HomeMy WebLinkAbout1995-02-01; Design Review Board; Resolution 2191
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. 219
A RESOLUTION OF THE DESIGN REVIEW BOARD OF
THE CITY OF CARLSBAD, CALIFORNIA
RECOMMENDING APPROVAL A MAJOR
REDEVELOPMENT PERMIT TO ALLOW THE
CONSTRUCTION AND OPERATION OF A MINERAL
SPRINGS SPA, OFFICE, AND APARTMENT ON
PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF CARLSBAD BOULEVARD
VILLAGE REDEVELOPMENT ZONE.
CASE NAME:
AND CHRISTIANSEN WAY IN SUB-AREA 5 OF THE
CARLSBAD MINERAL SPRINGS SPA
CASE NO: RP 94-03
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 for a Major
Redevelopment Permit as provided by the Carlsbad Village Area Redevelopment Plan,
Village Design Manual, and Chapter 21.35 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Village Design Manual and the
Municipal Code, the Design Review Board did, on the 1st day of February, 1995, hold a
duly noticed public hearing to consider said application on property described as:
A portion of Block 10 of Carlsbad Lands, according to Map No.
1661, filed in the Office of the County Recorder on March 1,
1915, in the City of Carlsbad, County of San Diego, State of
California.
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 94-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board as follows:
A) That the foregoing recitations are true and correct.
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
B) That based on the evidence presented at the public hearing, the Design
Review Board recommends APPROVAL of RP 94-03, based on the following
findings and subject to the following conditions:
Findings:
1.
2.
3.
The proposed mineral springs spa development is consistent with the various goals
and objectives of the General Plan since it helps create a distinctive sense of place;
provides safe, adequate and attractively landscaped parking facilities; integrates
housing with non-residential development; protects, preserves, recognizes and
enhances existing heritage; and encourages private businesses to install works of art
in their public places.
The proposed mineral springs spa development is in accordance with the Carlsbad
Village Area Redevelopment Plan and Village Design Manual because it increases
the accommodation of residential uses in the convenient core area, provides non-
ground floor residential development compatible with the surrounding area, and
which does not adversely affect adequate internal residential order and amenity,
provides a strong pedestrian orientation, adds to the variety of commercial, tourism,
and recreational activity close to the beach, improves the visual aesthetics of the
area, preserves the cultural quality of the downtown area, and provides appropriate
building scale, landscaping, and parking.
The proposed mineral springs spa development is in accordance with the applicable
provisions of the Carlsbad Municipal Code as demonstrated by the conformity with,
or being conditioned to conform with, the requirements of Chapters 11.06, 18.17,
21.29 and 21.44 of the Carlsbad Municipal Code through the provision of parking,
landscaping, street improvements, the proper building height, and permits to operate
the spa.
Conditions:
1. Approval is granted for RP 94-03, as shown on Exhibits "A" - "H, dated February
1, 1995, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the
site plan as approved by the Housing and Redevelopment Commission. 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 permit approval.
3. This project is approved upon the express condition that 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.
DRB RES0 NO. 219 -2-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4.
5.
6.
7.
8.
9.
10.
11.
12.
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 (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 subdivider's agreement to pay the public facilities
fee dated April 8, 1994, 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.
This project shall comply with all conditions and mitigation measures which may be
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.
The applicant shall provide school fees to mitigate conditions of overcrowding as part
of building permit application. These fees shall be based on the fee schedule in
effect at the time of building permit application.
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 66020. 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.
Prior to the issuance of the certificate of occupancy, the applicant shall apply for
and obtain a sign permit in accordance with the requirements of the Village Design
Manual and/or the City sign ordinance.
Prior to issuance of the building permit the applicant shall apply for and obtain a
grading permit authorizing gradings substantially as shown on Exhibit "A", dated
February 1,1995, generally increasing the "existing grade" in such a manner that the
resulting new "existing grade" will allow buildings to be constructed in accordance
with Exhibit "E", dated February 1, 1995, not in excess of 35 feet in height.
Prior to issuance of a building permit, the applicant shall apply for and obtain all
necessary approvals from the San Diego County Health Department. Failure to
obtain these permits or subsequent revocation of the permits shall constitute cause
for cessation and abatement of the mineral springs spa use by the Community
Development Department.
Prior to issuance of the certificate of occupancy, the applicant shall apply for and
obtain all permits/approvals required to operate the Spa under Chapter 18.17 of the
Carlsbad Municipal Code and the Uniform Swimming Pool, Hot Tub, and Spa Code.
Prior to the issuance of any building permits, the applicant shall pay to the City an
inclusionary housing impact fee as an individual fee on a per market-rate dwelling
unit basis.
DRB RES0 NO. 219 -3-
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
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance, the Village Design Manual, and all other applicable City ordinances in
effect at time of building permit issuance.
Approval of RP 94-03 is subject to approval of CDP 94-04. All conditions of CDP
94-04, Design Review Board Resolution No. 220, dated February 1, 1995, on file in
the Planning Department, are incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director and Housing and Redevelopment Director. Enclosure shall be of
similar colors and/or materials to the project to the satisfaction of the Planning
Director and Housing and Redevelopment Director.
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.
Compact parking spaces shall be located in large groups in locations to the
satisfaction of the Planning Director and Housing and Redevelopment Director.
An exterior lighting plan including parking areas shall be submitted for Planning
Director and Housing and Redevelopment Director approval. All lighting shall be
designed to reflect downward and avoid any impacts on adjacent 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, the
Planning Director and the Housing and Redevelopment Director.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of grading
or building plans, whichever occurs first.
All parking lot trees shall be a minimum of 15 gallons in size.
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.
Preliminary landscape plans shall be submitted.
DRB RES0 NO. 219 -4-
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
All landscape plans shall be prepared to conform with the Landscape 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 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.
The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or are too large relative to the lot size.
Planter width shall be a minimum of four (4) feet, not including curb, footings and/or
other paving, and parking overhang.
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.
All herbicides shall be applied by applicators licensed by the State of California.
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.
All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
All parking lot trees shall be canopy trees.
Mature trees which are removed shall be replaced one to one with minimum 36” box
specimen. Each case shall be reviewed by the Planning Director.
The minimum shrub size shall be 5 gallons.
30% of trees in commercial projects shall be 24” box or greater.
Trees shall be dispersed throughout the parking lot at a ratio of 1 tree per three
parking stalls.
Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and/or the Village Design Manual and
shall require review and approval of the Planning Director prior to installation of
such signs. No signs are approved by virtue of this Redevelopment Permit.
DRB RES0 NO. 219 -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
41. 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.
42. Approval for RP 94-03 is granted subject to the condition that, prior to issuance of
any building permit for the project, a deed restriction be placed on the parking lot
parcels, Assessor's Parcel Numbers 203-172-14 and 203-172-15, requiring the
maintenance of the properties as a parking lot of at least 22 spaces for the mineral
springs spa buildings. No alteration to the site that would reduce the quantity or
quality of parking spaces can occur unless alternate parking is developed on the site
or within 300 feet, as required by Section 21.44.020(c) of the Carlsbad Municipal
Code through an amendment to this Redevelopment Permit.
Eneineerinp Conditions:
43.
44.
45 *
46.
47.
48.
49.
50.
51.
All Improvements within this project shall be constructed with the latest
requirements of the Standard Design Criteria for the Design of Public Works
Improvements in the Citv of Carlsbad.
The applicant shall comply with all rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell
Telephone and Cable TV authorities.
Prior to grading or building permit issuance, the applicant shall pay all current fees
and deposits required.
Prior to issuance of a building permit the applicant shall pay a Planned Local
Drainage Area (PLDA) fee for high runoff on the southerly parcel (APN 203-173-
Ol), plus the area of half street width along Christiansen Way.
Prior to issuance of a building permit, the applicant shall pay a Sewer Capacity Fee
for the additional 2.94 Equivalent Dwelling Unit's of sewerage the project will
generate.
Prior to issuance of a building permit, the applicant shall pay a Water Connection
Fee for the additional water usage based on the 2.94 Equivalent Dwelling Unit's.
Prior to issuance of a building permit, the applicant shall pay a Traffic Impact Fee
for the additional 80 Average Daily Trips generated by the project.
Prior to issuance of a building permit, the applicant shall either obtain an
encroachment permit for the existing Alt Karlsbad building encroaching into the
Christiansen Way right-of-way or a street vacation for the excess Christiansen Way
right-of-way, as shown on Exhibit "A", dated February 1, 1995.
DRB RES0 NO. 219 -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
52.
53.
54.
55.
56.
57.
58.
.... .... .... ....
Prior to the approval of the grading or building permit, the owner of the subject
property shall execute as agreement holding the City harmless regarding drainage
across the adjacent property.
Pretreatment of the sanitary sewer discharge from this project may be required. In
addition to the requirements for a sewer connection permit the applicant shall
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The
applicant shall apply for as industrial waste discharge permit concurrently with the
building permit for this project.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operations.
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
Chapter 11.06.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to or concurrent with any grading or building permit as
may be required by the City Engineer.
Plans, specification and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. Prior to issuance of a building
permit in accordance with City Standards, the applicant shall install, or agree to
install and secure with appropriate security as provided by law, improvements shown
on the site plan and more completely described as follows:
A. Christiansen Way shall be constructed to a local street standard of 40 feet
between curbs including paving, concrete curbs, gutters, sidewalks, and street
lights from Carlsbad Boulevard to the project boundaries. Sufficient
transition sections shall be constructed offsite as needed.
The above improvements shall be constructed prior to occupancy for the additional
uses including operations of the mineral spa.
Every effort shall be made to save the large eucalyptus tree at the north east corner
of Carlsbad Boulevard and Christiansen Way. The City Engineer may approve
modifications to the public improvemedts of curb, gutter and sidewalk in accordance
with the Street Width and Improvements Standards variance procedure, in order to
help save the tree.
DRB RES0 NO. 219 -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
59. Prior to issuance of a certificate of occupancy the owner shall grant to the City and
record an easement, for public sidewalk purposes, over the property encompassing
the historical well site shown on the site plan (Exhibit "A") as an area 11.5 feet by
20.00 feet. A safely constructed sidewalk shall be installed over said area, with any
cost sharing to be approved by the City Council prior to issuance of the certificate
of occupancy.
Carlsbad Municipal Water District Conditions:
60.
61.
62.
63.
....
....
....
The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can
be met.
The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San
Diego County Water Authority capacity charge will be collected at issuance of
application for meter installation.
Sequentially, the Developer's Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection
requirements. Also obtain G.P.M. demand for domestic and irrigational
needs from appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement
plans, a meeting must be scheduled with the District Engineer for review,
comment and approval of the preliminary system layouts and usages (i.e. -
G.P.M. - E.D.U.).
This project is approved upon the expressed 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 service and sewer facilities are available
at the time of application for such water service and sewer permits will continue to
be available until time of occupancy.
DRB RES0 NO. 219 -8-
1
2
<
L
C
E
7
E
E
1c
11
12
13
14
15
16
17
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 the City of Carlsbad, California, held on the 1st day of February, 1995 by
the following vote, to wit:
AYES: Chairperson Noble, Board members Marquez, Savary, Vessey,
Welshons
NOES:
ABSENT:
ABSTAIN
ATTEST
BAILEY NOKE, Chairperson
DESIGN REVIEW BOARD
EVAN BECKER
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 219 -9-