HomeMy WebLinkAbout1997-07-08; Housing & Redevelopment Commission; Resolution 2871
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 287
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
GRANTING THE APPEAL OF THE DESIGN REVIEW BOARD
DECISION AND APPROVING A MINOR REDEVELOPMENT
PERMIT TO ALLOW THE CONVERSION OF AN EXISTING
MEDICAL OFFICE TO A NEW COFFEE HOUSE (STARBUCKS)
AND TO ALLOW EXTERIOR AND INTERIOR IMPROVEMENTS
TO THE EXISTING BUILDING LOCATED AT 2924 CARLSBAD
BOULEVARD, ON THE EAST SIDE BETWEEN CARLSBAD
VILLAGE DRIVE AND GRAND AVENUE.
CASE NO: RP 97-01
WHEREAS, a verified application has been filed with the City of Carlsbad and-.
was referred to the Design Review Board, and subsequently referred to the Housing and
Redevelopment Commission upon appeal; and
WHEREAS, said verified application constitutes a request for a Redevelopment
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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 did, on the 29th day of May, 1997, hold a duly noticed public hearing to
consider said application on property described as:
That portion of tract 96 of Carlsbad Lands, in the City of Carlsbad, in the
County of San Diego, State of California, according to the map thereof No.
1661, filed in the Office of the County Recorder of San Diego County March
1,1915, described as follows:
Beginning at a point in the SouthWesterly line of said tract 96, which is also
the NorthEasterly boundary line of Lincoln Street, a distance of 75.00 feet, South 34 degrees 33’00” East from the most Westerly corner of tract 96,
thence continuing South 34 degrees 33’00” East along said SouthWesterly
line of tract 96, a distance of 75.00 feet to a point, thence North 55 degrees
27’00” East, at right angles to said SouthWesterly line of said tract 96, a
distance of 70.00 feet to a point, thence north 34 degrees 33’00” West,
parallel with SouthWesterly line of said tract 96, a distance of 75.00 feet to a
point, thence south 55 degrees 27’00” West, a distance of 70.00 feet to the
point of beginning.
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Excepting therefrom that portion thereof granted to the State of California
for Highway purposes, recorded June 11,1934, in book 294, page 370, and
July 6, 1934, in book 306, page 217 of official records.
WHEREAS, at said public hearing held on the 2gth day of May, 1997, upon
hearing and considering all testimony and arguments, if any, of all persons
desiring to be heard and considering all factors relating to RP 97-01, the Design Review
Board did deny RP 97-01, due to the project’s incompatibility with the surrounding land
uses and the Village atmosphere; and,
WHEREAS, the applicant appealed the Design Review Board decision on RP
97-01 to the Housing and Redevelopment Commission; and,
WHEREAS, upon hearing and considering all testimony and arguments, if any,
of all persons desiring to be heard during the public hearing held on the appeal from the
applicant, the Housing and Redevelopment Commission has considered all factors
relating to RP 97-01 and the applicant’s appeal.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence at the public hearing, the Housing and
Redevelopment Commission hereby grants the appeal of the applicant and
APPROVES RP 97-01, based on the following findings and subject to the
following conditions:
Findings:
1. The project is consistent with all City public facility policies and ordinances since:
a. The Housing and Redevelopment Commission has, by inclusion of an
appropriate condition to this project, ensured that the project will not be
approved unless the District Engineer finds that sewer service is available
to serve the project. In addition, the Housing and Redevelopment
Commission has added a condition that a note shall be placed on the
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project that building permits may 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 Housing and Redevelopment Commission 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 will be required
as conditions of approval.
c. The applicant 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.
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d. Assurances have been given that adequate sewer for the project will be
provided by the City of Carlsbad.
2. The Design Review Board erred and the proposed project is compatible with the
surrounding land uses and future land uses since surrounding properties are
designated for visitor-serving commercial uses within the Village Redevelopment
Plan and for "village" uses within the General Plan.
3. The applicant is by condition, required 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 a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities.
4. This project is categorically exempt from environmental review per CEQA , Class 1,
Section 15301.
5. This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
6. The project is consistent with the development standards for existing buildings and
the land use designations set forth in the Village Master Plan and Design Manual.
7. The project has been designed to be compatible with the Village environment
desired for the Village Redevelopment Area through the provision of new storefront
windows, colorful fabric awnings and new exterior architectural features.
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HRC Resolution/RP97-0 1
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Conditions:
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The Housing and Redevelopment Commission does hereby grant the applicant's
appeal and approve RP 97-01 for the Minor Redevelopment Permit project entitled
"Conversion of Medical Office to new Coffee House (Starbucks)". (Exhibits A & B on
file in the Housing and Redevelopment Department and incorporated by this
reference, dated April 28, 1997), 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 Redevelopment Pe,rmit Documents, as necessary to make
them internally consistent and conform to 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 provide the City with a reproducible 24" X 36", mylar copy of the
Site Plan as approved by the final decision making body. The Site Plan shall reflect
the conditions of approval by the City. The plan copy shall be submitted to the
Planning Director and approved prior to building, grading, or improvement plan
submittal, 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 drawings shall also include a copy of any 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 and to fulfill the Developer's
agreement to pay the public facilities fee dated May 13, 1986, a copy of which is on
file with the City Clerk and is incorporated by this reference. The applicant is also
required to pay any user fees which may be required for the purposes of providing
sewer and water facilities for the property. 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 will 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.
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7. 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 chailenged 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
subsequently determines that the project without the condition complies with all
requirements of law.
8. Approval of RP 97-01 is granted subject to the approval of CDP 97-01.
9. The applicant shall make the necessary arrangements with the local trash
collection company to ensure that all business-related trash is collected and
removed from the site in an effective and efficient manner. The applicant must
collect and remove the trash in the following manner:
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The applicant shall enter into a written agreement with an adjacent
property or business owner, or propertylbusiness owner within 600 feet of
the subject site, to share use of a 3 cubic yard trashhefuse bin for
trashhefuse collection and removal purposes. The location of the
trashlrefuse bin shall be approved by the Housing and Redevelopment
Director. The enclosure shall be of similar colors andlor materials as the
building it relates to the satisfaction of the Housing and Redevelopment
Director. No portion of the trash bin shall be visible to the public.
The applicant shall provide for areas for recycling which are adequate in
capacity, number and distribution to serve the subject project. The recycling
areas may be located on the site of the subject project or on the site of an
adjacent property, or property within 600 feet, as part of the private agreement
described above. All recycling areas or the bins and containers must provide
protection against severe environmental conditions which might render the
collected materials unmarketable.
No outdoor storage of material shall occur onsite unless required by the Fire
Chief. In such instance, a storage pian will be submitted for approval by the Fire
Chief and Housing and Redevelopment Director.
Building identification and/or addresses shall be placed on the building so as to
be plainly visible from the street; color identification and/or addresses shall
contrast to their background color.
The applicant, or his agent, shall apply for, pay the applicable fee, and
obtain a separate sign permit for the subject property in accordance with
the requirements of the Village Master Plan and Design Manual. No signs
have been approved for the subject building or site as part of this Minor
Redevelopment Permit.
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The applicant, or his agent, shall ensure that the on-site parking will be
made available for customers only; no employees of the related business
shall park on the subject site, with the exception that a handicapped
employee may use the parking space on the site which is specifically
designated for that use. The applicant shall use its best efforts to enter into
a written agreement with a private property or business owner within 600
feet of the subject property to provide employee parking for the subject
business establishment. Any subsequent written agreement shall be
subject to approval by the Housing and Redevelopment Director.
The permit has been approved with the understanding that there will be no
physical limitations to the use of all of the required parking spaces on the
subject site. If any city-approved site improvements are made by an
adjacent property owner which in effect eliminate, or otherwise limit, the
existing access to the subject parking spaces or the site itself, as shown
on the approved plans, the Housing and Redevelopment Director shall
review the project and make a determination as to whether or not the
project should be reconsidered by the Design Review Board and/or
Housing and Redevelopment Commission. The Design Review Board
and/or Housing and Redevelopment Commission, following a public
hearing on the matter, may require additional action by the applicant to
correct any identified access issues in order for this permit to remain in
effect.
The applicant shall install bike racks on private property to accommodate a
minimum of five (5) customers and/or employees who may arrive at the site
by bicycle. The utilization of the bike racks shall be reviewed on a regular
basis by the Housing and Redevelopment Director. If it is determined that
the number of bicycle racks is not sufficient to accommodate the demand
from employees and customers of the coffee house, the applicant shall be
required by the Housing and Redevelopment Director to install additional
bicycle racks on the site to the satisfaction of the Director.
The applicant shall prepare and operate with an outdoor seating plan to be
approved by the Housing and Redevelopment Director which ensures a
clear area of at least five (5) feet in area around the building entry to allow
for adequate pedestrian ingress and egress from the subject building at all
times.
The applicant shall make the necessary arrangements with the appropriate
product delivery companies to ensure that all business-related deliveries
are made to the subject site in a manner which does not impede traffic on
Carlsbad Boulevard and/or block parking on the site. The applicant may
select one of the following options for deliveries to the subject site:
a) The applicant shall be required to ensure that all deliveries are
made from vehicles parked on the subject site during non-operation
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hours, either prior to opening or after closing of the facility,
Deliveries shall not be made from vehicles parked on Carlsbad
Boulevard, in front of the subject property, which are impeding
bicycle or vehicle traffic; or
b) The applicant shall enter into a written agreement with an adjacent
property or business owner, or propertylbusiness owner, within an
acceptable distance from the subject site, to allow deliveries to the
subject site from any off-site location, which does not impede
bicycle, vehicle or pedestrian traffic in the area. The agreement shall
be subject to approval by the Housing and Redevelopment Director.
Deliveries shall be made to the subject site in a manner which does
not block customer or employee parking on the sponsor property
during hours of regular business operation.
19. The applicant is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may
be required to pay a linkage fee, in order to be found consistent with the Housing
Element of the General Plan. If a linkage fee is established by City Council
ordinance and/or resolution and this project becomes subject to a linkage fee
pursuant to said ordinance and/or resolution, then the applicant for this project, or
his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall
be paid at the time of issuance of building permits. If linkage fees are required for
this project, and they are not paid, this project will not be consistent with the General
Plan and approval for this project will become null and void.
20. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this site plan.
21. The applicant shall comply with all the rules, regulations and design requirements, if
any and applicable, of the respective sewer and water agencies regarding services
to the project.
22. This redevelopment permit imposes the requirement for the applicant to pay all
current fees and deposits required prior to building permit issuance.
23. The applicant will be responsible for all water related fees and deposits plus the
major facility charge which will be collected at time of issuance of building permit.
The Developer shall pay a San Diego County Water Authority capacity charge which
will be collected at issuance of application for meter installations, if applicable.
24. This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the water district serving the
development determines that adequate water and sewer is available at the time of
application for such water service and sewer permits will continue to be available
until time of occupancy.
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25. If any of the foregoing 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 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 ApplicanffDeveloper or a successor
in interest by the City's approval of this Resolution.
26. This redevelopment permit shall be subject to review by the Housing and
Redevelopment Director on a yearly basis to determine if all conditions of this permit
have been met. After providing the permittee the opportunity to be heard, this permit
may be revoked at any time after a public hearing, if it is found that the conditions
imposed herein have not been met.
27. Prior to the issuance of the building permits, the applicant shall record a deed
restriction on the deed to this property, subject to the satisfaction of the Housing and
Redevelopment Director, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Minor Redevelopment Permit by Resolution
No. 287 on the real property owned by the declarant. Said deed 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 deed restriction. Said deed restriction(s) may be modified or
terminated only with the approval of the Housing and Redevelopment Director,
Design Review Board or Housing and Redevelopment Commission of the City of
Carlsbad whichever as final decision authority for this project.
Standard Code Reminders:
The Developer shall comply with all applicable provisions of federal, state and local
ordinances in effect at the time of building permit issuance, including but not limited to
the following code requirements:
1. This approval shall become null and void if building permits for the exterior and
interior improvements are not issued for this project within 18 months from the
date of project approval.
2. Approval of this request shall not excuse compliance with all applicable sections of
the Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance, except as otherwise specifically provided herein.
3. This project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
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All roof appurtenances shall be architecturally integrated and concealed from view
and the sound buffered from adjacent properties and streets, in substance as
provided in Building Department Policy No. 80-6, to the satisfaction of the Directors
of Housing and Redevelopment and Building.
The applicant, or his agent, shall apply for, pay the applicable fee, and obtain
approval from the Housing and Redevelopment Director for a separate
Administrative Redevelopment Permit specifically to be issued for any tables
and chairs to be located within the public right-of-way (on the public
sidewalk), prior to placing any tables and chairs within the public right-of-way.
The total number of tables and chairs to be located on private property, but
outside the building, shall be equal to or less than the total number of tables
and chairs to be located inside the subject building. The plans submitted for
the required building permit shall indicate the total number of tables and
chairs to be located both inside and outside the subject building. As part of
this approval, the total number of seats for the subject coffee house, to be
located inside or outside, shall not exceed thirty five (35) seats total.
PASSED, APPROVED AND ADOPTED at a special meeting of the Housing
and Redevelopment Commission of the City of Carlsbad, California, held on the 8th
day of Julv , 1997, by the following vote, to wit:
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: Lewis
ABSENT: None
ABSTAIN: None
Housing and Redevelopment Commission
Secrefary
HRC Resolution/RP97-01 9