HomeMy WebLinkAbout1995-09-06; Design Review Board; Resolution 2311
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DESIGN REVIEW BOARD RESOLUTION NO. 231
A RESOLUTION OF THE DESIGN REVIEW BOARD OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A COASTAL
DEVELOPMENT PERMIT AND HEIGHT EXEMPTION
TO ALLOW THE REDEVELOPMENT OF THE
CARLSBAD BY THE SEA LUTHERAN HOME ON
PROPERTY GENERALLY LOCATEDAT2855 CARLSBAD
BOULEVARD AND 201 GRAND AVENUE.
CASE NAME CARLSBAD BY THE SEA LUTHERAN
HOME
CASE NO: CDP 94-06
WHEREAS, California Lutheran Homes has filed a verified application with
the City of Carlsbad and referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request for a coastal
development permit as provided by Chapter 21.81 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Design
Review Board did, on the 16th day of August, 1995 and on the 6th day of September, 1995,
hold a duly noticed public hearing to consider said application on property described as:
Parcel A Block 8 and 9 of town of Carlsbad, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 365, filed in the Office of the County
Recorder of San Diego County February 2, 1887; also all of
Garfield Street adjoining said Blocks 8 and 9 as vacated and
closed to public use. Together with the Southeasterly V2 of
Cedar Street as street is shown on said map adjoining said land
on the northwest which upon closing would revert, by operation
of law to the above described land.
Parcel B: Parcel 1 of Parcel Map No. 3488, in the City of
Carlsbad, County of San Diego, State of California, according
to Map on file in the Office of the County Recorder of San
Diego County, being a division of a Portion of Block 12 of the
town of Carlsbad, according to Map thereof No. 535, filed in
the Office of the County Recorder of San Diego County.
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WHEREAS, at said 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 CDP 94-06.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board of the City of Carlsbad as follows:
(A)
(B)
That the foregoing recitations are true and correct.
That based on the evidence presented at public hearing, the Board
recommends APPROVAL of Coastal Development Permit, CDP 94-06 based
on the following findings and subject to the following conditions:
Findinps:
1.
2.
The Design Review Board finds that the subject project will have no significant
impact on the environment as mitigated, and has recommended approval of a
Mitigated Negative Declaration for the subject project.
The Design Review Board finds that the project, as conditioned herein for CDP 94-
06, is in conformance with the Elements of the City’s General Plan/Redevelopment
Plan, based on the following:
a. Land Use - The project is consistent with policies encouraging a variety of
complementary land uses such as commercial and high density residential
since the project is a commercially operated retirement and nursing facility
with high density residential characteristics. The project is consistent with
policies for the Village which call for the preservation and enhancement of
the Village as a place for living while retaining the village atmosphere and
pedestrian scale,
b. Circulation - The project is consistent with Circulation Element policies for
street, traMc control, and alternate modes of transportation since: 1) City
street design standards were used as guidelines in the review of the
Christiansen Way partial street vacation which will reduce the right-of-way
width and result in a new roadway design consisting of 14’ wide travel lanes
in both directions, no onstreet parking, and 5’ sidewalks; 2) the construction
by the applicant of a 51 space public parking lot including landscaping and
sidewalk within the unimproved Garfield Street right-of-way represents a joint
public/private effort to improve parking and circulation in the beach area; 3)
the provision by California Lutheran Homes of onsite parking, the
construction of the Garfield street parking lot, the redesign of Grand Avenue
to add diagonal parking, and curb, gutter, and sidewalk improvements on
streets surrounding the project will result in an actual increase in available
public parking in the beach area.
DRB RES0 NO 231 -2
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3.
C.
d.
e.
Noise - The project is consistent with exterior and interior noise standards
for residential properties as verified by an acoustical study prepared for the
project and noise walls are limited and designed in accordance with Noise
Element design policies.
Open Space and Conservation - The project is consistent with Historic and
Cultural Preservation policies since: 1) the cultural resource guidelines were
incorporated into the environmental review of the project, 2) the replication
of the historic Carlsbad Springs Hotel architecture will promote the use of
historic resources for the education, pleasure, and welfare of the people of the
City; 3) conditions requiring an onsite plaque depicting the site’s history and
historical documentation on file in the Carlsbad City Library will provide
landmark identification and historical documentation of a designated cultural
resource,
The project is consistent with overall goal of the Village Area Redevelopment
Project to create a pleasant, attractive, accessible environment for living,
shopping, recreation, civic, cultural and service functions through the
elimination of blighting influences and through restoration and new,
private/public development forms which preserve and enhance the existing
character of the Village Area and surrounding community.
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 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.
4. All necessaq public improvements have been provided or are required as conditions
of approval.
5. 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.
6. 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 a Local Facilities Management Plan prepared pursuant
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued
availability of public facilities and will mitigate any cumulative impacts created by the
project.
7. This project has been conditioned to comply with any requirement approved as part
of the Local Facilities Management Plan for Zone 1.
DRB RESO NO 231 -3-
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8. That the Project is consistent with the City’s Landscape Manual, adopted by City
Council Resolution No. 90384.
9. The project is consistent with the intent of the Carlsbad Village Area Redevelopment
Plan and the development standards and design criteria required by the Village
Design Manual and Village Redevelopment LCP except that the project requires
Coastal Commission approval of a Local Coastal Program Amendment and an
exemption to height standards (see Finding 10 below). The professional care facility
use is compatible with surrounding commercial and residential land uses, however,
it does not include a visitor serving commercial use on the entire ground floor as
required by the LCP. Its retention within Sub-area 5 of the V-R Coastal Zone will
not have a significant impact on the amount of available visitor serving uses in the
Village coastal zone since it represents only 5% of the total Sub-area 5 acreage.
Adequate visitor serving uses are available and will be available to satisfy future
demand since two-thirds of this Sub-area is either currently developed with or
reserved for future visitor serving commercial uses including parks.
10. Within the V-R Zone, the project meets all the requirements of the Zoning
Ordinance except building height at two locations; therefore, the following required
findings for granting an exemption to Village Redevelopment (V-R) height standards
are made:
a) That the application of certain provisions of Chapter 21.35 would result in
practical difficulties or unnecessary hardships which would make development
inconsistent with the general purpose and intent of the Carlsbad Village Area
Redevelopment plan, in that: 1) the project is required to replicate the
existing front facade of the locally significant historical structure which
exceeds the maximum building height allowed, and 2) the placement of a
driveway ramp providing access to subterranean parking garages precludes
engineering the necessary grade adjacent to the building to satisfy the
building height requirement;
b) That there are exceptional circumstances or conditions unique to the property
or the proposed development which do not generally apply to other property
or developments in the vicinity, in that there are no other parcels with
multiple land use and zoning designations requiring the application of
different height standards (39, 30’ pitched roof, 24’ flat roof) at different
locations on an infill parcel which also drops in elevation by 13’ from east to
west;
c) That the granting of an exemption will not be injurious or materially
detrimental to the public welfare, or other properties or improvements in the
project area, in that additional building height at the proposed locations will
not detrimentally impact adjacent projects which are non-residential and
separated by roadways;
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DRB RES0 NO 231 -4-
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11.
d) That the granting of an exception will not contradict the standards established
in the Village Design Manual, in that maximum building height standards are
adhered to at ail locations except two where practical difficulties or unique
circumstances and/or conditions exist.
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.
Plannine Conditions:
1.
2.
3.
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The Design Review Board does hereby recommend approval of the Coastal
Development Permit and height exemption for CDP 94-06, entitled “Carlsbad By The
Sea Lutheran Home”, (Exhibits “A” - V’’ on file in the Planning Department and
incorporated by this reference, dated August 16, 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 approved Documents, as necessary
to make them internally consistent and conform to Housing and Redevelopment
Commission 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.
Approval of CDP 94-06 is granted subject to: 1) approval of the Mitigated Negative
Declaration, Resolution No. 228; 2) approval of RP 94-06,3) approval of LCPA 95-
07; 4) Coastal Commission approval of LCPA 95-07 and a coastal development
permit for the entire project; and 5) Planning Commission approval of CUP 94-10,
HDP 94-08, and V 94-01.
CDP 94-06 is subject to all conditions contained in Design Review Board Resolution
Nos. 228, 230, for RP 94-06, dated August 16, 1995, on file in the Housing and
Redevelopment Department, and Planning Commission Resolution Nos. 3790,3791,
dated August 16,1995 for CUP 94-10, V 94-01, for the professional care facility, on
file in the Planning Department and incorporated herein by reference.
DRB RES0 NO 231 -5-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 6th day of September, 1995
by the following vote, to wit:
AYES: Vice-Chairperson Welshons, Board Members Savary and Vessey
NOES:
ABSENT: Board Members Marquez and Noble
ABSTAIN:
KIM WkLSHONS, Vice-Chairperson
DESIGN REVIEW BOARD
EVAN BECKER
Housing and Redevelopment Director
DRB RES0 NO 231 -6-