HomeMy WebLinkAbout1995-07-19; Design Review Board; Resolution 226I
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Q.
DESIGN REVIEW BOARD RESOLUTION NO. 226
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A MINOR
REDEVELOPMENT PERMIT TO ALLOW FOR THE RELOCATION AND REMODEL OF A MEDICAL OFFICE BUILDING FROM 660
CARLSBAD VILLAGE DRIVE TO 2963 MADISON STREET.
CASE NAME: PARKER OFFICE RELOCATION
CASE NO RP 95-01
APN 203-304-15
WHEREAS, Oakley Parker ("Developer") has filed a verified application
with the Housing and Redevelopment Department of the City of Carlsbad which has been
referred to the Design Review Board; and
WHEW, said verified application constitutes a request for a Minor
Redevelopment Permit as provided by Chapter 21.35 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Design
Review Board, on the 19th day of July, 1995, did hold a duly noticed public hearing to
consider said application on property described as:
Lots 25 and 26 in Block 38 of the Town of Carlsbad, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 775,
filed in the office of the County Recorder of San Diego County, February 15,
1894.
WHEREAS, at said public hearing upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Design Review
Board considered all factors relating to Minor Redevelopment Permit 95-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design
Review Board as follows:
1. That the foregoing recitations are true and correct.
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Resolution No. 226
Page 2
2. That based on the evidence presented at the public hearing, the Design
Review Board hereby APPROVES Minor Redevelopment Permit, RP
95-01, based on the following findings and subject to the following
conditions:
FINDINGS
1. The Design Review Board finds that the subject project will have no
significant impact on the environment and has approved a Negative
Declaration for the subject project.
2. The Project qualifies as a Minor Redevelopment Permit under Chapter 21.35
of the Carlsbad Municipal Code because the project involves a structural
change which costs less than $30,000.
3. The project is consistent with the goals and objectives of the various elements
of the General Plan because it assists in the effort to create a distinct identity
for the Village Redevelopment Area by encouraging activities that traditionally
locate in a pedestrianaientecl downtown area, including offices (general and
medical), restaurants and specialty retail shops.
4. The project is consistent with the City-wide Facilities and Improvements Plan,
the applicable local facilities management plan, and all City public facility
policies and ordinances since:
a) The project has been conditioned to ensure that building permits will
not be issued for the project unless the District Engineer determines
that sewer 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 a condition of approval.
c) The Developer has agreed and is required by the inclusion of an
appropriate condition to pay a public facilities fee. Performance of that
contract and payment of the fee will enable this body to find that
public facilities will be available concurrent with need as required by
the General Plan.
5. The project has been conditioned to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by the Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities.
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DRB Resolution N0.a
Page 3
6.
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This project has been conditioned to comply with any requirement approved as
part of the Local Facilities Management Plan for Zone 1.
The project is consistent with the Carlsbad Village Area Redevelopment Plan
and the Village Design Manual because it will continue to provide for an
encouraged use within Subarea 1 of the Village Redevelopment Project Area
and will make a key location within the Village available for future
commercial development. The uses allowed in this area are the same as those
allowed within the C-1, C-2 and R-P zones, with medical offices permitted by
right.
The project is in accordance with the applicable provisions of the Carlsbad
Municipal Code as demonstrated by the processing of the appropriate
discretionary permits, maintenance of compatibility with surrounding land
uses, and the provision of adequate parking and landscaping.
The Design Review Board has reviewed each of the exactions imposed on the
Developer contained in this resolution, and hereby finds, in this case, that the
exactions are imposed to mitigate impacts caused by or reasonably related to
the project, and the extent and the degree of the exaction is in rough
proportionality to the impact caused by the project.
GENERAL AND PLANNING CONDITIONS
1.
2.
The Design Review Board does hereby approve the Minor Redevelopment
Permit, RP 95-01, for the project entitled "Parker Office Relocation" (Exhibit
"A" - "D" is on file in the Housing and Redevelopment Department, dated
June 5, 1995), subject to the conditions herein set forth. Staff is authorized
and directed to make or require the Developer to make all corrections and
modifications to the Minor Redevelopment Permit documents, as necessary to
make them internally consistent and conform to the Design Review Board's
final action on the project. Development shall occur substantially as shown on
the approved exhibits. Any proposed development substantially different from
this approval shall require an amendment to this approval.
If any of the foregoing conditions fails to occur; or, if they are, by their
terms, to be implemented and maintained over time; if any such conditions
fail to be so implemented and maintained according to their terms, the
Redevelopment 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 Agency's approval of this Resolution.
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DRB Resolution No. 226
Page 4
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The Developer shall comply with all applicable provisions of federal, state and
local ordinances in effect at the time of building permit issuance.
The Developer shall provide the Agency with a reproducible 24" X 36".
mylar copy of the Site Plan as approved by the Design Review Board. The
Site Plan shall reflect the conditions of approval by the Agency. The plan
copy shall be submitted to the Planning Director and approved prior to
building or grading permit approval, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit
plan check, a reduced, legible version of the approving resolutions on a 24" X
36" blueline drawing. Said blueline drawing(s) shall also include a copy of
axiy applicable Coastal Development Permit and signed approved site plan.
Building permits will not be issued for development of the subject property
unless the District Engineer determines that sewer facilities are available at the
time of application for such sewer permits and will continue to be available
until time of occupancy.
The Developer shall pay the public facilities fee adopted by the City Council
on July 28, 1987 (amended July 2, 1991) and as amended from time to time,
and any development fees established by the City Council pursuant to Chapter
21.90 of the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or Facilities and Improvement Plan.
If the fees are not paid, this application will not be consistent with the General
Plan and approval for this project will be void.
This project shall comply with all conditions and mitigation measures which
may be 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
for this project, including but not limited to the following:
a) All development within Zone 1 shall pay the required Carlsbad
Municipal Water District Fees, if applicable.
Prior to the issuance of the Structure Relocation 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 Planning Director,
notifying all interested parties and successors in interest that the City of
Carlsbad's Redevelopment Agency has issued a Minor Redevelopment Permit
by Resolution No. 226 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 Planning 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.
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DRB Resolution No.=
Page 5
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10. The Developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan and the City’s
Landscape Manual. The plans shall be submitted and approval obtained by the
Planning Director prior to the approval of the grading or building permit,
whichever occurs first. The Developer shall construct and install all
landscaping as shown on the approved plans, and maintain all landscaping in a
healthy and thriving conditions, free from weeds, trash and debris.
11. Approval of RP 95-01 is granted subject to the approval of CDP 95-01.
STANDARD CODE REMINDERS:
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This approval shall become null and void if building permits are not issued for
this project within 18 months from the date of project approval.
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 hereine.
The project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
The Developer shall pay a landscape plan check and inspection fee as required
by Section 10.08.050 of the Carlsbad Municipal Code.
The first submittal of landscape and irrigation plans shall include building
plans, improvement plans and grading plans.
Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and
approval of the Planning Director prior to installation of such signs.
Building identification and/or addresses shall be placed on the existing
building so as to be plainly visible from the street or access road; color of
identification and/or addresses shall constrast to their background color.
Prior to building permit issuance, the Developer shall pay the local drainage
area fee in conformance with the Master Drainage Plan.
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DRB Resolution No. 226
Page 6 .... .... ....
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Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the applicant 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.
Concurrent with on-site construction and prior to occupancy, the Developer
shall install the following improvements in accordance with City standards:
(a) Removal of the existing driveway apron located on the north end of
the project site on Madison Street, and replacing it with sidewalk.
(b) Removal of the existing driveway apron located on the south end of
the project site on Madison Street, and relocating it to serve the
adjacent parcel on the south.
For the installation of these improvements, concurrent with building permit
issuance, the Developer shall obtain a City right-of-way permit.
The Developer shall be responsible for all fees, deposits and charges which
will be collected before and/or after the time of issuance of the building
permit. The San Diego County Water Authority capacity charge will be
collected at issuance of application for meter installation.
Sequentially, the Developer’s Engineer shall do the following:
(a) Meet with the City Fire Marshall and establish the fire protection
requirements. Also, obtain G.P.M demand for domestic and
irrigational needs from appropriate parties.
(b) Prior to the preparation of sewer and water improvement plans, a
meeting must be scheduled with the District Engineer for review,
comment and approval of the preliminary system layouts and usages
(i.e., GPM - EDU).
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DlU3 Resolution No. 226
Page 7
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 19th day of July, 1995 by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Noble, Savary, Marquez, Vessey
None.
Welshons
None.
ERSON DESIGN REWE)$ BOARD
AFT:
EVAN E. BECKER,
HOUSING AND RFiDEVELOPh!lENT DIRECTOR