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HomeMy WebLinkAbout1990-12-19; Design Review Board; Resolution 1601 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 DESIGN REVIEW BOARD RESOLUTION NO. 160 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A REDEVELOPMENT PERMIT TO ALOW THE CONSTRUCTION OF A THREE STORY MIXED USE OFFICE/RETAIL STRUCTURE ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF STATE STREET AND LAGUNA DRIVE. CASE NAME: BEVERLY CENTRE CASE NO.: RP 89-8 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 as 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 17th day of October, 1990, hold a duly noticed public hearing to consider said application on property described as: That portion of Lot 20 of Map 1722, Seaside Lands on file with the County of San Diego. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to RP 89-8. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL, based on findings and subject to the following conditions: Findins: 1. The project is consistent with the goals and objectives of the Village Design Manual. 2. The project meets all the requirements of the Zoning Ordinance. 3. The engineering analysis by City staff indicates that points of traffic conflict have been mitigated through onsite circulation design, and movement restrictions on the public street. c 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 4. The development of fust floor retail with office above has been proven to be compatiile both historically and economically. Planning Conditions: Standard 1. 2. 3. 4. 5. 6. 7. Approval is granted for RP 89-8, as shown on Exhibit(s) "A" - "K", dated August 30, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 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 subdivideis agreement to pay the public facilities fee dated November 28, 1989, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. Water shall be provided by the Carlsbad Municipal Water District. 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 challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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. This approval shall become null and void if building pennits are not issued for this project within one year from the date of project approval. 3nsite 8. All roof appurtenances, including air conditioners, 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 Planning and Building. DRB RES0 NO. 160 -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 9. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. 10. LandscaDe 11. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. AU landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. AU landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. The minimum shrub size shall be 5 gallons. 12. 13. 14. 15. 16. 17. 18. 19. 20. Sims 21. A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to occupancy of any building. DRB RES0 NO. 160 -3- 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 !2. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. hvironmental !3. Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the Planning Department. The structure is parked solely for retail or general office use. No medical or restaurant use is allowed without specific amendment to this permit via public hearing. Tenants or their clients shall not be charged for park. The leasor shall require the leasees to provide evidence of current City of Carlsbad business licenses as a condition of the lease. All conditions of Design Review Board Resolution No. 159 are incorporated in their entirety herein by reference. !4. !5. !6. !7. innineering Conditions: !8. !9. 30. 51. 32. 33. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. The developer shall enter into an agreement to pay proportional fees for the future undergrounding of all existing overhead utility lines along the boundary of the project prior to grading or building permit issuance. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste water discharge permit concurrently with the building permit for this DRB RES0 NO. 160 -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 14. 15. 56. 57. 58. 19. IO. 11. 12. 13. project. No Certificates of Occupancy for the project will be issued before the industrial waste discharge permit application requirements have been met, all applicable fees paid and permit issued. Rain gutters must be provided to convey roof drainage to the driveway to the satisfaction of the City Engineer. No grading shall occur outside the limits of the project unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the redevelopment permit or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved site plan as determined by the City Engineer and Planning Director. 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. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Prior to approval of any grading or building permits for this project, the owner shall give written consent to 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. The form shall be provided by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. Laguna Drive shall be dedicated by the developer along the project frontage based on a center line to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards prior to issuance of building permit. DRB RES0 NO. 160 -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 44. 15. 46. 17. 18. 19. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to issuance of building permitlgrading permit in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvements: A. Full 1/2 street improvements to Laguna Drive along the project frontage to join the existing improvements on State Street and provide the necessary transitions to the east. B. Upgrading of the existing 36 inch storm drain to 48 inch along the project frontage on Laguna Drive (as per the Master Drainage plan. C. Full 1/2 street improvements to State Street along the project frontage. The existing curb, gutters, sidewalks and pavement shall be removed and replaced to the satisfaction of the City Engineer. D. AU match lines of new pavement to existing shall be saw cut and the asphalt feathered to provide a smooth road surface. Improvements listed above shall be constructed within 12 months of improvement plan approval, whichever occurs first. The developer shall install sidewalks along all public streets abutting the project in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The developer shall install a wheelchair ramp at the public street comer abutting the project site in conformance with City of Carlsbad Standards prior to occupancy of any buildings. AU condition(s) listed above require a right of way permit, traffic control plan and appropriate securities prior to issuance of any building permit. Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. Custom Conditions: 50. The developer shall submit proof of the quit-claiming of the existing easements to SDG&E (recorded May 25, 1966 as File No. 87180) and Pacific Telephone and Telegraph Co. (recorded June 30, 1966 as File No. 107512) prior to the issuance of a building permit. The developer shall submit and receive approval of an adjustment plat and Certificate of Compliance for the consolidation of the two existing lots into one prior to the issuance of a building permit. The project has been approved with an "on-street" truck loading zone adjacent to the curb 51. 52. DRB RES0 NO. 160 -6- .- e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 26 27 20 53. ;ire i4. 55. 56. 57. 58. .. .. .. .. .. .. .. .. .. on Laguna Drive at the easterly end of the project. The loading zone shall be sized to enable a forty foot long truck to freely pull in and out and shall be delineated and signed to the satisfaction of the City Engineer. This site contains hydrocarbon fuel contaminated soils. The removal and the completion of a contamination remedial program for the contaminated soils shall be performed in accordance with the requirements of the County of San Diego Department of Health Services and the San Diego Regional Water Quality Control Board. Documentation of the successful completion of this program shall be submitted to the City prior to the issuance of a grading or a building permit. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials begin located on the project site. Fire retardant roofs shall be required on all structures. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall spilt the building into 10,000 sq. ft. (or less) areas. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.020, Carlsbad Municipal Code. DRB RES0 NO. 160 -7- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 li 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of by the following vote, to December 19, 1990 he City of Carlsbad, California, held on the wit: AYES: Schlehuber, McCoy, Rombotis and Schramm NOES: None ABSENT McFadden ABSTAIN: None HN MCCOY, Chairman &SBAD DESIGN REVIEW kRD IOUS~G ANF~LOPMENT DIRECTOR DRB RES0 NO. 160 -a-