HomeMy WebLinkAbout2006-02-27; Design Review Board; Resolution 3061 DESIGN REVIEW BOARD RESOLUTION NO. 306
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 04-26, INCLUDING
4 PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A
MAXIMUM OF TWO PARKING SPACES, FOR THE CONSTRUCTION OF A
3,326 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY
6 LOCATED AT 955 GRAND AVENUE IN LAND USE DISTRICT 3 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SALMENISURANCE BUILDING
8 APN: 203-320-02
9 CASE NO: RP 04-26
10 WHEREAS, Bart M. Smith, "Applicant", has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by Phil and Leslie
12 Salvagio, "Owner", described as Assessor Parcel Number 203-320-02, and more thoroughly
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described in Attachment A, ("the Property"); and
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1 , WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
16 shown on Exhibits "A-J" dated February 27, 2006, on file in the Housing and Redevelopment
17 Department, "Salmen Insurance Building RP 04-26", as provided by Chapter 21.35.080 of the
18 Carlsbad Municipal Code; and
19 thWHEREAS, the Design Review Board did on the 27tn day of February 2006, hold a duly
20
noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
23 arguments, if any, of persons desiring to be heard, said Board considered all factors relating to
24 "Salmen Insurance Building RP 04-26".
25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
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follows:
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A. That the foregoing recitations are true and correct.28
B. That based on the evidence presented at the public hearing, the Design Review
2 Board RECOMMENDS APPROVAL of Salmen Insurance Building RP 04-26,
based on the following findings and subject to the following conditions:
3
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
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r 1. The Housing & Redevelopment Director has determined that the project belongs to a class of
projects that the State Secretary for Resources has found do not have a significant impact on
5 the environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 of the State CEQA
7 Guidelines as an in-fill development project on a site of less than five acres in an
urbanized area that has no habitat value and is served by adequate facilities, hi making
this determination, the Housing & Redevelopment Director has found that the exceptions
9 listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
10 2. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein to grant participation in the Parking In-Lieu Fee Program, is
in conformance with the Elements of the City's General Plan, the Carlsbad Village Area
j2 Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design
Manual based on the facts set forth in the staff report dated February 27,2006 including, but
13 not limited to the following:
14 a. The proposed project is consistent with the goals and objectives for the Village,
1 _ as outlined within the General Plan, because it provides for a commercial office
project in an appropriate location within the Village. The project provides
15 greater employment opportunities, enhances the pedestrian orientation of the
area, and retains the Village character and pedestrian scale through adherence
17 to the land use regulations and design guidelines set forth for the area.
1 O b. The project is consistent with the Village Redevelopment Master Plan and
10 Design Manual in that the proposed commercial project assists in satisfying the
goals and objectives set forth for Land Use District 3 through the following
20 actions: 1) the project provides permitted professional office use in a new
structure; 2) the building is designed in a manner that compliments nearby
21 residential uses by incorporating many of a same architectural elements found in
_~ residential projects; and 3) the project consists of an individual building set back
from the street and surrounded by landscaping.
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c. The project as designed is consistent with the development standards for Land
24 Use District 3, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual.
25 d. The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be dedicated and has been or will be
27 improved to serve the development. The pedestrian spaces and circulation have
been designed in relationship to the land use and available parking. Pedestrian
2° circulation is provided through pedestrian-oriented building design,
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landscaping, and hardscape. Public facilities have been or will be constructed to
2 serve the proposed project. The project has been conditioned to develop and
implement a program of "best management practices" for the elimination and
3 reduction of pollutants which enter into and/or are transported within storm
drainage facilities.
c e. The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is consistent with the Open Space
6 requirements for new development within the Village Redevelopment Area and
the City's Landscape Manual.
7
3. 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.
9 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;
10 drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
11 serve new development prior to or concurrent with need. Specifically,
12 a. The project has been conditioned to ensure that building permits will not be
13 issued for the project unless the District Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer service
14 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.
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b. All necessary public improvements have been provided or are required as
17 conditions of approval.
1 80 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will
jo be collected prior to the issuance of building permit.
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4. The Design Review Board has reviewed each of the exactions imposed on the Developer
21 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.
23 5. The Design Review Board finds that the Developer/Property owner qualifies to participate in
24 the Parking In-Lieu Fee Program and participation in the program will satisfy the parking
requirements for the project. Justification for participation in the Parking In-Lieu Fee
25 Program is contained in the following findings:
76 a. The project is consistent with the Carlsbad General Plan because it provides for
27 a commercial office use in an appropriate location within the Village. The
project provides greater employment opportunities, enhances the pedestrian
28 orientation of the area, and retains the Village character and pedestrian scale
DRB RESO NO. 306 -3-
through adherence to the land use regulations and design guidelines set forth for
2 the area.
3 b. The project is consistent with Village Redevelopment Master Plan and Design
Manual in that the project assists in satisfying the goals and objectives set forth
4 for Land Use District 3 through the following actions: 1) the project provides
, permitted professional office space in a new structure; 2) the building is
designed in a manner that compliments nearby residential uses by incorporating
6 many of a same architectural elements found in residential projects; and 3) the
project consists of an individual building set back from the street and
7 surrounded by an abundance of landscaping.
8 c. Adequate parking is available within the Village to accommodate the project's
9 parking demands. Based on the most recent parking study completed in August
of 2005, the average occupancy for all public parking lots is 83%. This
10 utilization ratio allows for continued implementation of the parking in-lieu fee
program because it is less than the 85% threshold for maximum utilization set
by the Housing and Redevelopment Commission.
12 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing
13 and Redevelopment Commission.
14 GENERAL CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
17 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained over time, if any such conditions fail to be so implemented
j o 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
20 building permits; deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
-_ 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
23 Permit.
24 2. 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.
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3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
DRB RESO NO. 306 -4-
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2 4. 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
3 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
e- without the condition complies with all requirements of law.
6 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
7 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
9 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
10 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.
13 6. The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
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8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
19 provide school facilities.
20 9. 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.
22 10. Building permits will not be issued for this project unless the local agency providing
23 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
24 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.
26 MISCELLANEOUS CONDITIONS;
27 14. 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
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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
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
15. 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
6 Directors of Community Development and/or Housing and Redevelopment.
7 NOTICING CONDITIONS:
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
9 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
10 successors in interest that the City of Carlsbad has issued a Major Redevelopment
Permit by Resolution No. 306 on the real property owned by the Developer. Said Notice
of Restriction shall note the property description, location of the file containing complete
12 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
13 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
14 successor in interest.
15 ON-S1TE CONDITIONS;
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17. The developer shall construct trash receptacle and recycling areas as shown on the site
17 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad
. „ Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing & Redevelopment Director. Enclosure shall be of similar colors and/or
19 materials of the project and subject to the satisfaction of the Housing & Redevelopment
Director.
20 18. Outdoor storage of material shall not 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
22 comply with the approved plan.
23 19. The Developer shall submit and obtain Housing & Redevelopment Director approval of
an exterior lighting plan including parking areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
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20. Developer shall construct, install and stripe not less than 9 parking spaces, as shown on
26 Exhibit "B".
27 21. Prior to issuance of the building permit, the Developer shall enter into a Parking In-
_„ Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for
two (2) parking spaces. The fee shall be the sum total of the fee per parking space in
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effect at the time of the building permit issuance times the number of parking spaces
2 needed to satisfy the project's parking requirement (2 spaces total).
3 22. Solid masonry walls shall be installed along all common lot lines that adjoin an
existing residential use.
4
e- 23. Design & installation of a garage door/gate at the entrance to the proposed office
building will be reviewed and considered by City and Redevelopment Agency staff
g to enhance the architecture of the building. If deemed appropriate from an
operational and design standpoint the Housing & Redevelopment Director may
7 approve final installation of said garage door or gate.
8 STANDARD CODE REMINDERS:
9 The project is subject to all applicable provisions of local ordinances, including but not limited to
10 the following code requirements.
11 Fees
12 23. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
14 24. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
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25. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
17 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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General
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26. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
21 building permit issuance, except as otherwise specifically provided herein.
22 27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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29. Any signs proposed for this development shall at a minimum be designed in conformance
with the approved plans and the sign criteria contained in the Village
25 Redevelopment Master Plan and Design Manual and shall require review and approval
of the Housing & Redevelopment Director prior to installation of such signs.
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ENGINEERING CONDITIONS
2y
-„ Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed redevelopment, must be met prior to approval of a building or
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grading permit whichever occurs first.
2
General:
3 28. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
29. Prior to issuance of any building permit, Developer shall comply with the requirements of
6 the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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Fees/Agreements8
q 30. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
10 drainage across the adjacent property.
11 31. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
13 Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
14 Grading
15 32. No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If Developer is
17 unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued for offsite grading activity. In that case Developer must either apply for and obtain
18 an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance from both the City
1" Engineer and Planning Director.
20 33. Based upon a review of the proposed grading and the grading quantities shown on the
21 Site Plan and preliminary grading plan, a grading permit for this project is required.
Developer shall apply for and obtain a grading permit from the City Engineer prior to
22 issuance of a building permit for the project.
93 34. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar of the
24 site plan and preliminary grading plan reflecting the conditions as approved by the final
decision making body (including any applicable Coastal Commission approvals). The
25 reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed
by the City's project engineer and project planner prior to submittal of the building plans,
26 final map, improvement or grading plans, whichever occurs first.
27 35. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
2g other appropriate entities for all public streets and other easements shown on the site plan.
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The offer shall be made by a separate recorded document. All land so offered shall be
2 offered free and clear of all liens and encumbrances and without cost. Streets that already
public are not required to be rededicated.
3
36. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
6 37. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
7 improvements shown on the site plan and the following improvements including, but not
limited to: Paving, base, signing & striping, sidewalks, curbs and gutters, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, to City Standards to the satisfaction of the City Engineer. The
improvements are:
10
a) Half Street improvements to Grand Avenue including off site transitions and
11 drainage improvements.
b) Removal and undergrounding of existing power pole and utilities as shown on
12 the site plan to the satisfaction of the City Engineer.
13 Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
15 38. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
17 "California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas or City right-of-way.
1 g Plans for such improvements shall be submitted to and subject to the approval of the City
Engineer. Said plans shall include but not be limited to notifying prospective owners and
19 tenants of the following:
20 A. All owners and tenants shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste
products.
22 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
23 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
24 conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides,
fertilizers and other such chemical treatments shall meet Federal, State, County and City
25 requirements as prescribed in their respective containers.
26 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when
planning any changes to the landscaping and surface improvements.
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39. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Manangement Plan (SWMP)".
The SWMP shall be in compliance with current requirements and provisions established
3 by the San Diego Region of the California Regional Water Quality Control Board and
City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the
maximum extent practicable, storm water pollutant runoff at both construction and post-
- construction stages of the project. The SWMP shall:
t a) Identify existing and post-development on-site pollutants.
b) Recommend source control and structural Best Management Practices to filter said
7 pollutants.
c) Establish specific procedures for handling spills and routine clean up. Special considerations
8 and effort shall be applied to employee education on the proper procedures for handling
clean up and disposal of pollutants.
9 d) Ensure long-term maintenance of all post construct BMPs in perpetuity.
10
Code Reminder11
« ~ The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
13
40. Developer shall exercise special care during the construction phase of this project to
14 prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of 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 fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 27th day of February 2006 by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Heineman, Baker, Lawson, and Schumacher
NONE
Marquez
N/A
ERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
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