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HomeMy WebLinkAboutRP 14-14; Quonset; Redevelopment Permits (RP)J .4il'~.A_ CITY OF ~¥'CARLSBAD Community & Economic Development September 2, 2014 Brett Farrow Architect, Inc. 125 Mozart Avenue Cardiff, CA 92007 RE: RP 14-14-QUONSET www.ca rlsbadca .gov The City has completed a review of your application for an Administrative Review Permit RP 14-14 to allow an existing building currently occupied by an auto repair garage and office/retail space to be refurbished to accommodate a future permitted retail use located at 2725 State Street, in Land Use District 1 of the Village Review (V-R) Zone, and in Local Facilities Management Zone 1. It is the City Planner's determination that the project, RP 14-04-QUONSET, is consistent with the Carlsbad Village Master Plan and Design Manual and with all other applicable City ordinances and policies. The City Planner, therefore APPROVES this request based on the following: Findings: 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the proposed future retail use(s) complements the existing commercial and residential uses allowed in Land Use District 1 in the pedestrian-oriented downtown Village Master Plan area. 2. The City Planner has dete~mined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the future retail use(s) will be located in an existing building currently operated as an auto repair garage. The auto repair garage use is a non-conforming use within Land Use District 1. The project, which converts the auto repair garage into permitted retail use(s) will benefit the pedestrian oriented Village Master Plan area and eliminate the non-conforming use. There are no anticipated impacts to the residents as this part of village consists mostly of commercial uses. No additional parking is required for the change of use pursuant to the "Converting Use" policy in the Village Master Plan and Design Manual for projects located outside of the Coastal Zone. 3. That the City Planner 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 the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -Existing Facilities, of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. · , Planning Division ~~-----~-----------------------------------------------:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 RP 14-14-QUONSET September 2, 2014 Page 2 4. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval, 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. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed ·development, must be met prior to approval of a building permit. 1. Approval is granted for RP 14-14 as shown on Exhibits "A"-"I" dated September 2, 2014 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 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; 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 approval of this Administrative Review Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit RP 14-14 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. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council 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 City arising, directly or indirectly, from (a) City's approval and issuance of this Administrative Review Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Review Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete RP 14-14-QUONSET September 2, 2014 Page 3 project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner 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 owner/applicant or successor in interest. 7. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit or grading permit whichever comes first. General 8. 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. 9. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Fees/ Agreements 10. ·Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 11. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 12. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable." Developer shall notify prospective owners and tenants of the above requirements. RP 14-14-QUONSET September 2, 2014 Page 4 13. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 14. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design and Low Impact Design (LID) facilities. 15. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), and 3) designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Dedications/Improvements 16. Developer apply for and obtain a right of way permit for the removal of the driveway approach on State Street and the reconstruction of the sidewalk across the project frontage to the satisfaction ofthe city engineer. Utilities 17. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 18. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 19. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 20. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 21. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only.