Loading...
HomeMy WebLinkAbout1995-07-19; Design Review Board; Resolution 226I 1 ! 1( 1' 1: 1: 1L 15 1E 17 ia 19 20 21 22 23 24 25 26 27 28 Q. DESIGN REVIEW BOARD RESOLUTION NO. 226 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MINOR REDEVELOPMENT PERMIT TO ALLOW FOR THE RELOCATION AND REMODEL OF A MEDICAL OFFICE BUILDING FROM 660 CARLSBAD VILLAGE DRIVE TO 2963 MADISON STREET. CASE NAME: PARKER OFFICE RELOCATION CASE NO RP 95-01 APN 203-304-15 WHEREAS, Oakley Parker ("Developer") has filed a verified application with the Housing and Redevelopment Department of the City of Carlsbad which has been referred to the Design Review Board; and WHEW, said verified application constitutes a request for a Minor Redevelopment Permit as provided by Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board, on the 19th day of July, 1995, did hold a duly noticed public hearing to consider said application on property described as: Lots 25 and 26 in Block 38 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894. 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 Minor Redevelopment Permit 95-01. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. 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 2c 21 24 2: 24 2! 21 2 2 Resolution No. 226 Page 2 2. That based on the evidence presented at the public hearing, the Design Review Board hereby APPROVES Minor Redevelopment Permit, RP 95-01, based on the following findings and subject to the following conditions: FINDINGS 1. The Design Review Board finds that the subject project will have no significant impact on the environment and has approved a Negative Declaration for the subject project. 2. The Project qualifies as a Minor Redevelopment Permit under Chapter 21.35 of the Carlsbad Municipal Code because the project involves a structural change which costs less than $30,000. 3. The project is consistent with the goals and objectives of the various elements of the General Plan because it assists in the effort to create a distinct identity for the Village Redevelopment Area by encouraging activities that traditionally locate in a pedestrianaientecl downtown area, including offices (general and medical), restaurants and specialty retail shops. 4. The project is consistent with the City-wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer 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 are required as a condition of approval. c) The Developer 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. 5. The project has been conditioned 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 the Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities. 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 DRB Resolution N0.a Page 3 6. 7. 8. 9. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Design Manual because it will continue to provide for an encouraged use within Subarea 1 of the Village Redevelopment Project Area and will make a key location within the Village available for future commercial development. The uses allowed in this area are the same as those allowed within the C-1, C-2 and R-P zones, with medical offices permitted by right. The project is in accordance with the applicable provisions of the Carlsbad Municipal Code as demonstrated by the processing of the appropriate discretionary permits, maintenance of compatibility with surrounding land uses, and the provision of adequate parking and landscaping. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, 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. GENERAL AND PLANNING CONDITIONS 1. 2. The Design Review Board does hereby approve the Minor Redevelopment Permit, RP 95-01, for the project entitled "Parker Office Relocation" (Exhibit "A" - "D" is on file in the Housing and Redevelopment Department, dated June 5, 1995), 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 Redevelopment Permit documents, as necessary to make them internally consistent and conform to the Design Review Board's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval shall require an amendment to this approval. If any of the foregoing conditions fails to occur; or, if they are, by their terms, to be implemented and maintained over time; if any such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency 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; 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 Agency's approval of this Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 2c 21 24 2: 2L 2: 2f 2; 21 - DRB Resolution No. 226 Page 4 3. 4. 5. 6. 7. 8. 9. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. The Developer shall provide the Agency with a reproducible 24" X 36". mylar copy of the Site Plan as approved by the Design Review Board. The Site Plan shall reflect the conditions of approval by the Agency. The plan copy shall be submitted to the Planning Director and approved prior to building or grading permit approval, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolutions on a 24" X 36" blueline drawing. Said blueline drawing(s) shall also include a copy of axiy applicable Coastal Development Permit and signed approved site plan. 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. The Developer shall 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. 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 for this project, including but not limited to the following: a) All development within Zone 1 shall pay the required Carlsbad Municipal Water District Fees, if applicable. Prior to the issuance of the Structure Relocation Permit, Developer 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad's Redevelopment Agency has issued a Minor Redevelopment Permit by Resolution No. 226 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director 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 developer or successor in interest. 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 DRB Resolution No.= Page 5 .... .... 10. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted and approval obtained by the Planning Director prior to the approval of the grading or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving conditions, free from weeds, trash and debris. 11. Approval of RP 95-01 is granted subject to the approval of CDP 95-01. STANDARD CODE REMINDERS: 12. 13. 14. 15. 16. 17. 18. 19. .... .... .... This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided hereine. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The Developer shall pay a landscape plan check and inspection fee as required by Section 10.08.050 of the Carlsbad Municipal Code. The first submittal of landscape and irrigation plans shall include building plans, improvement plans and grading plans. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on the existing building so as to be plainly visible from the street or access road; color of identification and/or addresses shall constrast to their background color. Prior to building permit issuance, the Developer shall pay the local drainage area fee in conformance with the Master Drainage Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 2f 2i 2E c DRB Resolution No. 226 Page 6 .... .... .... 20. 21. 22. 23. 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 Developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Concurrent with on-site construction and prior to occupancy, the Developer shall install the following improvements in accordance with City standards: (a) Removal of the existing driveway apron located on the north end of the project site on Madison Street, and replacing it with sidewalk. (b) Removal of the existing driveway apron located on the south end of the project site on Madison Street, and relocating it to serve the adjacent parcel on the south. For the installation of these improvements, concurrent with building permit issuance, the Developer shall obtain a City right-of-way permit. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or after 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 Marshall and establish the fire protection requirements. Also, obtain G.P.M demand for domestic and irrigational needs from appropriate parties. (b) Prior to the preparation of sewer and 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., GPM - EDU). .... .... .... .... .... .... .... .... .... 8. 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 ,- e DlU3 Resolution No. 226 Page 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 19th day of July, 1995 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Noble, Savary, Marquez, Vessey None. Welshons None. ERSON DESIGN REWE)$ BOARD AFT: EVAN E. BECKER, HOUSING AND RFiDEVELOPh!lENT DIRECTOR