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HomeMy WebLinkAbout1995-10-04; Design Review Board; Resolution 2331 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. 233 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW THE CONTINUED USE AND FUTURE REDEVELOPMENT OF THE ARMY AND NAVY ACADEMY ON PROPERTY GENERALLY LOCATED ON THE EAST AND WEST SIDE OF CARLSBAD BOULEVARD BETWEEN MOUNTAIN VIEW DRIVE AND BEECH AVENUE. CASE NAME: ARMY AND NAVY ACADEMY MASTER SI'TE PLAN CASE NO: RP 94-02 WHEREAS, the Army and Navy Academy has filed a verified application with the City of Carlsbad which has been referred to the Design Review Board; and WHEREAS, said verified application constitutes a request for a Major Redevelopment Permit as provided by Chapter 2135 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board did, on the 6th day of September, 1995, and on the 4th day of October, 1995, hold a duly noticed public hearing to consider said application on property described as: Lot 46 and a Portion of Lot 47 of Granville Park According to Map Thereof No. 1782, February 21,1924; Lots 58-73, 75, 76, 94-96, 98-101, 102-130, 131, 153-170, 177-198 Inclusive of Granville Park No. 2, According to Map Thereof No. 2037, June 18,1927; A Portion of Block 3 of Town Carlsbad, According to Map Thereof No. 755, February 15,1894; That Portion of Block 1 and 2 of Oceanside Addition To Carlsbad, According to Map Thereof No. 893, April 8,1903; That Portion of Lot 1, Block "A" of Hayes Land Company Addition to Carlsbad, According to Map Thereof No. 1221, November 4, 1909; all Filed in the Office of the County Recorder of San Diego County, and all 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 94-02. 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 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 RECOMMENDS APPROVAL OF MAJOR REDEVELOPMENT PERMI"/RP 94-02, based on the following findings and subject to the following conditions: FindinPs: 1. The Design Review Board finds that the project will have no significant impact on the environment, and has recommended approval of the Negative Declaration for the project. 2. The Design Review Board finds that the project, as conditioned herein for Redevelopment Plan RP 94-02, is in conformance with the Elements of the City's General Plan/Redevelopment Plan, based on the following: a. Land Use - A private school is a permitted conditional use in the V-R Zone with a Major Redevelopment Permit; b. Circulation - The project would provide roadway and frontage improvements, and there would be no operational deficiencies at intersections and roadways serving the project; c. Open Space and Conservation - Based on an archaeological survey and historical inventory, the project would not significantly impact cultural resources. 3. 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 necessary public improvements have been provided or are required as conditions of approval. 5. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. DRB RES0 NO. 233 -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 6. 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. The school land use is compatible with surrounding commercial and residential land uses, and a private school is allowed in the Village Redevelopment Zone with a Redevelopment Permit. A portion of the proposed project is located within Sub-area 5 of the plan. Permitted land uses in Sub-area 5 include visitor serving commercial uses and uses allowed in the R-3 Zone, which includes private schools with a Redevelopment Permit. In the Village Area Redevelopment Plan the Army and Navy Academy site is not designated for commercial usage, therefore, the LCP requirement for properties with commercial land use designations such that "the entire ground floor of all projects shall be devoted to visitor commercial uses" is not applicable to this project. 7. 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. PlanninP Conditions: 1. The Design Review Board does hereby recommend approval of the Major Redevelopment Permit for the RP 94-02 project entitled "Army and Navy Academy Master Site Plan". (Exhibits "A - "J" on file in the Planning Department and incorporated by this reference, dated September 6, 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. 2. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time; if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modiq 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 City's approval of this Resolution. 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect DRB RES0 NO. 233 -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 5. 6. 7. 8. 9. the conditions of approval by the City. The Site Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. Prior to the issuance of a building or grading permit, which ever occurs first, 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 has issued a Major Redevelopment Permit by Resolution No. 233 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. 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. This project shall comply with all conditions and mitigation measures which are 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. Approval of RP 94-02 is granted subject to: 1) Approval of the Negative Declaration, Resolution No. 233; 2) Approval of CDP 94-02; and 3) Planning Commission approval of CUP 94-02. RP 94-02 is subject to all conditions contained in Design Review Board Resolution No. 234 and Planning Commission Resolution No. 3797. Prior to issuance of any grading or building permit, whichever occurs first, for development shown within the V-R Zone on the master site plan, the developer shall obtain an individual permit and/or an amendment to this permit RP 94-02. All development shall be consistent with the adopted master site plan, the Design Guidelines (Exhibit "J"), and the conceptual landscape plan (Exhibit "I"). The Design Guidelines, Exhibit "J" shall be amended to state that the implementation and interpretation of the Design Guidelines shall also be subject to the review and approval of the City's final decision-maker for all applicable development. Engineering Conditions: 10. The future building development of the Army/Navy Academy may be accomplished in the order shown on exhibit "G" labeled "Phasing Plan," dated September 6,1995. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to issuance of any grading or building permits for the construction of any facilities within a given phase, the applicant shall install, or agree to install and secure with appropriate security as prodded by law, improvements shown on the site plan, which consist of, DRB RES0 NO. 233 -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 the following: Public Immovement Phasing Promm Phase A - North side of Cvpress Avenue 1. Half street improvements to Cypress Avenue from Carlsbad Boulevard to Garfield Street. 2. Relocate utility pole 16 as needed. Phase A - South side of Cvpress Avenue 1. Half street Improvements to Cypress Avenue from the most easterly property line to Garfield Street. 2. Half street improvements to Garfield Street from Cypress Avenue to the most southerly property line. 3. Underground utility segment 15. 4. Relocate utility pole 13 as needed. Phase 1 - At Carlsbad Boulevard and Mountain View Drive 1. Half street improvement to the west side of Carlsbad Boulevard from the northerly property line to Mountain View Drive. 2. Relocate utility pole 20 as needed. 3. Half street improvement to the north side of Mountain View Drive from Carlsbad Boulevard to the most westerly property line (Le., to the Phase J westerly boundary line). Phase B 1. Half street improvements to the east side of Ocean Street from Pacific Avenue to Cypress Avenue. 2. Underground utility segments 9 through 11. 3. Relocate utility pole 10 as needed. 4. Half street improvements to the south side of Pacific Avenue from Ocean Street to Garfield Street. 5. Underground utility segments 7 and 8. DRB RES0 NO. 233 -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 6. Relocate utility pole 5 as needed. Phase C 1. Half street improvements to the west side of Ocean Street from Pacific Avenue to Cypress Avenue. 1. Half street improvement to the north side of Beech Avenue along the project frontage. 2. Underground utility segments 22 and 23. Phase E - FrontinP Garfield Street 1. Half street improvements to Garfield Street from Cypress Avenue to the southerly property line. 2. Underground utility segments 14 and 17. Phase E - Fronting Ocean Street 1. Half street improvements to Ocean Street along the project frontage. 2. Underground utility segments 12 and 13. 1. Half street improvements to the south side of Pacific Avenue from Garfield Street to Mountain View Drive. 2. Underground utility segments 4, 6, 18, 19 and 20. 3. Relocate utility pole 1 as needed. Phase G 1. Half street improvements to Mountain View Drive from Carlsbad Boulevard to Pacific Avenue. 2. Underground utility segments 2, 3 and 21 an the utility line from pole 1 to pole 20. Phase H 1. Underground utility segment 1. DRB RES0 NO. 233 -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 2. Complete items 1 through 3 of Phase F if not already completed. Phase J 1. Underground utility segment 24. Concurrent with any development of the site, the phase 1 portion of the parking lot shall be constructed along with items 1 through 3 of the Phase 1 - At Carlsbad Boulevard and Mountain View Drive improvements. In accordance with the above Public Improvement Phasing Program, full improvements shall include but not be limited to the following: Concrete curb, gutter and sidewalk. Asphalt/Concrete or Concrete roadway pavement widening. Installation of handicap ramps. Storm Drain facility improvements. Sewer facility improvements. Water facility improvements. Installation of Street Light Standards. Installation of Fire Hydrants. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Fire Conditions: 11. 12. 13. 14. 15. Prior to the issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and local Fire Codes. Provide additional public fire hydrants at intervals of 300 feet along public streets and private driveways. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include offsite fire hydrants within 200 feet of the project. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all-weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations DRB RES0 NO. 233 -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 16. 17. 18. 19. cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with a "Knoxtt, key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. All buildings having an aggregate floor area in excess of 10,OOO square feet must be protected by automatic fire sprinkler systems. Plans and specifications must be approved by the fire department, and a permit obtained prior to installation. Water Conditions: 20. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands can be met. 21. 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. 22. Sequentially, the Developers Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM 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 (ie - GPM-EDU). 23. 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. This note shall be placed on the final map. DRB RES0 NO. 233 -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 Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 24. 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 provide herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 4th day of October, 1995 by the following vote, to wit: AYES: Vice-Chairperson Welshons, Board Members Compas, Marquez, Savary, and Vessey NOES: None ABSENT: None ABSTAIN: None KI~ WELSHONS, Vice-Chairperson DESIGN REVIEW BOARD ATTEST: /- EVAN BECKER Housing and Redevelopment Director DRB RES0 NO. 233 -9-