HomeMy WebLinkAbout2002-06-24; Design Review Board; Resolution 2871
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DESIGN REVIEW BOARD RESOLUTION NO. 287
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
COASTAL DEVELOPMENT PERMIT CDP 01-16 FOR A MIXED-USE
DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE (65)
CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
APN:
CASE NO.:
203-1 72-06, 07, 08, 1 1, 12, 16, 21 & 23
CDP 01 -1 6
WHEREAS, Anastasi Development Company, LLC, “Developer”, has filed a
verified application with the Redevelopment Agency of the City of Carlsbad regarding property it
owns and known as Assessor Parcel Numbers 203-172-06,07,08,11,12,16,21 8t 23, and
more thoroughly described in Attachment A, (“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A-Y” dated June 24, 2002, on file in the Housing
and Redevelopment Department, “Village By The Sea RP Ol-OG/CDP 01-16/CT 01-10’’ as
provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 24* day of June 2002, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Board considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad as follows:
A)
B) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL of Village By The Sea CDP 01-16 based on the
following findings and subject to the following conditions:
That the foregoing recitations are true and correct.
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Findinas:
1. That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and
Design Manual, which serve as the Certified Local Coastal Program for the City of
Carlsbad Segment of the California Coastal Zone and all applicable policies in that
the development does not obstruct views or otherwise damage the visual beauty
of the coastal zone, and no agricultural activities, sensitive resources, geological
instability exist on the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the development will not alter physical or visual access to
the shore.
3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes
exist within the proposed construction area, all grading will conform to the City's
erosion control standards, and the site is not prone to landslides or susceptible
to accelerated erosion, floods, or liquefaction.
Conditions:
Note:
1.
2.
3.
4.
5.
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'dAgency's approval of this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Coastal Development 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 submit to the Housing and Redevelopment Department a
reproducible 24" x 36, mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
This approval is granted subject to the approval of RP 01-06 and CT 01-10 and is
subject to all conditions contained in Design Review Board Resolutions No. 286 and
288 for those other approvals and incorporated by reference herein.
The applicant shall apply for and be issued building permits for this project within twenty-
four (4) months of approval or this coastal development permit will expire unless
extended per Section 21.81.1 60 of the Carlsbad Municipal Code.
DRB RES0 NO. 287 -2-
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6. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
7. If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1 st. Grading activities shall be limited to the “dry season”, April 1 st
to October 1’‘ of each year. Grading activities may be extended to November 15th upon
written approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1 st.
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
“feedexact ions .I’
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 24* day of June, 2002, by the
following vote, to wit:
AYES: Heineman, Baker, Paulsen
NOES: None
ABSENT: Lawson
ABSTAIN: Marquez
DESIGN REVIEW BOARD
ATTEST: n --
DEWE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 287 -3-