standard will allow
for the provision of decks for each of the proposed residential units. The decks
will provide greater architectural interest along the front of the project and
provide room for landscape planters and flower boxes which adds to the amount
of landscaping on the property and is consistent with the goals of the Village
Redevelopment area and the objectives for Land Use District 4.
c. The reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the Village character of the area, in that the
reduced standard will allow for the subject decks to be built at the same size as
the other decks in the project and this will provide for architectural consistency
through out the project, which is in keeping with the design guidelines set forth
for the Village Redevelopment Area. The decks and the landscaping to be placed
on them will assist in the effort to make the building visually interesting and
more appealing.
The Design Review Board hereby finds that the appropriate residential density for the project
is RH (15-23 dwelling units per acre), which has a Growth Management Control Point
(GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density
designation is as follows:
a. The density is compatible with the surrounding area which contains a variety of
uses such as residential, commercial office, retail, and light industrial. Residential
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5.
uses in the area range from single family residential to high density multi-family
residential. The RH General Plan density designation allows for the construction
of a project that is compatible with the mixture of surrounding uses in terms of
size and scale.
b. The RH General Plan density designation serves to satisfy the goals of the Village
Redevelopment Master Plan by increasing the number, quality, diversity, and
affordability of housing units within the Village.
C. The RH General Plan density designation serves to satisfy the objectives of Land
Use District 4 by increasing the number of residential units in dose proximity to
shops, restaurants, and the commuter rail station.
In accordance with the Carlsbad General Plan Land Use Element (Residential Goal C.2) and
Carlsbad Municipal Code Chapter 21.53 , the Design Review Board finds as follows to allow
for a density increase to 22 dwelling units per acre, which is over the Growth Management
Control Point of 19 dwelling units per acre, for purposes of providing one affordable housing
unit:
a. The project is compatible with surrounding land uses. The land uses in the
surrounding area include a variety of uses such as residential, commercial office,
retail, and light industrial. In addition, higher quality residential projects are
encouraged in Land Use District 4 as set folth in the Village Master Plan.
b. The public facilities such as sewer, water, and other public improvements, are
currently in place and adequate to accommodate construction of the project.
C. The project is located in close proximity to a freeway (I-5), major roads
(Carlsbad Blvd. and Carlsbad Village Drive), parks (Maxton Brown Park and
Magee Park), and the Village Commuter Rail and Transit Station.
6. In accordance with Carlsbad Municipal Code Chapter 2 1.06, the Design Review Board finds
as follows to grant the required Site Development Plan (Major Redevelopment Permit) for a
ten-unit apartment project with one unit set aside as affordable to low income households:
a. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan,
will not be detrimental to existing uses or to uses specifically permitted in the area in
which the proposed use is to be located, and will not adversely impact the site,
surroundings or traffic circulation, in that with approval of the requested variances,
the proposed structure is in conformance with the established development
Standards and design guidelines for the subject property. Additionally, the
proposed project is consistent with the various elements and objectives of the
General Plan as outlined above
b. That the site for the intended use is adequate in size and shape to accommodate the
use, in that the proposed project meets all development standards for the subject
property including; minimum setbacks standards, building coverage, building
height, parking, and open space.
C. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will
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be provided and maintained, in that the proposed project meets and exceeds the
minimum setback requirements for all yards providing sufficient yard area.
Additionally, walls, fences and landscaping have been incorporated into the
overall design of the project, where necessary, to screen the residential units from
adjacent uses.
d. That the street systems serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that 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 improved to serve the development. The
pedestrian spaces and circulation have been designed in relationship to the land
use and available parking.
GROWTH MANAGEMENT FINDINGS:
7. As set forth in Carlsbad Municipal Code Chapter 21.90, the Design Review Board finds as
follows to allow for a density increase to 22 dwelling units per acre, which is over the Growth
Management Control Point of 19 dwelling units per acre, but does not exceed the density
range of 15-23 dwelling units per acre:
a.
b.
C.
There is no need for the project to provide additional public facilities for the
density in excess of the control point. The Developer has been conditioned to pay
the appropriate public facilities fee for the subject project which will ensure that
adequate public facilities will be provided within the area to serve this and other
projects in the future.
There have been sufficient developments approved in the northwest quadrant of the
City at densities below the control point to offset the units in the project above the
control point so that approval will not result in exceeding the quadrant limit.
All necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
created by this development and in compliance with the adopted City standards.
8. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment; water;
drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer service
remains available and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval.
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C. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to the issuance of building permit.
d. 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.
e. The project is conditioned to comply and remain consistent with the City’s
Landscape Manual, adopted by City Council Resolution No. 90-384.
GENERAL CONDITIONS:
Note:
1.
2.
3.
4.
5.
6.
Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City/Agency shall have the right to revoke or
modify all approvals herein granted; deny or further condition issuance of all future building
permits; deny, revoke or further condition all certificates of occupancy issued under the
authority of approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are
gained by Developer or a successor in interest by the City’s/Agency’s approval of this Major
Redevelopment Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major Redevelopment Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section 66020.
If any such condition is determined to be invalid this approval shall be invalid unless the
Housing and Redevelopment Commission determines that the project without the condition
complies with all requirements of law.
The Developer shall implement, or cause the implementation of, the Major Redevelopment
Permit Project Mitigation Monitoring and Reporting Program.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the Redevelopment Agency of the City of Carlsbad, its governing body members,
officers, employees, agents, and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred
by the Agency arising, directly or indirectly, from (a) Agency’s approval and issuance of this
Major Redevelopment Permit, (b) Agency’s approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated herein,
and (c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility of
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7.
8.
9.
10.
11.
electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Housing and Redevelopment Department a reproducible
24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the conditions
approved by the final decision making body.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the School District that this project has satisfied its obligation to provide school
facilities.
This project shall comply with all conditions and mitigation measures which are required as
part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits, including but not limited to the following:
a. the Developer shall pay hidher fair share for the “short-term improvements” to
the El Camino ReaYPalomar Airport Road intersection prior to the issuance of a
building permit. The amount shall be determined by the methodology ultimately
selected by the City Council, including but not limited to, an increase in the city-
wide traffic impact fee; an increased or new Zone 1 Local Facilities Management
Plan fee; the creation of a fee or assessment district; or incorporation into a
Mello-Roos taxing district.
Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
Housinv Conditions:
12.
13.
14.
Prior to the issuance of building permits for any units, the Developer shall enter into an
Affordable Housing Agreement with the City/Agency to provide and deed restrict 1 dwelling
unit as affordable to lower-income households for the useful life of the dwelling units, in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Housing
and Redevelopment Director no later than 60 days prior to the issuance of building permits.
The recorded Affordable Housing Agreement shall be binding on all hture owners and
successors in interest.
The Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
At issuance of building permits, 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.
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Noticinp Conditions:
IS. The Developer shall report, in writing, to the Housing and Redevelopment Director within
30 days, any address change from that which is shown on the permit application.
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the
Housing and Redevelopment Director, notifying all interested parties and successors in
interest that the City of Carlsbad’s Redevelopment Agency has issued a Mitigated Negative
Declaration and Major Redevelopment Permit by Housing and Redevelopment
Commission Resolution Nos. on the real property owned by the Developer. Said
Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Housing and Redevelopment
Director has the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in interest.
and
Landscape Conditions:
17. The Developer shall submit and obtain Housing and Redevelopment Director approval of a
Final Landscape and Irrigation Plan showing conformance with the approved Preliminary
Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install
all landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
18. 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.
On-site Conditions - Specific:
19.
20.
21.
22.
The Developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit “A”) with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials
to the project to the satisfaction of the Housing and Redevelopment Director.
No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and Housing and
Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall submit and obtain Housing and 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.
Developer shall construct, install and stripe not less than 10 single car garages, and 15
parking spaces, as shown on Exhibits “A” and “€3”.
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ENGINEERING CONDITIONS:
NOTE: Unless specifically stated in the condition, upon the approval of this proposed Major
Redevelopment Permit, all of the following engineering conditions must be met prior to the issuance of
building permits.
1.
2.
3.
4.
5.
6.
7.
8.
Prior to issuance of any building permit, the developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is formerly
established by the City.
Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
Developer shall install sight distance corridors at all street intersections in accordance with
Engineering Standards and shall provide the following statement on the building plans:
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level may be placed or permitted to encroach within the area
identified as a sight distance corridor in accordance with City Standard Public
Street-Design Criteria, Section S.B.3. The underlying property owner shall
maintain this condition."
Developer shall pay all current fees and deposits required.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan into
the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form
provided by the City.
Prior to work in City right-of-way, the Developer shall obtain an Encroachment Permit
for the installation of the private storm drain connecting to the public storm drain inlet
on State Street. This new storm drain pipe shall be a private improvement and shall be
maintained in perpetuity by the current and future owners of this property.
The owner shall make an offer of dedication to the City for all public streets and easements
required by these conditions. The offer shall be made by a separate instrument prior to
building permit issuance. All land so offered shall be granted to the City free and clear of all
liens and encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated. Ten (10) feet shall be dedicated by the owner along the project
frontage of Laguna Drive based on a center line to right-of-way width 30 feet and in
conformance with City of Carlsbad Standards.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. The developer shall provide best management practices
as referenced in the "California Storm Water Best Management Practices Handbook" to
reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for
such improvements shall be approved by the City Engineer. Said plans shall include but not
be limited to notifying prospective owners and tenants of the following
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9.
10.
11.
12.
13.
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a. All owners and tenants shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste
products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 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 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.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Plans, specifications, and supporting documents for all public improvements shall be prepared
to the satisfaction of the City Engineer. In accordance with City Standards, the developer
shall install, or agree to install and secure with appropriate security as provided by law,
improvements shown on the approved site plan which includes, but is not limited to,
pavement, curb, gutter and sidewalk improvements on Laguna Drive and State Street. All
improvements listed above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
Developer shall install sidewalks along all public streets abutting the project in conformance
with City of Carlsbad Standards prior to occupancy of any buildings.
Prior to occupancy of any buildings, the developer shall install wheelchair ramps at the public
street corners abutting the subject property in conformance with City of Carlsbad Standards.
The entry “roll-up grill” gate as shown on Exhibits “A” and “B” is prohibited and shall
be deleted from the final set of mylars and building plans.
Prior to the issuance of the building permit, an adjustment plat must be recorded to
consolidate Parcel 1 and 2 as described under the legal description on Exhibit “A”.
WATER, SEWER AND FIRE CONDITIONS:
1. The Developer shall be responsible for all fees, deposits and charges which will be collected
before and/or at the time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for any meter
installation.
2. Water, sewer and irrigation laterals shall be located in accordance with City and District
Standards to the satisfaction of the Deputy City Engineer - Utilities.
3. The following note shall be placed on the building plans: “This project is approved upon the
expressed condition that building permits will not be issued for development of the subject
property unless the District serving the development has adequate water and sewer capacity
available at the time development is to occur, and that such water and sewer capacity will
continue to be available until time of occupancy”.
4. All potable water and recycled water meters shall be placed within public right-of-way.
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5. A public fire flow system (including a fire detector check valve assembly) shall be required
for this development and it shall be constructed as a looped pipeline system.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following code requirements.
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The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17,
the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030,
and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad
Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities
Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxedfees shall be paid
at issuance of building permit. If the taxedfees and not paid, this approval will not be
consistent with the General Plan and shall become void.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
This approval shall become null and void if building permits are not issued for this project
within 18 months from the date of final project approval..
Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements pursuant
to Title 24 of the State Building Code.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Housing and Redevelopment..
Prior to occupancy of the first dwelling unit the Developer shall provide all required passive
and active recreational areas per the approved plans, including landscaping and recreational
facilities.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance with
the sign criteria contained in the Village Redevelopment Master Plan and shall require
review and approval of the Housing and Redevelopment Director prior to installation of such
signs.
DRB RES0 NO. 272
PAGE 12
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1 1. Developer shall exercise special care during the construction phase of this project to prevent
offsite siltation. Planting and erosion control shall be provided in accordance with the
Carlsbad Municipal Code and the City Engineer.
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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or
as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of
the City of Carlsbad, California, held on the 24th day of January, 2000 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BILL COMPAS, CHAIRPERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 272
PAGE 13
.
*- EXHIBIT B -_
A REPORT TO THE DESIGN REVIEW BOARD
ADDkATiON COMDlETE DATE: STAff: LORi ROSENSTEiN
07/08/99 VAN Lywk
h“VRONMENTA[ RwiEW: JEREMY Riddk
NovEMbER 2,1999
MiTiqATEd NEqATiVE DEC[ARATiON
ITEM NO. 1
DATE: December 16, 1999
SUBJECT: RP99-03 - “PARK LAGUNA APARTMENTS”: Request for a Major
Redevelopment Permit to allow the construction of a ten (IO) unit apartment
project including variances for front, side and rear yard setbacks to exceed the
maximum range; findings to allow for a reduced front yard setback to a number
within the acceptable range; the establishment of the RH General Plan density
designation; and a density increase to exceed the established Growth
Management Control Point in exchange for the provision of one affordable
housing unit on property located at 2530 State Street in Land Use District 4 of
the Carlsbad Village Redevelopment Area.
1. RECOMMENDATION
That the Design Review Board ADOPT Design Review Board Resolution No. 271
recommending APPROVAL of a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, and ADOPT Design Review Board Resolution No. 272 recommending
APPROVAL of RP 99-03 to the Housing and Redevelopment Commission based on the
findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Judson Pittam, has requested a major redevelopment permit to allow the
construction of a ten unit apartment project on property located at 2530 State Street. The
property is located on the southeast corner of State Street and Laguna Drive. The subject
property is currently vacant and was last used as an equipment rental site (Hawthorne
Equipment Rental).
The proposed project consists of a single, three-story building with security features, an
elevator, and enclosed trash bins. The first floor includes a lobby fronting on State Street, a
multi-use room with full size washer and dryer, five covered guest parking spaces with access
off Laguna Drive, and ten single car garages and ten open parking spaces for residents. The
second and third floors each contain one 1 bedroom/l bath unit and four 2 bedroom/2bath units.
The one bedroom units are 850 square feet and the two bedroom units range from 1,170
square feet to 1,400 square feet.
111. VILLAGE MASTER PLAN AND DESIGN MANUAL LOCAL COASTAL PLAN AND
REDEVELOPMENT PLAN CONSISTENCY
As set forth in the Village Master Plan and Design Manual, multi-family dwellings are a
permitted use within Land Use District 4. Permitted uses are defined as those uses which are
permitted by right because they are considered to be consistent with the vision and goals
. PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 2
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 for the permitted use.
The site is not located within the Coastal Zone. Therefore, consistency with the Village Local
Coastal Program is not applicable to this project.
IV. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION, GOALS AND
OBJECTIVES
The proposed project will satisfy the following objectives as outlined within the Village Master
Plan and Design Manual:
Goal 1 : Establish Carlsbad Villaae as a Qualitv ShORRina. Workina and Livinq Environment.
The subject property is situated at the southeast corner of State Street and Laguna Drive. The
location serves as a predominant focal point for residents and visitors entering Carlsbad Village
from the north. The site is currently vacant and enclosed by a chain-link fence with a 5 % foot
high retaining wall located on the northwest corner of the site. The proposed project will result
in the development of an underutilized lot with landscaping and site improvements to enhance a
highly visible corner, thus creating a more visually appealing gateway to the Village. The
proposed residential project also serves to increase the number, quality and diversity of housing
units within the Village. The proposed apartment project will serve to increase the type of
housing options available to people seeking to reside h the Village.
Goal 2: lmprove the Pedestrian and Vehicular Circulation in the Villaqe Area. The project has
been designed to minimize the pedestrian/vehicular conflicts along State Street by limiting
vehicular access to the site from Laguna Drive only. The project will provide for the
replacement and extension of curb, gutter and sidewalk along both public streets fronting the
property. Additionally the retaining wall adjacent to the sidewalk on the northwest corner of the
site will be removed and replaced with gradually sloping landscaping. These improvements will
serve to enhance the pedestrian environment along North State Street and Laguna Drive.
Goal 3: Stimulate Proroertv lmrorovements and New Develoroment in the Villaae. The Master
Plan and Design Manual was developed in an effort to stimulate new development and/or
improvements to existing buildings in the Village. The intent is that new development or
rehabilitation of existing facilities will then stimulate other property improvements and additional
new development. One of the objectives of this goal is to increase the intensity of development
within the Village. The proposed project will assist in the continued effort to improve the Village
Redevelopment Area, specifically in the Residential Support District (Land Use District 4). In
addition, the proposed project increases the intensity of development on the site, resulting in a
higher degree of compatibility with adjacent development.
Goal 4: lmrorove the Physical Aroroearance of the Villaae Area. The applicant has made a very
good effort to design a project which will convert an underutilized, blighted site into a physically
attractive project. The proposed project promotes the following objectives:
0 It reinforces the Village character with appropriate site planning and architectural
design;
0 It creates a sense of design unity and character by incorporating design elements of
other buildings in the area while still maintaining a unique quality to the design of this
particular building; and
. PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 3
It results in a design which is sensitive to surrounding development within the area.
V. CONSISTENCY WITH VILLAGE LAND USE PLAN
The site of the proposed project is located within Land Use District 4 of the Village
Redevelopment Area. Multi-family residential projects are a permitted use within this district.
District 4 has in the past been a commercial service and light industrial area featuring
automotive repair, building services and other uses characterized by low levels of investment in
buildings, large exterior service and storage areas and a significant amount of visual
deterioration. The intent of current land use policy is to provide for a gradual transition in this
district to a mix of higher quality commercial and residential uses which will provide positive
support for the Village Center (District 1) and reinforce the Village area north of Beech Street as
a quality residential neighborhood.
Staff believes that the proposed project provides for highly desirable residential use which
promotes the area north of Beech Street as a quality residential neighborhood. Additionally, the
project setves as a catalyst for future residential projects and residential serving commercial
uses along North State Street.
VI. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS
The Village Master Plan and Design Manual provides for two types of standards that every
project must be consistent with in order to receive approval. The first type is known as
“Universal Standards”. Every project within the Village Redevelopment Area must comply with
these Universal Standards. The second type is known as “Individual Standards”. These
standards are specific to the Land Use District in which the project is located.
“Universal Standards” address I) the issues of General & Redevelopment Plan
Consistency, Residential Density, lnclusionary Housing; and 2) special instructions regarding
the application of individual standards related to parking, building coverage, building height and
setbacks. The following information is provided to indicate how the proposed project meets the
“Universal Standards”.
General and RedeveloPment Plan: 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 and maintain the area as a
residential neighborhood and encourages greater residential support opportunities in the
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 4
Village. Additionally, by providing more residential opportunities, the project helps to create a
lively, interesting social environment by encouraging more of a 24-hour life in the Village. This
in turn provides a customer base that attracts complementary uses. Finally, the project design
reinforces the pedestrian-orientation desired for the downtown area and assists with the effort
to create a distinct identity for the Village as an area which provides a wide variety of uses.
In summary, the proposed project supports the Village character for the area. The project is
located in close proximity to mass transit, parks, the beach, retail, and commercial services.
The project is consistent with the Village Master Plan and Design Manual and has also been
determined to be consistent with the General Plan, as related to the Village Redevelopment
Area.
Residential Density: The Village Master Plan and Design Manual does not set forth
specific densities in the land use districts which permit residential uses. Instead, an appropriate
General Plan residential density is to be determined for each project based upon compatibility
findings with the surrounding area. Maximum project density may not exceed the Growth
Management Control Point (GMCP) for the applicable density designation unless a density
increase or bonus is granted in accordance with Chapters 21.53 and 21.86 of the Carlsbad
Municipal Code. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad
Municipal Code to exceed the GMCP.
After considering the goals and objectives of the Village Redevelopment Area, the vision for
Land Use District 4, and surrounding land uses, staff is recommending a High Density
Residential (RH) General Plan Designation for the subject property. The RH designation allows
for a density range of 15 to 23 dwelling units per acre with a Growth Management Control Point
(GMCP) of 19 dwelling units per acre. The site area for the proposed project is .45 acres. With
10 dwelling units proposed, the project results in a density of 22.2 dwelling units per acre, which
is within the RH density range (15-23 dwelling units per acre) but above the growth
management control point of 19. Staff supports the establishment of the RH General Plan
density designation on the subject property for the following reasons:
1. The density is compatible with the surrounding area which contains a variety of uses such
as residential, commercial office, retail, and light industrial. Residential uses in the area
range from single family residential to high density multi-family residential. The RH General
Plan density designation allows for the construction of a project that is compatible with the
mixture of surrounding uses in terms of size and scale.
2. The RH General Plan density designation serves to satisfy the goals of the Village
Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of
housing units within the Village.
3. The RH General Plan density designation serves to satisfy the objectives of Land Use
District 4 by increasing the number of residential units in close proximity to shops,
restaurants, and the commuter rail station.
Application of the GMCP (19 x .45) to the site results in permitted dwelling units equal to 8.6.
The project proposes 10 units, which exceeds the GMCP by 2 units because the number of
units is rounded to the lowest whole number. As set forth in the Village Master Plan, the
Redevelopment Agency has the authority to grant a density bonus in accordance with Chapter
21.86 of the Carlsbad Municipal Code or a density increase in accordance with Chapter 21.53
of the Carlsbad Municipal Code. In this case, the applicant is requesting a density increase.
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 5
Chapter 21.53 refers to the requirement to process a Site Development Plan for an affordable
housing project of any size. The plans submitted for the Redevelopment Permit serve as the
required Site Development Plan. Under Site Development Plan approval and via the General
Plan, the City/Agency can grant a density increase and approve reduced standards for the
subject project because it provides for one affordable housing unit as part of the larger project.
Any request for a site development plan to increase residential densities (either above the
GMCP or the upper end of the residential density range) for purposes of providing lower-income
affordable housing must be evaluated relative to 1) the proposal’s compatibility with adjacent
land uses; 2) the adequacy of public facilities; and 3) the project site being located in proximity
to a minimum of one of the following: a freeway or major roadway, a commercial center,
employment opportunities, a city park or open space, or a commuter rail or transit center.
Through the site development plan (redevelopment permit) process, the City/Agency may also
reduce or modify the development standards for the project such as height, setbacks, open
space, parking, etc.
The Carlsbad General Plan Land Use Element (Residential Goal C.2) and Chapter 21 53 of the
Carlsbad Municipal Code provides the authority to the Design Review Board and Housing and
Redevelopment Commission to approve the project at the density proposed. The following
findings have been incorporated into Design Review Board Resolution No. 272 to allow
approval of the increased density through the Site Development Plan (Chapter 21 53) process:
1.
2.
3.
The project is compatible with surrounding land uses. The land uses in the surrounding
area include a variety of uses such as residential, commercial office, retail, and light
industrial. In addition, higher quality residential projects are encouraged in Land Use
District 4 as set forth in the Village Master Plan.
The public facilities such as sewer, water, and other public improvements, are currently in
place and adequate to accommodate construction of the project.
The project is located in close proximity to a freeway (M), major roads (Carlsbad Blvd. and
Carlsbad Village Drive), parks (Maxton Brown Park and Magee Park), and the Village
Commuter Rail and Transit Station.
In addition to the findings necessary to grant the density increase, as mentioned previously,
appropriate findings must also be made per Chapter 21.90 of the Carlsbad Municipal to grant a
density that exceeds the Growth Management Control Point. In general, these findings are 1)
assurances that adequate public facilities are provided to compensate for the increase in
density; 2) that the granting of the increase will not result in the northwest quadrant exceeding
its housing cap; and 3) all required public facilities will be constructed or guaranteed to be
constructed concurrently to meet the need created by this development. The following findings
have been incorporated into Design Review Board Resolution No. 272 to allow approval of a
density which exceeds the Growth Management Control Point:
1. There is no need for the project to provide additional public facilities for the density in
excess of the control point (two dwelling units). The Developer has been conditioned to pay
the appropriate public facilities fee for the subject project which will ensure that adequate
public facilities will be provided within the area to serve this and other projects in the future.
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 6
2. There have been sufficient developments approved in the northwest quadrant at densities
below the control point to cover the units in the project above the control point so that
approval of the project will not result in exceeding the quadrant limit.
3. All necessary improvements required by Chapter 21.90 of the Carlsbad Municipal Code will
be constructed or are guaranteed to be constructed concurrently with the need for them
create by this development and in compliance with the adopted City standards.
lnclusionarv Housina Reauirements: All residential projects within the Village
Redevelopment Area are subject to the City’s lnclusionary Housing Ordinance, Chapter 21.85
of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In
accordance with Redevelopment Law, 15% of the private housing units constructed within a
redevelopment area must be affordable to low and moderate income persons, of which not less
than 40% (or 6% of the total units) must be affordable to very low income households. Per City
Ordinance, 15% of the total housing units constructed must be affordable to low income
households. Projects consisting of 6 or fewer market rate units may pay an in-lieu fee rather
than constructing a unit.
In order to satisfy the inclusionary housing requirements for the project, the applicant must
provide 1.5 affordable housing units (15% x 10 units). The applicant has agreed to enter into
an affordable housing agreement to deed.restrict one (1) unit within the project for purposes of
providing housing which is affordable to a low income household for a period of at least thirty
(30) years by reserving one of the units as a low-income unit. As a condition of project approval
the applicant will be required to pay an in-lieu fee for the remaining portion of a unit. With the
provision of one (1) unit for affordable housing purposes and the payment of an in-lieu fee for
the remaining portion of a unit, the project will meet its inclusionary housing requirements.
Parking: The parking requirement for apartments is 2 standard parking spaces per unit
and guest parking at a rate of .5 spaces per unit. The minimum parking requirement for a 10-
unit apartment project equates to 20 tenant parking spaces, and 5 guest parking spaces. The
applicant is proposing to provide 10 single car garages and 10 open parking spaces for use by
the tenants and 5 covered guest-parking spaces. Therefore, the proposed project is consistent
with the parking standards set forth in the Village Master Plan and Design Manual.
A &foot wide driveway off Laguna Drive provides vehicular ingress and egress to the project.
Guest parking is located under the building on both sides of the drive aisle. A roll-up grille
permits tenant-only access to the remaining parking on-site. Resident parking spaces will not
be visible from the public streets and the covered guest parking spaces will be mostly screened
from public view.
Buildina Coveraae. Heiaht and Setbacks: These standards are established
individually according to the applicable land use district within the Village Redevelopment Area.
The Universal Standards section of the Village Master Plan and Design Manual provides
information on variances and criteria to be used in setting the standards for individual projects
when a range is set forth for the subject standard. The details of the subject standards are
described below.
“Individual” Development Standards set forth specifically for new development within
Land Use District 4 are as follows:
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 7
Buildina Setbacks: The Village Master Plan and Design Manual establishes the front,
rear and side yard setbacks for the property. In Land Use District 4, the front yard setback is 0-
10 feet and the side and rear yard setbacks are 5-1 0 feet. The project has been designed with
front, rear and side yard setbacks that are at or above the high end of the setback range. The
only portion of the structure that is less than 10 feet from the four property lines is a portion of
two decks on the second and third floors in the northeast corner of the property. The decks are
8 feet from the front property line which is within the setback range of 0-10 feet permitted in
District 4.
As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range
is considered to be the desired setback standard. However, a reduction in the standard to the
minimum, or anywhere within the range, may be allowed if the project warrants such a
reduction and the following findings are made by the Design Review Board and Housing and
Redevelopment Commission:
1. The reduced standard will not have an adverse impact on surrounding properties.
2. The reduced standard will assist in developing a project which meets the goals of the
Village Redevelopment Area and is consistent with the objectives for the land use
district in which the project is located.
3. The reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the Village Character of the area.
The findings noted above for allowing a reduction of the front yard setback to the minimum or
anywhere in the range are justified as follows: 1) The reduced standard will not have an
adverse impact on surrounding properties in that the reduced standard is along the front of the
property and the only property that has the potential for impact is the property immediately
adjacent and to the east, which is currently vacant. 2) The reduced standard is consistent with
the goals of the Village Redevelopment area and the objectives for Land Use District 4,
because it will allow for the provision of decks for each of the proposed residential units. The
decks will provide greater architectural interest along the front of the project and provide room
for landscape planters and flower boxes which adds to the amount of landscaping on the
property. 3) The reduced standard will allow for the subject decks to be built at the same size
as the other decks in the project and this will provide for architectural consistency through out
the project, which is in keeping with the design guidelines set forth for the Village
Redevelopment Area. The decks and the landscaping to be placed on them will assist in the
effort to make the building visually interesting and more appealing.
In addition to the above findings to allow for the reduced front yard setback that is within the
established range, the Design Review Board and Housing and Redevelopment Commission will
also be required to make appropriate findings to grant a variance to allow front, side and rear
yard setbacks which exceed the maximum range. At the present time, staff sees the
requirement for granting a variance to allow setbacks which exceed the maximum range as a
technicality. It is common planning practice to only require variances for setbacks which are
below the minimum standard. Staff will be returning at a later date with a Master Plan
Amendment to remove the variance requirement for setbacks that are greater than the
established standard. However until then, the following criteria and variance findings still apply.
A variance for a setback standard which exceeds the top of the range shall only be considered
if the projects meets one or more of the following criteria:
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 8
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, side, and rear yard setbacks which exceed
the maximum standard (range) are justified as follows: 1) The subject project is in a location
which has varying setbacks. The property to the south is setback further from State Street than
the proposed project. The property to the east is currently vacant, but the property owner has
discussed with staff a willingness to develop the property as a multi-family condominium project
with similar setbacks as the proposed project. Across Laguna Drive there is an existing park,
which contributes to the sense of open space, and previous residential units which have been
converted to office space, all of which maintain greater setbacks than that which are proposed
for the subject project. The varied setbacks along State Street and Laguna Drive allow for
greater architectural articulation, resulting in a building that maintains a strong street presence
yet is visually interesting and appealing. 2) It is anticipated that the adjacent properties to the
south and east will be redeveloped as similar residential uses. The increased setback on the
south and east sides of the building create a greater separation between the proposed project
and that which may be developed on both adjoining lots. This increased separation would help
protect the livability of the proposed residential development and that which may be developed
in the area. 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 setback standards that
exceed the top of the range, Carlsbad Municipal Code Section 21.35 sets forth the required
findings to grant the variance. In order to approve the requested variances to exceed the
maximum setbacks on the front, sides, and rear of the property, the Design Review Board and
Housing and Redevelopment Commission must be able to make the following findings:
1. The application of certain provisions of this chapter [Municipal Code Chapter 21.351 will
result in practical difficulties or unnecessary hardships which would make development
inconsistent with the general purpose and intent of the Carlsbad Village Area
Redevelopment Plan;
2. There are exceptional circumstances or conditions unique to the property or the proposed
development which do not generally apply to other properties or developments which have
the same standards, restrictions, and controls;
3. The granting of a variance will not be injurious or materially detrimental to the public welfare,
other properties or improvements in the project area; and
PARK LAGUNA APARTMENTS - FW 99-03
DECEMBER 16,1999
PAGE 9
4. The granting of a variance will not contradict the standards established in the Village Master
Plan and Design Manual.
In addition to the justifications provided above, staff offers the following additional support for
granting the requested variances:
Variance Findina #I: Strict adherence to the setback standards would result in a very boxy and
massive structure. The increased setbacks on portions of the front, sides and rear of the
property allows for greater architectural interest and serves to break up the mass of the
building, which is in keeping with the general purpose and intent of the Carlsbad Village Area
Redevelopment Plan.
Variance Findina #2: The project is the first multi-family residential project proposed in this
portion of the redevelopment area. This unique condition applicable to the proposed use
establishes certain needs for livability. Strict adherence to the setback standards reduces the
livability of the project. The increased setback standards create a greater sense of the open
space that is essential for increasing the livability of the project.
Variance Findina #3: The granting of the variance will not be injurious or materially detrimental
to the public welfare, other properties or improvements in the area. The increased setback
standards reduce impacts to surrounding properties. The setbacks above the maximum range
will not have a detrimental impact on neighboring properties because other properties along
State Street and Laguna Drive have setbacks that exceed the maximum allowed. The
increased setback along State Street and Laguna Drive actually assists in the effort to create a
more visually appealing building within the front elevation. The increased setback along the
side and rear property lines enables more on-site parking without expanding the mass of the
building, therefore reducing the impact on neighboring properties to the east and south.
Variance Findina #4: The granting of a variance will not contradict the standards established in
the Village Master Plan and Design Manual, because those standards were intended to be
somewhat flexible in order to encourage diversity and variety of development. The portions of
the project that exceed the standard range do not create a situation which contradicts the intent
of the standards established in the subject document.
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, patios and/or outdoor eating
areas. No parking spaces or aisles are permitted in the open space. The project, as proposed,
provides for a total of 5,604 square feet of open spaceAandscape area, which represents 31%
of the site; this exceeds the 20% requirement.
Buildina Coveraae: The range of building footprint coverage permitted for residential
projects in Land Use District 4 is 60% to 80%. For the proposed project, the building coverage
is 49%. The bottom of the range is considered the desired standard. However unlike the
setback requirements above, a decrease in the standard to below the minimum does not
require a variance. Therefore, the building coverage is determined to be consistent with the
desired standard.
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 10
Building Heiaht: The height limit for Land Use District 4 is 45 feet with a 512 roof pitch,
where residential space is located over a parking structure. The project proposes a maximum
roof height of 40 feet with two levels of residential space above a lobby and fully enclosed
parking structure. The building has a varying roof line with pitched roof features (512) at the
front, rear and sides of the building. Therefore, the building height and roof pitches are
determined to be consistent with the desired standards.
VII. CONSISTENCY WITH DESIGN GUIDELINES
All new projects within the Village Redevelopment Area must make a good faith effort to design
a project that is consistent with a village scale and character. The Design Review Board and
the Housing and Redevelopment Commission, as appropriate, must be satisfied that the
applicant has made an honest effort to conform to ten (IO) 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.
IO. Signage shall be appropriate to a village character.
The proposed project is consistent with the design principles outlined above. The project has
provided for an overall informal character in design. The architectural design provides for
variety and diversity through varying roof features, opened decks, building articulation on all
elevations, and varied building setbacks. The landscaping along both street frontages and the
ability for each of the tenants to add flower boxes and landscaped planters on their individual
balconies also adds to the variety and diversity of the design. The building has a very strong
relationship to the street in that it is physically located in close proximity to the public sidewalk
area and enhances pedestrian-orientation by providing an enhanced landscape area at the
corner of State Street and Laguna Drive. The building provides for a variety of architectural
features and details as previously described. The parking is visually subordinate in that is
located within a fully enclosed parking structure or screened from public view. A summary of
the design features related to the project is provided as an exhibit to this report (Exhibit 5).
VIII. CONSISTENCY WITH SIGN STANDARDS
As indicated on the building elevations, the applicant is proposing one wall sign and one
address sign on State Street. The wall sign identifies the name of the project and is consistent
with the overall scale of the building. A condition has been added to Design Review Board
Resolution No. 272 requiring that all signs be externally illuminated and consistent with the
signs shown on the approved building elevations.
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 11
IX. 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 which is greater than $1 50,000.
The project must have a recommendation from the Design Review Board and final approval by
the Housing and Redevelopment Commission for the major redevelopment permit.
The Design Review Board is asked to hold a public hearing on the permit requested, consider
the public testimony and staffs recommendation on the project, discuss the project and then
take action to recommend approval or denial of the project with the requested setback
variances, application of the RH General Plan density designation (1 5-23 dwelling units per
acre), and a density increase to exceed the established Growth Management Control Point (but
not exceed the density range) in exchange for one affordable housing unit.
The proposed project is not located within the Coastal Zone. Therefore, a Coastal Development
Permit is not required for the subject project.
X. 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: The total projected average daily traffic for the project is 80 ADTs, based on the most
recent SANDAG Trip Generation calculations. The project is served by Laguna Drive and has
direct access to public streets. The street adjacent to the project site, State Street, is adequate
to serve the traffic volumes generated by this project.
Sewer: Sewer lines to this project will gravity flow to existing sewer mains in State Street. The
total number of sewer Equivalent Dwelling Units (EDU’s) required for the project is IO.
Water. The Carlsbad Municipal Water District will provide water service to the site. Water
service to the project is provided by existing mains on State Street.
Reclaimed Water: The use of reclaimed water will be incorporated where feasible as
determined appropriate by the Water District Engineer.
Gradina: Grading for this project will consist primarily of building pad compaction and
establishing the desired drainage pattern for the site. Grading is also necessary in order to
level out the site by removing the existing retaining wall at the northwest corner of the property
and replacing it with a gradual landscaped slope. 250 cubic yards of material will be exported
from the site. The geotechnical report indicates that there are no major grading or soils related
issues associated with the proposed project.
Drainaae and Erosion Control: Surface runoff from the development will be collected and
conveyed by a proposed private storm drain and inlet system. This system ultimately
discharges via curb outlets to State Street. The project is also required to provide drainage
area fees under the City’s Master Drainage Plan.
PARK LAGUNA APARTMENTS - RP 99-03 DECEMBER 16,1999
PAGE 12
Imlorovemenfs: Frontage improvements (paving, curb, gutter, and sidewalk) to Laguna Drive
and State Street are proposed as depicted on the site plan. The right-of-way widths for State
Street conform to City standards and no additional right-of-way dedications are required.
However, Laguna Drive is a local street and an additional 10-feet of dedication will be provided
on the final site plan for conformance with City standards. An improvement plan will be
required as part of the formal plan-check process for the project.
XI. ENVIRONMENTAL REVIEW
The Planning Department has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California Environmental Quality
Act and the Environmental Protection Ordinance of the City of Carlsbad. Earlier analysis of this
proposed residential project has been completed through the General Plan Update (GPA94-01)
and related Master Environmental Impact Report (MEIR 93-01) that reviewed the potential
impacts of build out of the City’s General Plan, including transportation and air quality impacts.
In addition, earlier analysis of this proposed project has been completed through the Mitigated
Negative Declaration adopted for the Carlsbad Village Master Plan and Design Manual (SS92-
01) dated 10/1/95, which analyzed the build out of the Village Redevelopment Area pursuant to
the amended Village Redevelopment Master Plan. With regard to air quality and
transportation/circulation impacts, the City’s MElR found the cumulative impacts of the
implementation of projects consistent with the General Plan are significant and adverse due to
the regional factors, therefore, the City Council adopted a statement of overriding
considerations. The project is consistent with the General Plan and as to those effects, no
additional environmental documentation is required.
The City has received its annual Growth Management Traffic Monitoring Report. The Report
has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport
Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This
potentially creates a changed circumstance negating reliance on previous environmental
documentation. Pursuant to Subsection 15162 of the CEQA Guidelines a lead agency must
prepare “subsequent” environmental documentation if substantial evidence (i.e., the recorded
intersection failure) determines that a changed circumstance exists. However, case law has
interpreted this section of the CEQA Guidelines to not require the preparation of a “subsequent
ElR” if mitigation measures are adopted which reduce the identified impacts to a level of
insignificance.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS
into the acceptable range. The mitigation measure involves construction of two dual right turn
lanes-northbound to eastbound and westbound to northbound. This project has been
conditioned to pay its fair share of the intersection “short-term improvements”, thereby
guaranteeing mitigation to a level of insignificance. This is the only mitigation measure
incorporated into the Mitigated Negative Declaration. In addition, all feasible mitigation
measures identified in MElR 93-01 and the Mitigated Negative Declaration adopted for the
Village Master Plan and Design Manual (SS92-01) which are appropriate to this project have
been incorporated into this project.
As a result of staff’s review; a Mitigated Negative Declaration was issued for the subject project
by the Planning Director on November 2, 1999 and made available for public review. No
PARK LAGUNA APARTMENTS - RP 99-03
DECEMBER 16,1999
PAGE 13
comments were received on the environmental document. Adoption of Design Review Board
Resolution No. 271 will recommend approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for this project to the Housing and
Redevelopment Commission.
XII. 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.
XIII. CONCLUSION
Staff is recommending approval of the project with findings to grant the variances for the front,
side, and rear yard setbacks that exceed the maximum range; findings to allow the front yard
setback to be reduced to a number within the acceptable range; compatibility findings to
establish the RH General Plan density range (15-23 dwelling units per acre), and findings to
grant a density increase over the Growth Management Control Point in exchange for one
affordable housing unit. The project will have a positive fiscal impact on the redevelopment
area and will assist in fulfilling the goals and objectives of the Carlsbad Village Master Plan and
Design Manual.
EXH I BITS :
1.
2.
3. Location Map
4.
5.
6.
Design Review Board Resolution No. 271, recommending approval of the Mitigated
Negative Declaration.
Design Review Board Resolution No. 272, recommending approval of RP 99-03.
Project Description with Disclosure Statement
Staff Analysis of Project Consistency with Village Master Plan Design Guidelines
Exhibits "A" - "E", dated December 16, 1999, including reduced exhibits.
p.
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- EXHIBIT 1
DESIGN REVIEW BOARD RESOLUTION NO. 271
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR MAJOR
CONSTRUCTION OF A TEN (10) UNIT APARTMENT PROJECT ON
PROPERTY LOCATED AT 2530 STATE STREET IN LAND USE
DISTRICT 4 OF THE CARLSBAD VILLAGE REDEVELOPMENT
AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PARK LAGUNA APARTMENTS
REDEVELOPMENT PERMIT NUMBER RP 99-03 TO ALLOW THE
APN: 203-101-32 AND 203-101-33
CASE NO: RP 99-03
WHEREAS, Park Laguna, LLC, a California Limited Liability Company, “Developer”, has
filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad
regarding property it owns, and known as Assessor Parcel Numbers 203-101-32 and 203-101-33 and
more thoroughly described in Attachment A, (“the property”); and
WHEREAS, the Design Review Board did on the 16” day of December, 1999, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing on the 16” day of December and upon considering all
testimony and arguments, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Design Review Board considered all factors
relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design
Review Board as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
Board hereby RECOMMENDS APPROVAL of the Mitigated Negative
Declaration according to Exhibit “ND” dated November 2, 1999, “PII” dated
November 2, 1999 and Mitigation Monitoring and Reporting Program,
attached hereto and made part hereof, based on the following findings:
DRB RES0 NO. 271
PAGE 1
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_- I
FINDINGS:
1. The Design Review Board of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered Mitigated Negative Declaration (RP 99-03)
the environmental impacts therein identified for this project and said comments
thereon, and the Mitigation Monitoring Program, on file in the Housing and
Redevelopment Department, prior to RECOMMENDING APPROVAL of the
project; and
b. the Mitigated Negative Declaration and the Mitigation Monitoring Program have been
prepared in accordance with requirements of the California Environmental Quality
Act, the State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
C. they reflect the independent judgment of the Design Review Board of the City of
Carlsbad; and
d. based on the EIA Part I1 and comments thereon, the Design Review Board finds that
there is no substantial evidence the project will have a significant effect on the
environment.
PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review Board of
the City of Carlsbad, California, held on the 16* day of December, 1999 by the following vote to wit:
AYES:
NOES:
ABSENT:
BILL COMPAS, CHAIRPERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 271
PAGE 2
ATTACHMENT A
PARCEL 1:
THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 28, 1921, LYING
SOUTHWESTERLY OF A LINE PARALLEL WITH AND 215.39 FEET DISTANT SOUTHWESTERLY FROM
THE WESTERLY LINE OF SECOND STREET (NOW ROOSEVELT STREET), AS SHOWN ON SAID MAP
AND SOUTHEASTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTERLY
FROM THE NORTHERLY LINE OF LOT 21 OF SAID SEASIDE LANDS.
EXCEPTING THEREFROM THE SOUTHEASTERLY 78 FEET THEREOF.
ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP
ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND TO THE WEST, AS CLOSED TO PUBLIC
USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER
7, 1931, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF
OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 28, 1921, LYING
SOUTHWESTERLY OF A LINE PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM
THE WESTERLY LINE OF SECOND STREET, AS SHOWN ON SAID MAP AND LYING NORTHWESTERLY
OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTERLY FROM THE NORTHERLY
LINE OF LOT 21 OF SAID SEADSIDE LANDS.
ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP
ADJACENT TO THE ABOVE DESCRIBED PARCEL OF LAND ON THE WEST, AS CLOSED TO PUBLIC
USE, BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER
7, 1931, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF
OFFICIAL RECORDS.
City of Carlsbad
R-IITIGATED NEGATIVE DECLARATION
Project Address/Location: APN: 203-101-32 and 33. South east comer of State Street and
Lasuna Drive.
Project Description: Project is a three story. ten unit condominium building with a
buildinp coverage of 8,950 square feet and 25 required parkinq
spaces. Proiect also includes frontage improvements in the form of
curb. gutter. and sidewalk to frontage on State Street and Laguna
Drive. The project site is located within the Carlsbad Village
Redevelopment area.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
initial study (EIA Part 2) identified potentially significant effects on the environment, but (1)
revisions in the project plans or proposals made by, or agreed to by, the applicant before the
proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project “as revised” may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Plannins Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within 20
days of date of issuance. If you have any questions, please call Van Lynch in the Planning
Department at (760) 438-1 161, extension 4447.
DATED: November 2, 1999
CASE NO: CT 99-12 / RP 99-03
CASE NAME: PARK LAGUNA CONDO’S
PUBLISH DATE: November 2, 1999
MICHAEL J. r-fsf! ZMMLER
Planning Director
Exhibit “PII”
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 ’
(TO BE COMPLETED BY THE PLA-N”G DEPARTMENT)
CASE NO: CT 99- 12 RP 99-03
DATE: 09!21/1999
BACKGROUND
‘ 1. CASE NAME: PARK LAGUNA CONDOMINlUMS
2. APPLICANT: JUDSON PITAM
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5658-11 ETIWANDA AVENUE,
TARZANA, CA 9 I356 (81 8) 996-6404
4. DATE EIA FORM PART I SUBMITTED: JUNE 8.1999
5. PROJECT DESCRIPTION: Ten unit condominium located on the southeast comer of State
Street and Laguna Drive. Proiect is a three stow building with a building coverage of 8950
sauare feet and 25 reauired parking spaces. Proiect also includes frontage improvements in the - . form of cub. gutter. and sidewalk to State Street and Laguna Drive. The uroiect site is located
within the Carlsbad Village Redevelopment area.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
L) Land Use and Planning
0 Population and Housing
0 Geological Problems .. .
Water
Air Quality
TransportatiodCirculation Public Services
0 Biological Resources 0 Utilities Service Systems
0 Energy & Mineral Resources 0 Aesthetics
Hazards
0 Noise
0 Cultural Resources
Recreation
. 0 Mandatory Findings of Significance
1 Rev. 03128/96
L
D DETERMINATION.
(To be completed by the Lead Agency)
0 I find. that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
u I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An Negative
Declaration is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01),
including revisions or mitigation medsures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
/0-&-49
Planner Signiture Date
Planning Direct?& Signaue Date I
2 Rev. 03/28/96 *
- -
ENVIRONMENTAL ITvlPA, - S
- STATE CEQA GUIDELINES; Chapter 3, Article 5, Section 15063 ,requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative
Declaration, or to rely on a previously approved EIR or Negative Declaration.
0 A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by an information source cited in the parentheses following each
question. A “No Impact” answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
“No Impact” answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
0 “Less Than Significant Impact” applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
0 “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation
of mitigation measures has reduced an effect from “Potentially Significant Impact” to a
“Less Than Significant Impact.” The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than sigificant level.
0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significant.
0 Based on an “EIA-Part 11”, if a proposed project could have a potentially significant
effect on the environment, but potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
0 When “Potentially Significant Impact” is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a “Statement of
Ovemding Considerations” has been made pursuant to that earlier EIR.
0 A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
3 Rev. 03/28/96
e If there are one or more potentially significant effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. In this
case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated”
may be checked and a Mitigated Negative Declaration may be prepared.
e An EIR must be prepared if “Potentially Significant Impact” is checked, and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a “Statement of Overriding Considerations” for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the EIA-Part I1 analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
4 Rev. 03/28/96
Issues (and Supporting Information Sources).
LAND USE AND PLANNING. Would the proposal:.
Conflict with general plan designation or zoning?
(Source #I:Pgs 5.6-1 - 5.6-18) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project? (#l:Pgs 5.6-1 - 5.6-18)
Be incompatible with existing land use in the vicinity?
Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
land uses)? (#l:Pgs 5.6-1 - 5.6-18)
Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community) ? (#l:Pgs 5.6-1 - 5.6-18)
(#l:PgS 5.6-1 - 5.6-18)
POPULATION AND HOUSING. Would the proposal:
Cumulatively exceed official regional or local
population projections? (#I :Pgs 5.5-1 - 5.5-6)
Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area
or extension of major infrastructure)? (#l:Pgs 5.5-1 -
Displace existing housing, especially affordable
5.5-6)
housing? (#l:PgS 5.5-1 - 5.5-6)
GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
Fault rupture? (#l:Pgs 5.1-1 - 5.1-15)
Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15)
Seismic ground failure, including liquefaction? (#I :pgs
Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 -
Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15)
5.1-1 - 5.1.15)
5.1- 15)
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? (#l:Pgs
Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15)
Expansive soils? (#l:Pgs 5.1-1 - 5.1-15)
Unique geologic or physical features? (#l:Pgs 5.1-1 -
5.1-1 - 5.1-15)
5.1-15)
WATER. Would the proposal result in:
Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5..2-
Exposure of people or property to water related hazards
such as flooding? (#l:Pgs 5.2-1 - 5..2-11)
Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? (#l:Pgs 5.2-1 - 5..2-11)
11)
-
Potentially Potentially Less Than No
Significant
Impact
0
0
0
17
0
0
0
0 0 0
0
0 0
0 0 0
0.
0
Significant Unless
Mitigation Incorporated
17
0
0
0
0
0
0
0
0 0 0
0
0 0
0 0 0
0
0
0
Significant Impact
Impact
ow
oIx1
ow ow
nIXI om
oIx1
om om OBI
ow
5 Rev. 03/28/96
-.
r. Issues (and Supporting Informatic,.. Sources).
d) Changes in the amount of surface water in any water
e) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-1 - 5..2-11)
f) Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? (#l:Pgs 5.2-1 - 5..2-11)
g) Altered direction or rate of flow of groundwater?
h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5..2-
i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#1 :Pgs
body? (#l:Pgs 5.2-1 - 5..2-11)
(#l:PgS 5.2-1 - 5..2-11)
11)
5.2-1 - 5..2-11)
V. AIR QUALITY. Would the proposal:
Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l:Pgs 5.3-
b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1
c) Alter air movement, moisture, or temperature, or cause
any change in climate? (#l:Pgs 5.3-1 - 5.3-12)
d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12)
a)
1 - 5.3-12)
- 5.3-12)
,
VI.
a)
TRANSPORTATION/CIRCUATION. Would ‘the
proposal result in:
Increased vehicle trips or traffic congestion? (#l:Pgs
Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22)
Inadequate emergency access or access to nearby uses?
Insufficient parking capacity on-site or off-site?
Hazards or barriers. for pedestrians or bicyclists?
Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 -
5.7.22)
5.7-1 - 5.7.22)
(#l:PgS 5.7-1 - 5.7.22)
(#l:PgS 5.7-1 - 5.7.22)
(#l:PgS 5.7-1 - 5.7.22)
(#l:PgS 5.7-1 - 5.7.22)
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds)? (#l:Pgs 5.4-1 - 5.4-24)
b) Locally designated species (e.g. heritage trees)?
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24).
a)
(#l:PgS 5.4-1 - 5.4-24)
Potentially Potentially
Significant Significant
Impact Unless Mitigation
Incorporated El
0 0
0
0 0
IXI 0
0 0
0 0
0
IXI
0 cl
0 0
cl
0 0
cl 0
0 0
0
0 0
0
LessThan No
Significant Impact
Impact
om
OIXI
OB
OB
OB
6 Rev. 03/28/96
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7. Issues (and Supporting Informatic ,ources).
IX.
a)
XI.
Wetland habitat (e.g. marsh, riparian and vernal pool)?
Wildlife dispersal or migration comdors? (#1 :Pgs 5.4-1
(#l:PgS 5.4-1 - 5.4-24)
- 5.4-24)
ENERGY AND MINERAL RESOURCES. Would the
proposal:
Conflict with adopted energy conservation plans?
Use non-renewable resources in a wasteful and
inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-
Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5
(#l:PgS 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9)
1 - 5.13-9)
& 5.13-1 - 5.13-9)
HAZARDS. Would the proposal involve:
A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5)
Possible interference with an emergency response plan
or emergency evacuation plan? (#l:Pgs 5.10.1-1 -
The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
Increase frre hazard in areas with flammable brush,
grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5)
5.10.1-5)
NOISE. Would the proposal result in:
Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9-
Exposure of people to severe noise levels? (#l:Pgs 5.9- ,
15)
.. 1 - 5.9-15)
PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)
Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4)
Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5)
Maintenance of public facilities, including roads?
Other governmental services? (#l:Pgs 5.12.1-1 - (#l:PgS 5.12.1-1 - 5.12.8-7)
5.12.8-7)
UTILITIES AMD SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
5.13-1 - 5.13-9)
7
Potentially
Impact
SlgnlfiCant
0
0
0
0
0
0
0
0
0
0
0
0
0 0
0
0
I
Pb,cntially Less Than No
Significant Significant Impact
Mitigation
Incorporated
Unless Impact
0 0151
0 OB
0
0
0
0
0
0
0 0 I7
0
0
ON om om
0 ,151
OBI
Rev. 03/28/94
- . Issues (and Supporting Informatic Sources).
Communications systems? (#l:Pgs 5.12.1-1 - 5.12.8-7)
Local or regional water treatment or distribution
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7)
Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7)
Storm water drainage? (#l:Pg 5.2-8)
Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3)
Local or regional water supplies? (#l:Pgs 5.12.2-1 -
5.1 2.3-7)
AESTHETICS. Would the proposal:
Affect a scenic or vista or scenic highway? (#l:Pgs
Have or demonskate a negative aesthetic effect?
Create light or glare? (#l:Pgs 5.11-1 - 5.1 1-5)
5.1 1-1 - 5.1 1-5)
(#l:PgS 5.11-1 - 5.11-5)
CULTURAL RESOURCES. Would the proposak
Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8-
10) Disturb archaeological resources? (#1 :Pgs 5.8-1 - 5.8-
10) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10)
Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs
Restrict existing religious or sacred uses within the
potential impact area? (#l:Pgs 5.8-1 - 5.8-10)
5.8-1 - 5.8-10)
RECREATIONAL. Would the proposal:
Increase the demand for neighborhood or regional
parks or other recreational facilities? (#l:Pgs 5.12.8-1 -
Affect existing recreational opportunities? (#1 :Pgs
5.12.8-7)
5.12.8-1 - 5.12.8-7)
MANDATORY FMDMGS OF SIGNIFICANCE.
Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
Potentially Putentially Significant Significant
Impact . Unless
Mitigation Incornorated 0 0 0 0
0 0 0 0 0 0 0
0 0
0, 0
0 0
0 0
0 El
0 0 o 0
0 0
0 0
0 0
Less Than
Significant
Impact
0 0
0 o 0 0
0
0
0
0
0
0 0
0
0
0
0
NO
Impact
la IXI
5 5 Ixl Kl
la
El
El
Ix1
la
IXI El
El
IXI
El
Ix1
8 Rev. 03/28/96
I
Issues (and Supporting Informati. Sources).
Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
Potential I y f.orential1 y
Significant Significant Impact Unless
Mitigation
Incorporated 0 0
(7
Less Than
Significant Impact
0
(7
No
Impact
[XI
9 Rev. 03128196
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program,EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. In this case a discussion should identify the
following on attached sheets:
Section 15063(c)(3)(D).
a) Earlier analyses used. Identify earlier analyses and state where they are available
for review.
b) Impacts adequately addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation
Incorporated," describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-
specific conditions for the projqct.
10 Rev. 03/28/96
DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCRIPTIONrnNVIRONMENTAL SETTING
The proposed project is within the Village Redevelopment area, District number four, and consist
of ten condominium units, ten single car garages, ten open parking spaces for residents and five
guest parking spaces. The building is a three story structure with a total of 12, 060 square feet of
inhabitable space, 16,560 total square feet, and a building coverage of 8,950 square feet. The
project is conditioned to provide public street improvements in the form of curb, gutter, and
sidewalk along State Street and Laguna Drive. Access to the site will be via a driveway
approach off of Laguna Drive. The adjacent property to the south is developed with a residential
land use and the adjacent property to the east is vacant land.
.
The project site is currently vacant and does not contain any natural, cultural, or biological
resources. The existing streets are adequate to handle the traffic generated by the project and the
existing infrastructure is in place to provide services to the project.
11 Rev. 03/28/96
11. ENVIRON&IENT.-\L ANALYSIS
B. Environmental Impact Discussion
Air Quality
The implementation of subsequent projects that are consistent with and included in the updated
1994 General Plan will result in increased gas and electric power consumption and vehicle miles
traveled. These subsequently result in increases in the emission of carbon monoxide, reactive
organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the
major contributors to air pollution in the City as well as in the‘San Diego Air Basin. Since the
San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered
cumulatively si,onificant: therefore, continued development to buildout as proposed in the
updated General Plan will have cumulative significant impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan buildout, a variety
of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions
for roadway and intersection improvements prior to or concurrent with development; 2) measures
to reduce vehicle trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage alternative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is
located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked
“Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the
preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City
Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air
quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent
projects covered by the General Plan’s Final Master EIR, including this project, therefore, no
further environmental review of air quality impacts is required. This document is available at the
P laming Department .
TransportatiodCirculation
The implementation of subsequent projects that are consistent with and included in the updated
1994 General Plan will result in increased traffic volumes. Roadway se,ments will be adequate
to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely
impacted by regional through-traffic over which the City has no jurisdictional control. These
generally include all freeway interchange areas and major intersections along Carlsbad
Boulevard. Even with the implementation of roadway improvements, a number of intersections
are projected to fail the City’s adopted Growth Management performance standards at buildout.
To lessen or minimize the impact on circulation associated with General Plan buildout, numerous
mitigation measures have been recommended in the Final Master Em. These include measures
to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop
alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian
linkages, and commuter rail systems; and 3) participation in regional circulation strategies when
12 Rev. 03128i96
- -
adopted. The diversion 0. .cgional through-traffic from a failing interstate or State Highway
onto City streets creates impacts that are not within the jurisdiction of the City to control. The
applicable and appropriate General Plan circulation mitigation measures have ’ either been
incorporated into the design of the project or are included as conditions of project approval.
Regional related circulation impacts are considered cumulatively significant because of the
failure of intersections at buildout of the General Plan due to regional through-traffic, therefore,
the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is
consistent with the General Plan, therefore, the preparation of an EIR is not required because the
recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included
a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of
Ovemding Considerations” ’applies to all subsequent projects covered by the General Plan’s
Master EIR, including this project, therefore, no further environmental review of circulation
impacts is required.
-
The City has received its annual Growth Management Traffic Monitoring Report. The Report
has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport
Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This
potentially creates a changed circumstance negating reliance on previous environmental
documentation. Pursuant to $15162 of the CEQA Guidelines a lead agency must prepare a
“Subsequent” environmental documentation if substantial evidence (Le., the recorded
intersection failure) determines that a changed circumstance exists. However, case law has
interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent
EIR’ if mitigation measures are adopted which reduce the identified impacts to a level of
insignificance.
.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS
into the acceptable range. The mitigation measure involves construction of two dual right turn
lanes-northbound to eastbound and westbound to northbound. This project has been conditioned
to. pay its fair share of the intersection “short-term improvements,” thereby guaranteeing
mitigation to a level of insignificance.
111. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and %e on file in the City of
Carlsbad Planning Department located at 2075 Las Palrnas Drive, Carlsbad, California, 92009,
(760) 438-1 161, extension 4471.
1. Final Master Environmental ImDact ReDort for the City of Carlsbad General Plan Update
(MEIR 93-01), dated March 1994, City of Carlsbad Planning Department.
13 Rev. 03/28/96
LIST OF MITIGATING MA-. iSURES fzF APPLICABLE)
. The Developer shall pay their fair share for the “short-term improvements” to the El Camino
Real/ Palomar Airport Road intersection prior to the issuance of a building permit. The amount
shall be determined by the methodology ultimately selected by Council, including but not limited
to, an increase in the city-wide traffic impact fee; an increased or new Zone LFMP
fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. 1
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
See attached
e
14 Rev. 03/28/96
APPLICANT CONCURRE, .d~ WITH MITIGATION MEASURE’S
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
15 Rev. 03/28/96
..
2 Z
-_ ENVIRONMENTAL MITlC+TlON MONITORING CHECKLIST: ge 1 of I
w
a t-
13
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t 3 ul m
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0
- EXHIBIT 2 -
DESIGN REVIEW BOARD RESOLUTION NO. 272
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
APARTMENT PROJECT ON PROPERTY LOCATED AT 2530 STATE
STREET IN LAND USE DISTRICT 4 OF THE VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1.
CASE NAME: PARK LAGUNA APARTMENTS
REDEVELOPMENT PERMIT NUMBER RP 99-03 FOR A TEN (10) UNIT
APN: 203-101-32 & 203-101-33
CASE NO: RP 99-03
WHEREAS, Park Laguna, LLC, a California Limited Liability Company, “Developer”, has
filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad
regarding property it owns, and known as Assessor Parcel Numbers 203-101-32 and 203-101-33 and
more thoroughly described in Attachment A, (“the property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit,
including: variance requests for front, rear and side yard setbacks to exceed the maximum range and to
allow for a reduced front yard setback to a number within the acceptable range; the establishment of
the RH density range (1 5-23 dwelling units per acre) for the property; and a density increase to exceed
the established Growth Management Control Point in exchange for the provision of one affordable
housing unit; and Site Development Plans for the entire multi-family residential project. and the
affordable housing unit, all as shown on Exhibits A-E, dated December 16, 1999, on file in the
Housing and Redevelopment Department, “Park Laguna Apartments RP 99-03”, as provided by
Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 16” day of December, 1999, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing on the 16” day of December, 1999, upon hearing and
considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered
all factors relating to “Park Laguna Apartments RP 99-03”
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows:
A. That the foregoing recitations are true and correct.
DRB RES0 NO. 272
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-.
B. That based on the evidence presented at the public hearing, the Design Review Board
RECOMMENDS APPROVAL of Park Laguna Apartments RP 99-03, based on the
following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board finds that the project, as conditioned herein and with the findings
contained herein for setback variances, the establishment of the RH density designation
for the project, and the granting of a density increase to exceed the Growth Management
Control Point, is in conformance with the Carlsbad Municipal Code, the City’s General Plan,
the Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual
based on the facts set forth in the staff report dated December 16, 1999 including, but not
limited to the following:
a. The project will provide for a permitted use (multi-family residential) in an
appropriate location within Land Use District 4 of the Village Redevelopment
Area.
b. The project is consistent with the land use plan, development standards for Land
Use District 4, design guidelines, and other applicable regulations set forth in the
Village Master Plan and Design Manual, with the exception of the requested
variances.
C. 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
improved to serve the development. The pedestrian spaces and circulation have
been designed in relationship to the land use and available parking. Pedestrian
circulation is provided through pedestrian-oriented building design, landscaping,
and hardscape. Public facilities have been or will be constructed to serve the
proposed project. The project has been conditioned to develop and implement a
program of “best management practices” for the elimination and reduction of
pollutants which enter into and/or are transported within storm drainage
facilities.
d. The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is being developed on a vacant lot which has
appropriate zoning for a multi-family residential use. The project is also
consistent with the Open Space requirements for new development within the
Village Redevelopment Area.
e. 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.
f. 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
enter into an Affordable Housing Agreement to provide and deed restrict one (1)
dwelling unit as affordable to low income households and pay an in-lieu
affordable housing fee for the remaining portion (.5) of the inclusionary housing
requirement.
DRB RES0 NO. 272
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2. The Design Review Board finds as follows to allow for variances for front, side, and rear
yard setbacks that exceed the standard range:
a.
b.
C.
d.
e.
That the application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development inconsistent
with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
that strict adherence to the setback standards would result in a very boxy and
massive structure. The increased setbacks on portions of the front, sides and rear
of the property allows for greater architectural interest and serves to break up
the mass of the building, which is in keeping with the general purpose and intent
of the Carlsbad Village Redevelopment Plan.
That there are exceptional circumstances or conditions unique to the property or the
proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that the
project is the first multi-family residential project proposed in this portion of the
redevelopment area. This unique condition applicable to the proposed use
establishes certain needs for livability. Strict adherence to the lower setback
standards reduces the livability of the project. The increased setback standards
create a greater sense of the open space that is essential for increasing the
livability of the project.
That the granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area, in that the
increased setback standards reduce impacts to surrounding properties. The
setbacks above the maximum range will not have a detrimental impact on
neighboring properties because other properties along State Street and Laguna
Drive have setbacks that exceed the maximum allowed. The increased setback
along State Street and Laguna Drive actually assists in the effort to create a more
visually appealing building within the front elevation. The increased setback
along the side and rear property lines enables more on-site parking without
expanding the mass of the building, therefore reducing the impact on
neighboring properties to the east and south.
That the granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that those standards were intended to be
somewhat flexible in order to encourage diversity and variety of development.
The portions of the project that exceed the standard range do not create a
situation which contradicts the intent of the standards established in the subject
document.
The subject project is in a location that has varying setbacks. The property to the
south is setback further from State Street than the proposed project. The
property to the east is currently vacant, but the property owner has discussed
with staff a willingness to develop the property as a multi-family condominium
project with similar setbacks as the proposed project. Across Laguna Drive there
is an existing park, which contributes to the sense of open space, and residential
units which have been previously converted to office space, all of which maintain
greater setbacks than that which are proposed for the subject project. The
varied setbacks along State Street and Laguna Drive allow for greater
architectural articulation, resulting in a building that maintains a strong street
presence yet is visually interesting and appealing.
DRB RES0 NO. 272
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3.
4.
f. It is anticipated that the adjacent properties to the south and east will be
redeveloped as similar residential uses. The increased setback on the south and
east sides of the building create a greater separation between the proposed
project and that which may be developed on both adjoining lots. This increased
separation would help protect the livability of the proposed residential
development and that which may be developed in the area. Therefore, the
increased setback is consistent with the area and will reinforce the Village
character.
The Design Review Board finds as follows to allow for a reduced front yard setback to a
number within the acceptable range to allow for one deck on the northeast corner of the
second story and one deck on the northeast corner of the third story to be located 8 feet
from the front property line:
a. The reduced standard will not have an adverse impact on surrounding properties in
that the reduced standard is along the front of the property and the only property
that has the potential for impact is the property immediately adjacent and to the
east, which is currently vacant.
b. The reduced standard will assist in developing a project which meets the goals of the
Village Redevelopment Area and is consistent with the objectives for the land use
district in which the project is to be located, in that the reduced standard will allow
for the provision of decks for each of the proposed residential units. The decks
will provide greater architectural interest along the front of the project and
provide room for landscape planters and flower boxes which adds to the amount
of landscaping on the property and is consistent with the goals of the Village
Redevelopment area and the objectives for Land Use District 4.
c. The reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the Village character of the area, in that the
reduced standard will allow for the subject decks to be built at the same size as
the other decks in the project and this will provide for architectural consistency
through out the project, which is in keeping with the design guidelines set forth
for the Village Redevelopment Area. The decks and the landscaping to be placed
on them will assist in the effort to make the building visually interesting and . more appealing.
The Design Review Board hereby finds that the appropriate residential density for the project
is RH (15-23 dwelling units per acre), which has a Growth Management Control Point
(GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density
designation is as follows:
a. The density is compatible with the surrounding area which contains a variety of
uses such as residential, commercial office, retail, and light industrial. Residential
uses in the area range from single family residential to high density multi-family
residential. The RH General Plan density designation allows for the construction
of a project that is compatible with the mixture of surrounding uses in terms of
size and scale.
b. The RH General Plan density designation serves to satisfy the goals of the Village
Redevelopment Master Plan by increasing the number, quality, diversity, and
affordability of housing units within the Village.
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5.
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C. The RH General Plan density designation serves to satisfy the objectives of Land
Use District 4 by increasing the number of residential units in close proximity to
shops, restaurants, and the commuter rail station.
In accordance with the Carlsbad General Plan Land Use Element (Residential Goal C.2) and
Carlsbad Municipal Code Chapter 2 1.53 , the Design Review Board finds as follows to allow
for a density increase to 22 dwelling units per acre, which is over the Growth Management
Control Point of 19 dwelling units per acre, for purposes of providing one affordable housing
unit:
a. The project is compatible with surrounding land uses. The land uses in the
surrounding area include a variety of uses such as residential, commercial office,
retail, and light industrial. In addition, higher quality residential projects are
encouraged in Land Use District 4 as set forth in the Village Master Plan.
b. The public facilities such as sewer, water, and other public improvements, are
currently in place and adequate to accommodate construction of the project.
C. The project is located in close proximity to a freeway (I-S), major roads
(Carlsbad Blvd. and Carlsbad Village Drive), parks (Maxton Brown Park and
Magee Park), and the Village Commuter Rail and Transit Station.
In accordance with Carlsbad Municipal Code Chapter 21.06, the Design Review Board finds
as follows to grant the required Site Development Plan (Major Redevelopment Permit) for a
ten-unit apartment project with one unit set aside as affordable to low income households:
a. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan,
will not be detrimental to existing uses or to uses specifically permitted in the area in
which the proposed use is to be located, and will not adversely impact the site,
surroundings or traffic circulation, in that with approval of the requested variances,
the proposed structure is in conformance with the established development
standards and design guidelines for the subject property. Additionally, the
proposed project is consistent with the various elements and objectives of the
General Plan as outlined above
b. That the site for the intended use is adequate in size and shape to accommodate the
use, in that the proposed project meets all development standards for the subject
property including; minimum setbacks standards, building coverage, building
height, parking, and open space.
C. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will
be provided and maintained, in that the proposed project meets and exceeds the
minimum setback requirements for all yards providing sufficient yard area.
Additionally, walls, fences and landscaping have been incorporated into the
overall design of the project, where necessary, to screen the residential units from
adjacent uses.
d. That the street systems serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that 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 improved to serve the development. The
pedestrian spaces and circulation have been designed in relationship to the land
use and available parking.
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GROWTH MANAGEMENT FINDINGS:
7.
8.
As set forth in Carlsbad Municipal Code Chapter 21.90, the Design Review Board finds as
follows to allow for a density increase to 22 dwelling units per acre, which is over the Growth
Management Control Point of 19 dwelling units per acre, but does not exceed the density
range of 15-23 dwelling units per acre:
a. There is no need for the project to provide additional public facilities for the
density in excess of the control point. The Developer has been conditioned to pay
the appropriate public facilities fee for the subject project which will ensure that
adequate public facilities will be provided within the area to serve this and other
projects in the future.
b. There have been sufficient developments approved in the northwest quadrant of the
City at densities below the control point to offset the units in the project above the
control point so that approval will not result in exceeding the quadrant limit.
C. All necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
created by this development and in compliance with the adopted City standards.
The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment; water;
drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer service
remains available and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval.
C. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to the issuance of building permit.
d. 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.
e. The project is conditioned to comply and remain consistent with the City’s
Landscape Manual, adopted by City Council Resolution No. 90-384.
GENERAL CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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1.
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9.
10.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City/Agency shall have the right to revoke or
modify all approvals herein granted; deny or further condition issuance of all future building
permits; deny, revoke or further condition all certificates of occupancy issued under the
authority of approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are
gained by Developer or a successor in interest by the City’dAgency’s approval of this Major
Redevelopment Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major Redevelopment Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section 66020.
If any such condition is determined to be invalid this approval shall be invalid unless the
Housing and Redevelopment Commission determines that the project without the condition
complies with all requirements of law.
The Developer shall implement, or cause the implementation of, the Major Redevelopment
Permit Project Mitigation Monitoring and Reporting Program.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the Redevelopment Agency of the City of Carlsbad, its governing body members,
officers, employees, agents, and representatives, from and against any and all liabilities,..
losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred
by the Agency arising, directly OT indirectly, from (a) Agency’s approval and issuance of this
Major Redevelopment Permit, @) Agency’s approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated herein,
and (c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Housing and Redevelopment Department a reproducible
24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the conditions
approved by the final decision making body.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the School District that this project has satisfied its obligation to provide school
facilities.
This project shall comply with all conditions and mitigation measures which are required as
part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits, including but not limited to the following:
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a. the Developer shall pay hidher fair share for the “short-term improvements” to
the El Camino Reawalomar Airport Road intersection prior to the issuance of a
building permit. The amount shall be determined by the methodology ultimately
selected by the City Council, including but not limited to, an increase in the city-
wide traffic impact fee; an increased or new Zone 1 Local Facilities Management
Plan fee; the creation of a fee or assessment district; or incorporation into a
Mello-Roos taxing district.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
Housing Conditions:
12.
13.
14.
Prior to the issuance of building permits for any units, the Developer shall enter into an
Affordable Housing Agreement with the City/Agency to provide and deed restrict 1 dwelling
unit as affordable to lower-income households for the useful life of the dwelling units, in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Housing
and Redevelopment Director no later than 60 days prior to the issuance of building permits.
The recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
The Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
At issuance of building permits, 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.
Noticinp Conditions:
15. The Developer shall report, in writing, to the Housing and Redevelopment Director within
30 days, any address change from that which is shown on the permit application.
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the
Housing and Redevelopment Director, notifying all interested parties and successors in
interest that the City of Carlsbad’s Redevelopment Agency has issued a Mitigated Negative
Declaration and Major Redevelopment Permit by Housing and Redevelopment
Commission Resolution Nos. , and on the real property owned by the Developer.
Said Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Housing and Redevelopment
Director has the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in interest.
DRB RESO NO. 272
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Landscape Conditions:
17. The Developer shall submit and obtain Housing and Redevelopment Director approval of a
Final Landscape and Irrigation Plan showing conformance with the approved Preliminary
Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install
all landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
18. 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.
On-site Conditions - Snecific:
19. The Developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit “A”) with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing and Redevelopment Director. Enclosure shall be of similar colors andor materials
to the project to the satisfaction of the Housing and Redevelopment Director.
20. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and Housing and
Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
2 1. The Developer shall submit and obtain Housing and 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.
22. Developer shall construct, install and stripe not less than 10 single car garages, and 15
parking spaces, as shown on Exhibits “A” and “B”.
ENGINEERING CONDITIONS:
NOTE: Unless specifically stated in the condition, upon the approval of this proposed Major
Redevelopment Permit, all of the following engineering conditions must be met prior to the issuance of
building permits.
1. Prior to issuance of any building permit, the developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is formerly
established by the City.
2. Prior to hauling dirt or construction materials to or fiom any proposed construction site within
this project, the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
3. Developer shall install sight distance corridors at all street intersections in accordance with
Engineering Standards and shall provide the following statement on the building plans:
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"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified as
a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
Developer shall pay all current fees and deposits required.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan into
the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form
provided by the City.
Prior to work in City right-of-way, the Developer shall obtain an Encroachment Permit
for the installation of the private storm drain connecting to the public storm drain inlet
on State Street. This new storm drain pipe shall be a private improvement and shall be
maintained in perpetuity by the current and future owners of this property.
The owner shall make an offer of dedication to the City for all public streets and easements
required by these conditions. The offer shall be made by a separate instrument prior to
building permit issuance. All land so offered shall be granted to the City free and clear of all
liens and encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated. Ten (10) feet shall be dedicated by the owner along the project
frontage of Laguna Drive based on a center line to right-of-way width 30 feet and in
conformance with City of Carlsbad Standards.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System ("DES) permit. The developer shall provide best management practices
as referenced in the "California Storm Water Best Management Practices Handbook" to
reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for
such improvements shall be approved by the City Engineer. Said plans shall include but not
be limited to notifying prospective owners and tenants of the following
a. All owners and tenants shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste
products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 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 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.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Plans, specifications, and supporting documents for all public improvements shall be prepared
to the satisfaction of the City Engineer. In accordance with City Standards, the developer
shall install, or agree to install and secure with appropriate security as provided by law,
improvements shown on the approved site plan which includes, but is not limited to,
pavement, curb, gutter and sidewalk improvements on Laguna Drive and State Street. All
improvements listed above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
DRB RES0 NO. 272
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10. Developer shall install sidewalks along all public streets abutting the project in conformance
with City of Carlsbad Standards prior to occupancy of any buildings.
1 1. Prior to occupancy of any buildings, the developer shall install wheelchair ramps at the public
street comers abutting the subject property in conformance with City of Carlsbad Standards.
WATER, SEWER AND FIRE CONDITIONS:
1. The Developer shall be responsible for all fees, deposits and charges which will be collected
before and/or at the time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for any meter
installation.
2. Water, sewer and irrigation laterals shall be located in accordance with City and District
Standards to the satisfaction of the Deputy City Engineer - Utilities.
3. The following note shall be placed on the building plans: “This project is approved upon the
expressed condition that building permits will not be issued for development of the subject
property unless the District serving the development has adequate water and sewer capacity
available at the time development is to occur, and that such water and sewer capacity will
continue to be available until time of occupancy”.
4. All potable water and recycled water meters shall be placed within public right-of-way.
5. A public fire flow system (including a fire detector check valve assembly) shall be required
for this development and it shall be constructed as a looped pipeline system.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following code requirements.
1. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
2. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17,
the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030,
and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad
Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities
Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxedfees shall be paid
at issuance of building permit. If the taxedfees and not paid, this approval will not be
consistent with the General Plan and shall become void.
3. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
4. This approval shall become null and void if building permits are not issued for this project
within 18 months from the date of final project approval..
5. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance, except as otherwise specifically provided herein.
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The project shall comply with the latest non-residential disabled access requirements pursuant
to Title 24 of the State Building Code.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Housing and Redevelopment..
Prior to occupancy of the first dwelling unit the Developer shall provide all required passive
and active recreational areas per the approved plans, including landscaping and recreational
facilities.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
andor addresses shall contrast to their background color, as required by Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance with
the sign criteria contained in the Village Redevelopment Master Plan and shall require
review and approval of the Housing and Redevelopment Director prior to installation of such
signs.
Developer shall exercise special care during the construction phase of this project to prevent
offsite siltation. Planting and erosion control shall be provided in accordance with the
Carlsbad Municipal Code and the City Engineer.
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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 feedexactions. 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 feedexactions 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 feedexactions 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 special meeting of the Design Review Board of
the City of Carlsbad, California, held on the 16* day of December, 1999 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BILL COMPAS, CHAIRPERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 272
PAGE 13
ATTACHMENT A
PARCEL 1:
THAT PORTION OF LOT 20 OF SEASIDE LANDS,
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 28, 1921, LYING
SOUTHWESTERLY OF A LINE PARALLEL WITH AND 215.39 FEET DISTANT SOUTHWESTERLY FROM
THE WESTERLY LINE OF SECOND STREET
AND SOUTHEASTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTERLY
FROM THE NORTHERLY LINE OF LOT 21 OF SAID SEASIDE LANDS.
IN THE CITY OF CARLSBAD, COUNTY OF SAN
(NOW ROOSEVELT STREET), AS SHOWN ON SAID MAP
EXCEPTING THEREFROM THE SOUTHEASTERLY 78 FEET THEREOF.
ALSO:
ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND TO THE WEST, AS CLOSED TO PUBLIC
USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY,
7, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69,
OFFICIAL RECORDS.
THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP
ON NOVEMBER
1931, PAGE 23 OF
PARCEL 2:
THAT PORTION OF LOT 20 OF SEASIDE LANDS,
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 28,
SOUTHWESTERLY OF A LINE PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM
THZ WESTERLY LINE OF SECOND STREET, AS SHOWN ON SAID MAP AND LYING NORTHWESTERLY
OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTERLY FROM THE NORTHERLY
LINE OF LOT 21 OF SAID SEADSIDE LANDS.
IN THE CITY OF CARLSBAD, COUNTY OF SAN
1921, LYING
ALSO:
ADJACENT TO THE ABOVE! DESCRIBED PARCEL OF LAND ON THE WEST, AS CLOSED TO PUBLIC
USE, BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER
7,
OFFICIAL RECORDS.
THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP
1931, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF
EXHIBIT 3
SITE
u
PARK LAGUNA
RP 99-03
.-- EXHIBIT 4
PARK LAGUNA CONDOMINIUMS C~LSBAD v
The proposed project will have 10 condominium units
with a large single car garage. All are within one 3 story,
Type V one-hour structure of wood frame construction and fully - sprinklered.
The building will have security features, an elevator, 2
stairways and a room (accessible from the ground floor) which
contains bins for both trash and materials to be recycled.
The ground floor will have an enclosed lobby and five
covered guest parking spaces in addition to the 10 single garages. There will also be 10 open parking spaces for
residents.
The second and third floors will each have five units as follows: one 1 BR/1 B unit of 850 s.f., one 2 BR/2 B unit of
1,170 s.f., one 2 BR/2 B unit of 1,240 s.f,, one 2 BR/2 B unit of 1,370 s.f. and one 2 BR/D/2 B unit of 1,400 s.f. All units will total 12,060 s.f. of enclosed spaces.
The six north facing units will have unobstructed views of the park and lagoon. The roof deck will have access by stair only, and it will house mechanical equipment screened from view.
The site will be extensively landscaped with attractive low maintenance plantings and will be separated from adjacent
properties with 6 foot height masonry fences.
The one bedroom b one bath unit on the second floor will be
sold to a low income buyer in order to comply with the City of
Carlsbad ordinance requiring sale to such a buyer. The selling
price will be as determined by the Carlsbad Housing Authority - Low Income House Pricing Calculations for 80% of Median Income for a Two Person Household Size.
The exterior design of the building will incorporate appropriate requirements of DESIGN GUIDELINES, Section 11, pages
119 through 140 / City of Carlsbad Village Redevelopment Master
Plan and Design Manual.
The street facades will have balconies with gable roofs and
architectural details to enhance the area's Village character.
Large blank walls will be avoided, and will be painted in a
neutral color with limited use of brighter colors for roof fascias, balcony railings, etc.
Resident parking will not be visible from the streets and
the covered guest parking spaces will be mostly screened from
view.
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications which will require 1
discretionary action on the part of the City Council or any appointed Board. Commission or Coniminee.
The following information MUST be disclosed at the time of application submirtal. Your prqject caiiiioi
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual. firm, c&parmership, joint venture, association. social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and count!.. city municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below.
1. APPLICANT (Not the applicant‘s agent)
Provide the COMPLETE. LEGAL names and addresses of persons having a financial
interest in the application. If the applicant includes a comoration or partnership. include the
names. title. addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. include the
names. titles. and addresses of the corporate officers. (A separate page may be atcached if
necessap.)
INDIVIDUALS OW MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
Corp/Part
Title ARCH rTEH Title
Address e650 -j) E-jW& 4 m&. Address 7)9R7.4fiA,L4 9 r35&
-. 7 OWNER (Not the owner’s agent) : )c ~4 &fl4 L L L
Provide tlie COMPLETE. LEGAL names and addresses of persons having any ownership
interest in tlie property involved. Also, provide the nature of the legal ownership (Le.
partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a
corporation or ~annersliio. include the names. title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation. include the names. titles. and add-resses of the corporate officers. (A separate‘
page may be anached if necessary.)
2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1161 * FAX (760) 438-0894 @ .-
._ - .. 2. NON-PROFIT OR- NIZATION OR TRUST
If any person identi, A pursuant 10 (I) or (2) above is a nonprofit organizarion or a trust. list the
names and addresses of ANY person servins as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
lu’on Profiflrust Non Profit/Trusr
Title Title
Address Address
4. Have you had more than S250 worth of business transacted with any member of Cit). staff.
Boards. Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes EN0 If yes, please indicate person(s):
~~
NOTE: Attach additional sheets if necessary.
correct to the best of my knowledge.
JoDcofi Fr-rrfim
Print or type name of applicant k Print or type name of owner
Signature of owneriapplicant’s agent if applicableldate
Print or type name of owner/applicant‘s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 .- Page 2 of 2
EXHIBIT 5
VlLLhdE MASTER PLAN DESIGN GUlDtLlNES
CHECKLIST
Provide benches and low walls along public pedestrian
frontages. a
Maintain retail continuity along pedestrian-oriented
frontages.
Avoid drive-through service uses.
Minimize privacy loss for adjacent residential uses.
Encourage off-street courtyards accessible from major
pedestrian walkways.
Emphasize an abundance of landscaping planted to
create an informal character.
Treat structures as individual buildings set within a
landscaped green space, except for buildings fronting on:
Carlsbad Village Drive, State Street, Grand Avenue,
Carlsbad Boulevard and Roosevelt Street
Provide landscaping within surface parking lots ir
Provide access to parking areas from alleys wherever
Locate parking at the rear of lots.
Devote all parking lot areas not specifically required for
parking spaces or circulation to landscaping.
Avoid parking in front setback areas.
Project: Park Laguna Apartments
The are a variety of setbacks along State Street
and Laguna Drive. The proposed project has
setbacks along both streets which range from 8 to
15 feet. The adjacent residential and commercial
properties also provide for varying setbacks along
both streets.
Not applicable
(Intended for commercial properties only.)
Not applicable.
Not applicable.
The property to the east is currently vacant. The
project minimizes the loss of privacy for the
adjacent residential use to the south by
incorporating the open parking lot on this side of
the property and placing trash enclosure on the
northeast corner of the building, away from
residential uses.
Not applicable.
Landscaped areas along all sides of the building
will provide for an informal characterketting.
Project provides for an abundance of landscaping
at the corner of State St. and Laguna Dr. and
provides an attractive entrance to the Village.
Landscaping will be provided along all sides of the
building.
Surface parking is minimal and surrounded by
landscape strips.
The property does not abut an alley.
Parking is located at the rear of the lot and
underneath the building.
All areas not required for parking spaces and
driveway aisles have been landscaped.
No parking is provided in the front setback area.
Design Guidelines - Park Laguna Apartments
Page 2
Avoid curb cuts along major pedestrian areas.
Avoid parking in block corner locations.
Provide setbacks and landscaping between any parking
lot and adjacent sidewalks, alleys or other paved
pedestrian areas.
Avoid buildings which devote significant portions of their
ground floor space to parking uses.
Place parking for commercial or larger residential
projects below grade wherever feasible.
Enhance parking lot surfaces.
Provide for variety and diversity. Each building should
express its uniqueness of structure, location or tenant
and should be designed especially for their sites and not
mere copies of generic building types.
Step taller buildings back at upper levels.
Break large buildings into smaller units.
Maintain a relatively consistent building height along
block faces.
Utilize simple building forms. Trendy and “look at me”
design solutions are strongly discouraged.
There will be one curb cut along Laguna Dr.
All parking is screened or hidden from public view.
A majority of the parking is completely screened
from public view by being integrated into the
building. Five guest-parking spaces are located
along Laguna Drive but are screened by low walls
and landscaping.
Although much of the parking is located at ground
level with the building above, the project is
designed with the lobby and front entrance having
a strong presence in the front of the building along
State Street. Ground level parking is fully
integrated into the building design and plays a
more subordinate role by being fully screened.
The applicant found it to be financially infeasible to
provide parking below grade and still provide an
affordable housing unit.
Stamped concrete is shown along the driveway
entrance to the project with decorative concrete
along the drive aisles leading to the garages.
The proposed design of the building provides for
articulation in the building, varying setbacks, and
other architectural features which provide for a
unique character.
The building is setback away from the property
lines adjacent to the public streets. The project
incorporates decks on the second and third floors
with the use of balconies in lieu of stepbacks.
Varying roof elements and setbacks break up the
mass of the building.
The height of the building is fairly consistent with
the height of the commercial office buildings
across State Street.
The building has been designed with simple lines
and forms but allows for representation of the
Village character desired for the area. The building
is not trendy or “look at me” in design.
Design Guidelines - Park Laguna Apartments
Page 3
Emphasize the use of gable roofs with slopes of 7 in 12
or greater.
Encourage the use of dormers in gable roofs.
Gabled-type roofs and roof features with the de-
sired pitch have been provided within the project.
The project design does not lend itself to the use
of dormers.
Emphasize wood and composition shingle roofs, with the
exception that in the Land Use District 5 clay tile roofs
are acceptable.
The project provides a flat cement tile roof which is
consistent with the architectural design intended
for the project as well as other projects in the area.
~ ~ ~ ~~~
Avoid Flat Roofs 1 The building does not incorporate flat roofs.
Screen mechanical equipment from public view. I This will be a requirement of the project.
Avoid mansard roof forms. I A mansard roof is not designed into project.
Emphasize an informal architectural
facades should be visually friendly.
character. Building
Design visual interest into all sides of buildings.
Utilize small individual windows except on commercial
storefronts.
By providing for attractive facades and
landscaping, the project is very visually appealing.
Visual interest is added to the building through
architectural features.
The design of the building incorporates design
elements into all building facades, thereby creating
visual interest in the building. The project makes
good use of both gable and hipped roof lines,
balconies, and landscaping.
The proposed.project provides for windows that
are appropriate to a residential project and
consistent with the Village character.
Provide facade projections and recesses.
Give special attention to upper levels of commercial
structures.
The building design provides for recesses and
projections which will create shadows and
contrast.
Not applicable.
Provide special treatment to entries for upper level uses. The upper levels of this building will be accessed
through internal stairways, Therefore, no special
treatment of upper level use entries is necessary.
The name of the project and the street address will
be incorporated into the facade along State Street.
Balconies provide ample room for flower boxes
and landscape planters.
The materials and colors proposed for the building
will not conflict with adjacent developments.
Utilize applied surface ornamentation and other detail
elements for visual interest and scale.
Respect the materials and character of adjacent
development.
Design Guidelines - Park Laguna Apartments
Page 4
Emphasize the use of the following wall materials: wood
siding; wood shingles; wood board and batten siding; and
stucco.
The exterior walls utilize a textured stucco finish of
neutral color and horizontal wood siding along
balconies and stairways.
At this time, none of the noted materials have
been indicated for use.
Avoid the use of the simulated materials; indoor/outdoor
carpeting; distressed wood of any type
Avoid tinted or reflective window glass. The windows are clear glass.
The applicant will be using anodized aluminum
windows and trim.
Utilize wood, dark anodized aluminum or vinyl coated
metal door and window frames.
Avoid metal awnings and canopies. The applicant has proposed no awnings or
canopies.
The project utilizes a light and neutral color
scheme.
The project incorporates less than 3 colors.
Utilize light and neutral base colors.
Limit the materials and color palette on any single
building (3 or less colors)
Provide significant storefront glazing. Not applicable.
Not applicable. Avoid large blank walls.
Not applicable. Encourage large window openings for restaurants.
Encourage the use of fabric awnings over storefront
windows and entries.
Not applicable.
~~
Emphasize display windows with special lighting. Not applicable.
Encourage the use of dutch doors. Not applicable.
Utilize small paned windows Not applicable.
Not applicable. Develop a total design concept.
~~
Provide frequent entries. Not applicable.
Limit the extent of entry openings. Not applicable.
Not applicable. Avoid exterior pull down shutters and sliding or fixed
security grilles over windows along street frontages.
Emphasize storefront entries. Not applicable.
Integrate fences and walls into the building design. Not applicable.
* Design Guidelines -Park Laguna Apartments
Page 5
Locate residential units near front property lines and
orient entries to the street.
Provide front entry porches.
Encourage front entry gardens
The main entry and individual balconies are
oriented to the street.
The main entry on State Street incorporates a
porch like design.
~~ ~
Landscaping is proposed along both street
frontages to contribute to the overall visual quality
of the neighborhood. Ample room is available on
the balconies for residents to incorporate flower
boxes and landscape planters on the upper levels,
Provide windows looking out to the street.
Utilize simple color schemes.
Windows and balconies look out to the street.
A neutral base color (stucco) with a light color trim
(wood siding) is utilized. 1) Provide decorative details to enrich facades. 1 Decorative details are minimized.
Emphasize "cottage" form, scale and character.
Emphasize an abundance of landscaping.
Limit access drives to garages or surface parking areas.
Street facades have balconies, gabled roofs, and
architectural details to enhance the Village
character.
An abundance of landscaping is provided along
both street frontages and at the highly visible
northwest corner of the property.
There is one access drive to the project off Laguna
Drive maximizing the amount of landscaping
adjacent to State Street.
~ ~~~~
Encourage detached garages which are subordinate in
visual importance to the house itself.
Provide quality designed fences and walls.
~~ ~~
Not applicable.
Low stucco walls matching the facade of the
building are incorporated along Laguna Drive to
screen guest parking.
Visually separate multi-family developments into smaller
components.
The balconies and gable roofs along the street
frontages create vertical elements which are
consistent with the desired Village character.
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5
- EXHIBITC
OF CARLSBAD HOUSING & REDEVELOPMENT DEPARTMENT
THELMA I, HAYES, POBox 1366, Carlsbad, CA 92018 Ph. 760/434-3580
December 16, 1999
Carlsbad Design Review Board
Re:RP 99-03 - Park Laguna Apartments
The project is a much needed enhancement to the Redevelopment
Area. It reduces the blight and hopefully will stimulate a
similar development in the remainder of the block.
Sincerely yours,
7
Y Thelma I. Hayes