HomeMy WebLinkAbout1995-11-01; Design Review Board; Resolution 2411
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DESIGN REVIEW BOARD RESOLUTION NO. 241
A RESOLUTION OF THE DESIGN REMEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
MAJOR REDEVELOPMENT PERMIT TO ALLOW FOR THE
CONSTRUCTION OF A COMMERCIAL BUILDING AND RELATED
SITE IMPROVEMENTS ON PROPERTY LOCATED AT 660 CARLSBAD
VILLAGE DRIVE IN SUBAREA 1 OF THE VILLAGE
REDEVELOPMENT AREA.
CASE NAME: BLOCKBUSTER VJDEO
CASE NO: RP 95-02
APN: 203-30426
WHEREAS, Blockbuster Video ("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
WHEREAS, said verified application constitutes a request for a Major
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 1st day of November, 1995, did hold a duly noticed public hearing to
consider said application on property described as:
Parcel A: Lots 27 and 28 in Block 38 of the Town of Carlsbad, in the City of
Carlsbad, County of San Diego, State of California, according to the map
thereof No. 535, filed in the Office of the County Recorder of San Diego
County, May 2, 1888.
Parcel B-1: The Westerly 50 feet of Lots 31 and 32 in Block 38 of the Town
of Carlsbad, in the City of Carlsbad, County of San Diego, State of
California, according to the map thereof No. 535, filed in the Office of the
County Recorder of San Diego County, May 2, 1888.
Parcel B-2: The Westerly 50 feet of Lots 29 and 30 in Block 38 of Townsite
of Carlsbad, in the City of Carlsbad, County of San Diego, State of California
according to the map thereof No. 365, filed in the Office of the County
Recorder of San Diego County, February 2, 1887. .... .... ....
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DRB Resolution No. 241
Page 2
Parcel B-3: That parcel of land that lies between the Westerly 50 feet and the
Easterly 50 feet of Lots 31 and 32 in Block 38 of the Town of Carlsbad, in
the City of Carlsbad, County of San Diego, State of California, according to
the map thereof No. 535 filed in the Office of the County Recorder of San
Diego County, May 2, 1888.
Parcel B-4: That parcel of land that lies between the Westerly 50 feet and the
Easterly 50 feet of Lots 29 and 30 in Block 38 of Townsite of Carlsbad, in the
City of Carlsbad, County of San Diego, State of California, according to the
map thereof No. 365 filed in the Office of the County Recorder of San Diego
County, February 2, 1887.
EXCEPT the Northwesterly 5 feet of said Lot 29.
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 Major Redevelopment Permit 95-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review
Board as follows:
1. That the foregoing recitations are true and correct.
2. That based on the evidence presented at the public hearing, the Design
Review Board hereby RECOMMENDS APPROVAL of Major
Redevelopment Permit, RP 95-02, 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 Major Redevelopment Permit under Chapter 21.35
of the Carlsbad Municipal Code because the project involves a structural
change which exceeds $50,000.
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
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DIU3 Resolution N0.U
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locate in a edestrian-oriented downtown area, includin
medical), restaurants and specialty retail shops.
offices (general a d
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.
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.
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 provide for an encouraged use
within Subarea 1 of the Village Redevelopment Project Area. The uses
allowed in this area are the same as those allowed within the C-1, C-2 and R-
P zones, with retail shops 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
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DRB Resolution No. 241
Page 4
the project, and the extent and the degree of the exaction is in rough
proportionality to the impact caused by the project.
GENERAL AND PLANNINGENGINE~G CONDITIONS:
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The Design Review Board does hereby recommend approval of the Major
Redevelopment Permit, RP 95-02, for the retail video store project entitled
"Blockbuster Video" as shown on Exhibits "A" - "C" on file in the Housing
and Redevelopment Department, dated November 1, 1995 and incorporated
herein by this reference and 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 Redevelopment Permit Documents, as
necessary to make them internally consistent and conform to the Design
Review Board's recommended 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.
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 final decision making body.
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
any 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.
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DRB Resolution No.=
Page 5
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The Developer shall pay traffic impact fees based on a generation rate of 120
ADT/1000 square feet. The City Engineer may approve a lesser fee if the
developer submits a study which shows a lower generation rate. The study
must be conducted in a manner approved by the City Engineer.
Prior to building permit issuance, the owner of the subject property shall
execute an agreement holding the City harmless regarding drainage across the
adjacent property.
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 Madison Street and
replacement with sidewalk to match the existing sidewalk
improvements.
(b) Installation of a new driveway apron on Madison Street.
For the installation of these improvements, concurrent with building permit
issuance, the Developer shall obtain a City right-of-way permit.
Prior to the issuance of the Redevelopment 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 Housing and Redevelopment
Director, notifying all interested parties and successors in interest that the City
of Carlsbad’s Redevelopment Agency has issued a Redevelopment Permit by
Resolution No. 241 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 Housing and Redevelopment 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.
Approval of RP 95-02 is granted subject to the approval of CDP 95-02.
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
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DRB Resolution No. 241
Page 6
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.
STANDARD CODE REMINDERS:
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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.
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 herein.
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 contrast 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.
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DRB Resolution No. 241
Page 7
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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.
Prior to the preparation of sewer and water improvement plans, the
Developer’s Engineer must meet with the District Engineer for review,
comment and approval of the preliminary system layouts and usages (Le.,
GPM - EDU).
Prior to 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. The plans must include a site
plan which depicts the following:
(a)
(b)
(c)
Location of existing public water mains and fire hydrants.
Location of off-site fire hydrants within 200 feet of the project.
Depiction of emergency access routes, driveways and traffic
circulation for Fire Department approval.
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.
PASSED, APPROWD, AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 1st day of November, 1995 by
the following vote to wit:
AYES: Vice-Chairperson Welshons, Board Members: Compas,
Marquez & Savary.
NOES: Board Member Vessey.
ABSENT: None.
ABSTAIN: None.
a WELSHONS, VI(X-CHAIRPERSON
DESIGN REVIEW BOARD
EVAN E. BE-%
HOUSING AND REDEVELOPMENT DIRECTOR