HomeMy WebLinkAbout2021-10-19; City Council; Resolution 2021-241Oct. 19, 2021 Item #7 Page 6 of 47
RESOLUTION NO. 2021-241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH AVRP STUDIOS, INC.
TO PREPARE OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE
THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE
DEVELOPMENT PROJECTS WITHIN THE VILLAGE AND BARRIO MASTER PLAN
AREA, APPROVING A CHARTER FOR A DESIGN REVIEW COMMITTEE TO REVIEW
AND PROVIDE RECOMMENDATIONS ON THE DRAFT OBJECTIVE DESIGN
STANDARDS; AND APPROPRIATING GRANT FUNDING OF $160,000 TO THE
GENERAL FUND TO IMPLEMENT THE PROJECT IN FISCAL YEAR 2021-2022
EXHIBIT 1
WHEREAS, the City Council on Jan. 19, 2021, authorized application for, and receipt of, Local
Early Action Planning grant program funds from the California Department of Housing and Community
Development; and
WHEREAS, the City of Carlsbad was awarded a LEAP grant in the amount of $500,000, of which
$120,000 was awarded to prepare the city's permit-ready accessory dwelling unit program, $220,000
was awarded to assist the city with its Housing Element update, and $160,000 was awarded to prepare
objective design standards and a streamlined permitting process for multifamily housing and mixed-
use development projects within the Village and Barrio Master Plan area; and
WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code
Section 3.28.060(D), to obtain professional services to prepare objective design standards and
procedures to streamline the permitting process for multifamily housing and mixed-use development
projects within the Village and Barrio Master Plan area; and
WHEREAS, after review of the three proposals submitted in response to the request for
proposals, staff recommends AVRP Studios, Inc. as the most qualified consultant for the project; and
WHEREAS, city staff and AVRP Studios, Inc. negotiated a scope of work and schedule with an
associated fee for an amount not to exceed $160,000, which is to be fully funded by the LEAP grant;
and
WHEREAS, the consultant costs to complete the scope of work will be paid by the City of
Carlsbad and the city will be reimbursed through the LEAP grant funds program; and
WHEREAS, the proposed professional services agreement with AVRP Studios, Inc., including the
scope of work, fee, and schedule, is provided as Attachment A; and
Oct. 19, 2021 Item #7 Page 7 of 47
WHEREAS, on Dec. 10, 2019, City Council directed staff to return to City Council on the
formation of an ad-hoc design review committee to work with the consultant (AVRP Studios, Inc.) on
developing objective design standards including a potential palette of architectural design styles for
the Village and Barrio Master Plan area; and
WHEREAS, committee members will voluntarily serve for approximately one year as described
in the design review committee charter and will review objective design standards including a new
palette of architectural design styles for multifamily housing and mixed-use development projects in
the Village and Barrio Master Plan area; and
WHEREAS, the proposed design review committee charter, which includes a mission statement,
principles of participation, member roles, and meeting requirements, is provided as Attachment B; and
WHEREAS, the City Planner determined on October 1, 2021, the Professional Services
Agreement with AVRP Studios, Inc. is an activity that is not a project as defined by the California
Environmental Quality Act Section 21065 and State CEQA Guidelines Section 15378(b)(4), because the
activity involves execution of a contract which, on its own accord, will not cause significant
environmental impact. As such, this activity is not subject to CEQA pursuant to Section 15060(c)(3).
This determination is predicated on Section 15004 of the guidelines, which provide direction to lead
agencies on the appropriate timing for environmental review; and
WHEREAS, the City Planner determined on October 1, 2021, the design review committee
charter is an activity that is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that initiating enabling legislation
for the design review committee does not meet CEQA's definition of a "project," because the action
constitutes organizational or administrative activities of government that will not result in direct or
indirect physical changes in the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the City Manager is authorized and directed to execute the professional services
agreement with AVRP Studios, Inc. (Attachment A), to assist in the preparation of
objective design standards, including a new palette of architectural design styles, and
Oct. 19, 2021 Item #7 Page 8 of 47
procedures to streamline the permitting process for multifamily housing and mixed-use
development projects within the Village and Barrio Master Plan area.
3. That the City Manager is authorized to execute the City of Carlsbad Local Early Action
Planning Grants Program application, the LEAP grant documents, and any amendments
to the documents, on behalf of the City of Carlsbad as required by the California State
Department of Housing and Community Development for receipt of the Local Early LEAP
grant funds.
4. That the Deputy City Manager, Administrative Services is authorized to appropriate
$160,000 in funding to the General Fund to be reimbursed by LEAP grant funds.
5. That the City Council approves a charter for a design review committee to review
objective design standards, including a potential new palette of architectural design
styles, for multifamily housing and mixed-use development projects within the Village
and Barrio Master Plan area (Attachment B).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of October 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
None.
Hall.
lerk Services Manager
Oct. 19, 2021 Item #7 Page 9 of 47
DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0
AGREEMENT FOR OBJECTIVE DESIGN STANDARDS AND
STREAMLINED PROCESSING SERVICES
AVRP STUDIOS, INC
()HIS AGREEMENT is made and entered into as of the a2..-I ..s,_t. day of
f;,L ~ , 2021, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and AVRP STUDIOS, INC., a California corporation ("Contractor").
RECITALS
A. City requires the professional services of a design company that is experienced in
urban design and coding services.
B. Contractor has the necessary experience in providing professional services and
advice related to objective design standards and streamlined processing.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of three (3) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional two (2)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
one hundred sixty thousand dollars ($160,000). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. The City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or
Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
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in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Shelley Glennon
Title Associate Planner
Department Comm. Dev.
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 760-602-4605
For Contractor
Name Howard M. Blackson Ill, CNUac
Title Director of Urban Design
Address 703 16th St, Suite 200 -~------------
San Diego, CA 92101
Phone No. 619-704-2670
Email hblackson@avrpstudios.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes ■ D
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17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem . In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
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Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees . Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE _
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 .-vHIBIT "A"
SCOPE OF SERVICES
TASK 1 -CREATE ODS AND SPP
1.1 Document Review and Kick-Off Meeting. Our team will:
• Review the basic toolkit that our team will provide;
• Review basic Table of Contents, graphic standard and sample
chapter;
• Identify key questions to include in an on line/citizen surveys;
• Identify high-expectation sites in the project area;
• Identify data-needs requests with City staff beyond references
listed in the RFP, such as prior development applications in the
Project area, GIS data, and City staff preferences.
Meetings: One meeting with the City Staff/PM up to 4 hours.
Deliverables: None
1.2 Site Visits and Work Sessions. Our team will work with the
City staff project manager to schedule a site visit, and meet with
City staff to review and confirm the direction on:
• The approach to integrating new standards in the Master Plan;
• The approach to the Table of Contents, graphic standards,
applicant procedures and processes, and each chapter;
• The approach to the new standards on the Master Plan;
• The approach to procedural changes/additions;
Our team will be in the field gathering a visual inventory of
exemplary developments, identified by the community and/or
by our team, to inform this process and the eventual standards.
Upon concluding all site visits and work sessions, our team
will prepare an existing conditions memo that summarizes the
conditions. After distribution of the existing conditions memo,
our team will meet with the City staff in a work session to
discuss the memo and any clarifications, outstanding questions
and/ or data needs, and to review next steps.
1.3 Develop Base Map and Objective Design Standard Place
Types and Multi-Family Building Types.
Using GIS information, our team will develop a base map for
each of the parcels within the project area. We will then identify
the palette of Multi-Family (MF) locations in each district within
the Village and Barrio Master Plan. For example, MF sites
are located in different contexts within each district, such as
transition lots between districts (VC and VG) or on large lots
along the train tracks and small lots in a neighborhood in the
same district (PT district). This is done to identify a variety of
MF building types within each district (3-5 architectural styles
consistent with the community's character and vision), required
building form, and approaches to parking.
The MF building types will describe the physical characteristics
and disposition of different types by context, such as mid-
block, corner, and edge conditions. This information will
guide the preparation of detailed objective design and
development standards in each community. The palette and
recommendations will be reviewed by the Ad Hoc Committee
and City staff. Written comments will be compiled into one set
of noncontradictory comments for our team to use in preparing
an Administrative Draft of Building Types.
Meetings: None
Deliverables: PDF catalog of 3 -5 MF Building Types.
1.4 Administrative Draft. Upon reviewing the comments
on the selected Building Types, our team will preparethe
Administrative Draft Objective Design Standards. The team will
prepare the ODS Administrative Draft based on the direction
received in Task 1.3. Our team will present the Administrative
Draft to the City staff. The Administrative Draft will be reviewed
by the Ad Hoc Committee. Written comments will be compiled
into one set of non-contradictory comments for our team to use
in preparing the Final Draft.
Meetings: One meeting with the City Staff/PM/ORB
Deliverables: None
1.5 Develop Multi-Family Development Architectural Design
Standards. Our team will prepare an Architectural Styles
chapter per DRB recommendations. This chapter will be part
of the Objective Design Standards section. The chapter will
describe the intent of the architectural standards, provide
illustrations for each of the 3 -5 architectural styles, and
include checklists of materials and finishes, lighting standards,
siding, rooflines, fenestrations, eaves, color, cornice lines, and
balconies. The chapter will identify the required approach with
existing historic buildings, and architectural elements for multi-
family buildings.
Meetings: Coordination with City Staff/PM and DRB.
Deliverables: Multi-Family Architecture Design Standards.
1.6 Develop Procedural and Form Changes. Based on the
review of existing administrative procedures, community
input, working group discussions and team discussions, we will
prepare a draft of administrative procedures and processes
that streamline the development application and entitlement
review process, including drafts of the application and review
forms and checklists. Our team will research existing multifamily
housing and mixed-use project permit processes, practices,
and materials and develop a permit processing program for
the Village and Barrio Master Plan. Collaborating with city
staff, our team will provide input on updated administrative
procedures intended to facilitate the permitting process for
project applicants. A clear and easy to understand process will
also increase staff efficiency with the goal of reducing review
time for multifamily and mixed-use residential housing projects
by ±50% per stated objectives.
Meetings: Small Group meeting with the City Staff.
Deliverables: Draft PDF of Streamlining Procedures
1.7 Final Draft ODS & SPP Document. Based on the review
of existing administrative draft, screencheck, DRB review and
recommendations, community input, working group discussions
and team discussions, and we will prepare the final draft of the
ODS and SPP administrative procedures and processes.
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TASK 2 -NECESSARY DOCUMENT AMENDMENTS
2.1 Village and Barrio Master Plan Amendment and
Local Coastal Program Amendment. Identify and make
recommendations for a Master Plan Amendment(s) and Local
Coastal Program Amendment with a review of policies and
standards as part of Task 1. Harris and Associates will prepare
recommendations for the appropriate CEQA Compliance and
CEQA determination (e.g., addendum, exemption, negative
declaration), provided under a separate scope and cost estimate
to complete the CEQA analysis.
Meetings: Meeting(s) with City staff.
Deliverables: PDF of Final Draft and Procedures
TASK 3 -EDUCATION MATERIALS AND TRAINING
3.1 Training Materials. To assist the city in clearly understanding
the new standards and permitting process with an updated
methodology for project review based on the new standards,
our team will lead a series of training sessions to walk staff
through the applicants and reviewers forms and procedures.
We will facilitate workshops to explain the processing and
review roles and expectations for city staff and development
applicants. All training materials will be available for the public.
Meetings: Up to two (2) small group training sessions.
Deliverables: Prepare training materials, sample project
applications, staff review checklists, and a PowerPoint to
educate and train staff with an overview of the procedures and
materials (graphic simulations) to process project applications.
TASK 4 -COMMUNITY OUTREACH/HEARINGS
4.1 Ad Hoc Design Review Committee will be a driving force of
the palette of architectural styles. We will attend meetings and
facilitate meetings per ORB and City staff direction.
Meetings: Attend all meetings and lead/facilitate at least three
(3) meetings in coordination with City staff and chair.
Deliverables: Prepare informational and draft plan materials,
and presentations.
4.2 Individual Meetings to Review Administrative Draft
(Screencheck and Public Draft). Our team will facilitate either
one or a series of in-person meetings with the community
to present and discuss the Administrative Draft Standards.
Alternatively, this meeting can occur after a community's review
of the Draft but prior to compiling the Ad Hoc Committee's
comments for submitted to our team. Assist the City's
Communication & Engagement's Division to provide them with
content/data for items including the project website, social
media content, informational video and online surveys.
Meetings: Up to three (3) small group or one (1) large group
Community meetings in coordination with City Staff and ORB.
Deliverables: Community Engagement Plan Document
12. Public Hearings. We will coordinate with city staff to
prepare for and attend up to three (3) public hearings to adopt
the proposed objective design standards and related documents
and/or materials.
Meetings: Up to three (3) Public Hearings. On-call assistance
(conference call and email correspondence).
Deliverables: An adopted ODS Amendment.
Oct. 19, 2021 Item #7 Page 18 of 47
Carlsbad Objective Design Standards
Project Schedule
ID Task Name Jouration St,rt !Finish I 2022 I I I I I I I 2
Nov Jan Ma, Ma" I Jul Seo Nov Jan Ma, Ma"
1 Task 1 -Create Objective Design Standards 399 days Tue 4/6/21 Fri 10/14/22
,___ ---·-·· -8 Phase 1-Due Diligence 3 mons Mon 11/1/21 Fri 1/21/22
,__ .......... ___ ~~·-----------~-9 Phase 2 -Design 6mons Mon 5/2/22 Fri 10/14/22
,__ .. ·-· -· ------.. --··-10T sk 2 -City Document Amendment Gmons Thu 12/1/22 Wed 5/17 /23
,_ -----11 T sk 3 -Education Materials and Training 3 mons Tue 2/1/22 Mon4/25/22
-12T sk 4 -Community Outreach and Hearings 240 days Mon 11/1/21 Fri 9/30/22 Task 4 -Community Outreach and Hearings
--13 Hearings 2 mons Mon 5/2/22 Fri 6/24/22 Hearings
--------.. ..
14 Ad Hoc DRB Work 1 12 mons Mon 11/1/21 Fri 9/30/22 Ad Hoc DRB Work 1
Task Project Summary Manual Task Start-only [ Deadline ◊
Split Inactive Task -Duration-only Finish-only ] Progress
Milestone ◊ Inactive Milestone Manual SummaryRollup External Tasks Manual Progress
Summary " Inactive Summary Manual Summary External Milestone ◊
Page 1
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Oct. 19, 2021 Item #7 Page 20 of 47
DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0
RATE SCHEDULE (per fee structure)
Project Manager, AVRP Studios, Howard Blackson$ 180.00
Administrative/Graphiics Support, AVRP Studios Staff$ 130.00
Design Director, Torti Gallas, Neal Payton$ 200.00
Associate, Torti Gallas, Rogelio Huerta $ 150.00
Administrative/Graphics Support, Torti Gallas Staff$ 115.00
Senior Director, Harris and Associates, Diane Sandman $ 285.00
CEQA Project Manager, Harris and Associates, Kristin Blackson $ 205.00
CEQA Analyst, Harris and Associates, Kelsey Hawkins$ 115.00
Publications Specialist, Harris and Associates, Lindsey Messner$ 130.00
These are gross estimates for each phase including direct costs and expenses included. We are a San Diego-
based firm without travel expenses and the ability to be directly responsive to client needs and attendance at
meetings, events, and hearings.
Oct. 19, 2021 Item #7 Page 21 of 47
EXHIBIT 1-ATTACHMENT B
The Village & Barrio Master Plan Objective
Design Standards for Multifamily Housing and
Mixed-use Development Project
Design Review Committee
Charter
C cityof
Carlsbad
October 2021
Community Development Department
Planning Division
Oct. 19, 2021 Item #7 Page 22 of 47
Table of Contents
('cityof
Carlsbad
lntroduction ................................................................................................................................................... 3
Mission Statement ........................................................................................................................................ 3
Principles of Participation ............................................................................................................................. 3
Representation and Appointment ................................................................................................................ 4
Discussion Process ......................................................................................................................................... 4
Role of Chair and Vice-chair .......................................................................................................................... 5
Meeting Schedule .......................................................................................................................................... 5
Meeting Attendance ..................................................................................................................................... 5
Meeting Quorum ........................................................................................................................................... 6
Open Meeting Requirements ........................................................................................................................ 6
Meeting Agendas .......................................................................................................................................... 6
External Communications ............................................................................................................................. 6
Information Sharing ...................................................................................................................................... 7
Work Products ............................................................................................................................................... 7
Design Review Committee Charter Page 2 of 8
Oct. 19, 2021 Item #7 Page 23 of 47
(City of
Carlsbad
Introduction
The Village and Barrio Master Plan objective design standards for multifamily housing and
mixed-use development project is an approximately 20-month community outreach process,
the purpose of which is to expedite the planning permitting process by replacing existing Village
and Barrio Master Plan subjective design standards for multifamily housing and mixed-use
development projects with objective design standards and creating a potential new palette of
architectural design styles, consistent with the Village and Barrio's small beach-town
community character.
Mission Statement
The mission of the Design Review Committee (DRC) is to participate in and provide guidance in
developing new objective design standards for multifamily housing and mixed-use development
projects within the Village and Barrio Master Plan area. The DRC must also review and provide
guidance on a potential new palette of architectural design styles for multifamily housing and
mixed-use development projects.
Pr inciples of Participation
Role of Design Review Committee Members
To achieve the mission of the DRC, the City Council is asking members to constructively provide .
input into the development of the new objective design guidelines for achieving the following:
• Become familiar with state housing law and housing needs, constraints, and
opportunities in the state, regional, and local context
• Become familiar with the Village and Barrio Master Plan's existing design
standards/guidelines related to multifamily residential development and mixed-use
development projects
• Become familiar with the historic background of the Village and Barrio Master Plan area
• Become familiar with the existing historic structures within the Village and Barrio
neighborhoods
• Attend a minimum of three (3) meetings over an approximately one-year period
• Adhere to the project schedule and respond to established deadlines
• Keep interested community members informed of the progress of the project
• Encourage community participation throughout the development of the objective
design standards
• Listen to and respect diversity in perspectives, facts and opinions
• Provide constructive feedback to city staff and consultants on works in progress at key
points during the development of the project
Design Review Committee Charter Page 3 of 8
Oct. 19, 2021 Item #7 Page 24 of 47
{ City of
Carlsbad
• In decision-making, balance individual and group stakeholder goals with the larger
public interest and legal requirements
• Work collaboratively with other DRC members in reaching decisions and making
recommendations to the City Council
Representation and Appointment
The committee will be composed of a total of nine members as follows:
• One Planning Commissioner
• One Historic Preservation Commissioner
• Two Village resident representative
• Two Barrio resident representative
• Two professionals with expertise designing and/or developing multifamily
housing/mixed-use development in the City of Carlsbad; preferably in the Village
and Barrio Master Plan area.
• One Village or Barrio Business Owner representative
Each respective commission will nominate a commissioner to serve as a member of the DRC.
The Planning Commission and Historic Preservation Commission will nominate one
commissioner each. The nominated commissioner must have at least 18 months remaining on
his or her term at the time of appointment. The Mayor/Mayor Pro Tern will consider and
confirm the recommended nominations.
The City Council Member for District 1 will recommend the four residents and business owner.
The Mayor/Mayor Pro Tern will recommend the two professionals. The full City Council will
make the final decision on all non-commissioner appointment recommendations.
Discussion Process
During DRC meetings, committee members agree to abide by the following discussion process:
• The committee will select a Chair and Vice-chair
• The committee will establish ground rules for how members should conduct themselves
during meetings
• The preferred decision-making process is collaborative problem-solving
• Consensus of the DRC will take precedence over individual preferences
• In cases of non-consensus, the Chair may call for majority vote of the committee;
however, alternative perspectives will be documented
• Planning staff and the project consultant will be present at all meetings to assist in the
facilitation of meeting discussion with the Chair and committee as needed
Design Review Committee Charter Page 4 of 8
Oct. 19, 2021 Item #7 Page 25 of 47
Role of Chair and Vice-chair
{ City of
Carlsbad
The Chair will ensure that the DRC meetings are conducted fairly and efficiently, that proper
order and mutual respect among all participants is maintained, that there is full participation
during meetings, that all relevant matters are discussed, that all committee members have an
opportunity to participate in committee discussions, and that necessary decisions are made. To
the extent reasonable, the Chair will seek consensus of the committee in decision-making. In
instances where consensus cannot be reached, the Chair may call for majority vote of the
committee following procedures set forth in Carlsbad Municipal Code Chapter 1.20. However,
the Chair will ensure that minority viewpoints are heard and documented.
The Chair will ensure that Principles of Participation and agreed-upon "ground rules" are
adhered to.
The Chair is responsible for ensuring that members of the public desiring to address the
committee can do so at the appropriate time.
The Chair may speak to members of the media on behalf of the DRC, and represent the
committee at public workshops, hearings and other public events as appropriate.
The role of the Vice-chair is to serve as the Chair in the Chair's absence.
Meeting Schedule
DRC members are expected to make an approximate one-year commitment. The DRC will be
formed soon after the City Council appointments are made and will have its first meeting
approximately in December 2021/January 2022. The DRC will meet two additional times to
review an administrative draft and public draft of the proposed objective design standards
including a potential new palette of architectural design styles for multifamily housing and
mixed-use development projects within the Village and Barrio Master Plan area. It is
anticipated the DRC will conclude its work by approximately November 2022, however, the
committee chair or committee member(s) so authorized may wish to continue project
involvement by representing the DRC during public hearings on the Village and Barrio Master
Plan Amendment to incorporate Objective Design Standards for multifamily housing and mixed-
use development projects in early/mid 2023.
Meeting Attendance
Full participation of committee members is essential to the effectiveness of the DRC, and
members are expected to attend all DRC meetings. If a committee member is unable to attend
a meeting, that person shall notify city staff as soon as possible.
Design Review Committee Charter Page 5 of 8
Oct. 19, 2021 Item #7 Page 26 of 47
{Cityof
Carlsbad
If a committee member resigns their appointment before the committee's work has concluded,
that person shall notify the Mayor/Mayor Pro Tern and City Council in writing, with copies sent
to the City Clerk, City Manager and the objective design standards project manager. At their
next scheduled meeting, the DRC will consider whether to recommend that the Mayor/Mayor
Pro Tern and City Council fill the vacated position.
Meeting Quorum
For meeting purposes, a quorum of the DRC is met with five members in attendance.
Open Meeting Requirements
All DRC meetings and committee members are subject to the open meeting requirements of
the Ralph M. Brown Act (Brown Act). The Brown Act imposes public notice and access
requirements on committee meetings, and places certain limitations on when and how
committee members may communicate with one another. At the first DRC meeting, committee
members will be given a briefing by the City Attorney's Office about the basic requirements of
the Brown Act.
In addition to meeting as a committee approximately three times within a 11 to 12-month
timeframe, committee members are encouraged to attend other activities scheduled for the
benefit of the public, such as public hearings or other potential committee/commission
workshops. Member attendance at these activities also may be subject to the Brown Act.
Meeting Agendas
City staff will prepare meeting agendas and supporting materials in consultation with the Chair
or a majority of the DRC following the procedures of the Brown Act. At the end of each
meeting, the Chair and city staff will summarize: 1) the committee's recommendations for the
Village and Barrio Master Plan's objective design standards and potential palette of
architectural styles for multifamily housing and mixed-use development projects; 2) any
additional research on items as determined by the committee; and 3) new items suggested for
discussion at future meetings. Agendas for future meetings will be established by consensus of
the DRC with concurrence of the Chair and city staff.
Members of the public have a right to attend DRC meetings and will have an opportunity to
address the committee on any issues under its purview. Agendas will include time for public
comment.
External Communications
The overriding consideration in all communications is to honor and sustain the constructive,
collaborative process of the committee. DRC members are encouraged to communicate with
Design Review Committee Charter Page 6 of 8
Oct. 19, 2021 Item #7 Page 27 of 47
( City of
Carlsbad
their constituencies to keep them informed of the objective design standards for the Village
and Barrio Master Plan area and to encourage direct participation.
Should committee members speak to the media, members shall provide accurate information
to inform the public about the project, but are asked to refrain from engaging in speculation,
advocating a position on a specific issue/topic, speaking on behalf of the DRC (except for the
Chair or unless authorized by the committee to do so), or otherwise making public statements
that would tend to hamper constructive committee discussions.
Committee members are asked to notify city staff of any media contact related to the
committee and its work. City staff will be available to assist in any communications to the
media, if desired.
Information Sharing
To ensure all DRC members have the same information available to them, all documents will be
distributed through city staff. If a member has information, they would like to share with other
committee members, the information should be given to staff for distribution to the entire
committee. Maintaining this flow of information will facilitate a respectful, collaborative
process, and help avoid unintended violations of open meeting laws (e.g., serial meetings).
Work Products
In addition to its role as representatives of and conduits to community stakeholders, the DRC
will be responsible for reviewing and providing guidance on draft work products, specifically on
objective design standards including a potential palette of architectural styles for developers to
choose from when developing multifamily and/or mixed-use development projects in the
Village and/or Barrio. The DRC is not responsible for reviewing the permit streamlining process
update that is being proposed as part of the project. As previously requested by City Council,
the DRC is charged with reviewing only the objective design standards including a new palette
of architectural design styles.
The primary purpose of the DRC in reviewing the work products is to ensure that the objective
design standards accurately replaces all subjective design standards.
The draft work products that the DRC will likely review include but are not limited to:
• Staff, consultant, and subject matter expert reports and presentations on objective
design standards, sample architectural design styles, and other relevant documents
related to the development of multifamily housing and mixed-use development
projects;
Design Review Committee Charter Page 7 of 8
Oct. 19, 2021 Item #7 Page 28 of 47
{ City of
Carlsbad
• Sites analysis related to existing historic structures within the Village and Barrio Master
Plan area;
• Recommendation on draft objective design standards including a potential new palette
of architectural styles to choose from; and
• Meeting minutes
Design Review Committee Charter Page 8 of 8