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HomeMy WebLinkAbout1997-07-08; Housing & Redevelopment Commission; Resolution 2871 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 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. .... .... .... HRC Resolution/RP/CDP97-0 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 HRC Resolution/RP97-0 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 3 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. .... .... .... .... HRC Resolution/RP97-0 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. 2. 3. 4. 5. 6. 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. .... .... HRC Resolution/Rp97-0 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: IO. 11. 12. 13. 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. HRC Resolution/Rp97-0 1 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 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 HRC Resolution/RF'97-0 1 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. HRC Resolution/RP97-0 1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. HRC Resolution/RP97-0 1 X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "-.- $3- -. 22 : 25 - \. " " " .' " ~ .- " - -1- . 24 25 26 27 28 4 4. 5. 6. 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