HomeMy WebLinkAbout1984-03-28; Design Review Board; Resolution 0331
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DESIGN REVIEW BOARD RESOLUTION NO. 033
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REDEVELOPMENT PERMIT
INCLUDING A CONDITIONAL USE PERMIT AND A CONDOMINIUM PERMI'
TO CONSTRUCT A MIXED-USE RESORT COMPLEX INCLUDING 132 TIME
SHARE CONDOMINIUM UNITS, A 66-UNIT HOTEL, A RESTAURANT, ANI
RETAIL SHOPS BUILDING ON FOUR ACRES AT THE SOUTH-WEST
CORNER OF CARLSBAD BOULEVARD AND ELM AVENUE.
APPLICANT: CARLSBAD INN
CASE NO.: RP/CUP/CP 84-3
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request ai
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Design Review Board did, on the 28th day of March, 1984, hold a
duly noticed public hearing to consider said application on propert:
described as:
That portion of Tract 97 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of
the County Recorder of San Diego County; and all that portion of Blocks 14 and 15 of Town of Carlsbad, in the
City of Carlsbad, county of San Diego, State of
California, according to Map thereof No. 535, filed in the
Office of the County Recorder of San Diego County.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Board considered all factors relating to
RP 84-3.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, th
Design Review Board recommends APPROVAL of RP/CUP/CP 84-3 base' on the following findings and subject to the following
conditions:
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Findings:
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The proposed project is consistent with the goals and design
standards of the Village Design Manual.
The proposed project will increase the economic viability of
the Redevelopment area.
The site is physically suitable for the type and density of th development since the site is adequate in size and shape to accommodate development at the density proposed .
The project is consistent with all City public facility pol- icies and ordinances since:
The Design Review Board has, by inclusion of an appropriat condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition,
the Design Review Board has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfie 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.
The project has been conditioned that building permits for
the project will not be granted until an agreement as to the developers responsibility to the Carlsbad School
District is reached.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as conditions of approval.
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.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on March 8, 1984 and approved by the
Design Review Board and Planning Commission on March 28, 1984.
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The requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The use is further consistent with the goals and standards of the Village Redevelopment Manual.
The site for the intended use is adequate in size and shape to accomodate the use.
All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained.
The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use.
The proposed project is located in reasonable proximity to the beach and downtown shops, and therefore can geographically and financially function as a successful time-share project and the project will not be disruptive to surrounding existing or future uses.
Conditions:
Approval is granted for RP/CUP/CP 84-3, as shown on Exhibit
"A", dated March 13, 1984 and Exhibits "Btt - "M", dated
February 27, 1984, incorporated by reference and on file in thl Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is availabll to serve the subdivision.
This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewe:
facilities are available at the time of application for such sewer permits and will continue to be available until time of
occupancy. This note shall be placed on the final map.
This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Cit:
Council Policy No. 17, dated April 2, 1982, on file with the
City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated February 28, 1984, is on file with the City Clerk and incorporated herein by reference.
If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this
project shall be void.
RES0 NO. 033 -3-
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5) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
6) Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council.
Land Use Plannina Office
The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions for the time-share units. Said CC&R's shall be submitted to and approved by the Community Redevelopment Manager prior to final map approval. CC&R's shall indicate that each time share unit
is restricted to one on-site parking space per unit.
The Management and maintenance program submitted as part of the application shall receive final written approval by the Community Redevelopment Manager prior to the issuance of
building permits.
If this project is phased the commercial uses (retail shops, hotel, and restaurant) shall be part of the first phase. If
the condominium units are built in phases, the recreational facilities shall be included in the initial phase.
The applicant shall prepare a detailed landscape and irrigatioi plan which shall be submitted to and approved by the Community Redevelopment Manager prior to the issuance of building permits.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Community Redevelopment Manager prior to installation of such signs.
All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sounc buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of thl Community Redevelopment Manager and Building and Planning Director.
Prior to the issuance of Building Permits, the applicant shall
reach an agreement with the Carlsbad Unified School District a, to the extent of responsibility for fulfillment of District
development requirements to the satisfaction of the Community Redevelopment Manager.
RES0 NO. 033 -4-
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An agreement shall be processed and recorded pursuant to Section 21.44.160(4)(d)(iii) of the Carlsbad Municipal Code. Said agreement shall provide for mutual easements for parking purposes and shall further provide that said easements cannot be removed or modified without the consent of the City of
Carlsbad. The developer shall not restrict the use of the on- site parking spaces without approval of the City.
The approval of this project is subject to the approval and execution of CT 84-6.
This project shall be considered a "Time-Share" condominium project and no unit shall sell for an increment of time to exceed one month. A note indicating this shall be placed on the final map.
The approval of this project is subject to the approval and
execution of CT 84-6.
This project shall be considered a "Time-share" condominium
project and no unit shall sell for an increment of time to exceed four months. A note indicating this shall be placed on the final map.
Eng i neer ing
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of
the affected properties.
Prior to the issuance of a grading permit, the haul route shal be submitted for review and approved by the City Engineer. A
separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2: 1.
An agreement shall be processed and recorded pursuant to
Section 21.44.160(4)(d)(iii) of the Carlsbad Municipal Code. Said agreement shall provide for mutual easements for parking purposes and shall further provide that said easements cannot
be removed or modified without the consent of the City of
Carlsbad. The developer shall not restrict the use of the on-
site parking spaces without approval of the City.
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Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer.
The developer shall dedicate the following portions of right- of-way to the City: a) A one foot wide strip along the frontage of the project with Carlsbad Boulevard so as to provide 51 feet of right- of-way from the center line;
with Ocean Street so as to provide a 50 foot wide right-of way . b) A five foot wide strip along the frontage of the project
Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encumbrances.
Improvements including, but not limited to, the following item shall be installed by the developer and approved by the City Engineer prior to filing the final map. Alternately, the installation of said improvements shall be guaranteed by a security agreement obtained by the developer in an amount and
a type required by the Carlsbad Municipal Code. To wit: Half street plus full median improvements for the westerly
side of Carlsbad Boulevard from- Oak Avenue to Elm Avenue. Half street improvements for: 1) The easterly side of Ocean Street from Oak Avenue to
2) The northerly side of Oak Avenue from Ocean Street to
3) The southerly side of Elm Avenue from Ocean Street to
Sidewalks around the entire project.
Storm drain and related facilities from the project site to the existing storm facilities on the westerly side of Ocean Street and thence continuing in a westerly direction
to the discharge of said facilities. The storm drainage facilities shall be equipped with (A) grease/oil trap(s) capable of intercepting petroleum base pollutants. Street trees. Street lights. Modifications to the existing traffic signal at the south west corner of Carlsbad Boulevard and Elm Avenue.
Elm Avenue.
Carlsbad Boulevard.
Carlsbad Boulevard.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with Cit of Carlsbad Standards prior to occupancy of any buildings.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencief regarding services to the project.
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The design of all private streets and drainage systems shall k
approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map.
All private streets and drainage systems shall be maintained I: the homeowner's association in perpetuity. This responsibilit shall be clearly stated in the CC&R's.
All private driveways shall be kept clear of parked vechicles
at all times, and shall have posted "No Parking/Fire Land Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, tl: City Council may impose new conditions and may revise existin5 conditions.
The developer shall preserve all trees located within areas designated as parking areas on Oak Avenue.
The developer shall grant a non-revocable easement for perimeter sidewalks that encroach upon the project site.
Fire Department
Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall.
The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and ( site roads and drives subject to the approval of the Fire Marshall .
All required fire hydrants, water mains and appurtenances shal be operational prior to combustible building materials being located on the project site.
Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment.
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Fire retardant roofs shall be required on all structures.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
Due to lack of adequate access for firefighters purposes, the condominium buildings shall be supplied with built-in fire protection equipment deemed necessary by the Fire Chief. This equipment may include, but not be limited to, standpipe and/or automatic fire sprinkler systems.
PASSED, APPROVED AND ADOPTED at a special meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 28th day of March, 1984, by the following vote, to wit:
AYES: MARCUS, ROMBOTIS, SCHLEHUBER, MC COY and HOLMES.
NOES: NONE
ABSENT: NONE
ATTEST: n 7 k*L,
CHRIS SALOMONE COMMUNITY REDEVELOPMENT MANAGER
DRB RES0 NO. 033 -8-