HomeMy WebLinkAbout1997-07-08; Housing & Redevelopment Commission; Resolution 288i
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 288
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
GRANTING THE APPEAL AND APPROVING A MINOR
COASTAL DEVELOPMENT 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: CDP 97-01
WHEREAS, a verified application has been filed with the City of Carlsbad and
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 Minor Coastal
Development Permit as provided by Chapter 21.81 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
I, 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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HRC Resolution/RP/CDP97-0 1
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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 on the 2gth 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 CDP 97-01, the Design Review Board did deny CDP
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 CDP
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 CDP 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 CDP 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 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
HRC Resolution/CDP97-01 2
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2.
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.
d. Assurances have been given that adequate sewer for the project will be
provided by the City of Carlsbad.
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 proposed project is located within the City of Carlsbad's Village Segment of the
California Coastal Zone and it has been determined by the City of Carlsbad that no
coastal resources or implementing policies will be adversely impacted by approval of
the subject project.
4. 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.
5. This project is categorically exempt from environmental review per CEQA, Class 1 ,
Section 15301.
6. 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.
7. The project is consistent with the Village Master Plan and Design Manual and the
Carlsbad Village Redevelopment Plan which together represent the Local Coastal
Program for the Village Segment of the Coastal Zone within the City of Carlsbad.
CONDITIONS:
1. The Housing and Redevelopment Commission does hereby grant the applicant's
appeal and APPROVE CDP 97-01, for the project entitled "Conversion of
HRC ResolutiodCDP97-0 1 3
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Medical Office to new Coffee House (Starbucks)", (Exhibits A & B, incorporated
herein by 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 Minor Coastal Development Permit
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.
2. Approval of CDP 97-01 is subject to approval of RP 97-01. CDP 97-01 is subject
to all conditions contained in Housing and Redevelopment Commission
Resolution No. 287 dated Julv 8, 1997 for RP 97-01, conversion of medical
office to coffee house (Starbucks).
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, the following vote, to wit:
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: Lewis
ABSENT: None
ABSTAIN: None
Secretary
HRC Resolution/RP/CDP97-0 1 4