HomeMy WebLinkAbout1998-12-14; Design Review Board; Resolution 2661
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DESIGN REVIEW BOARD RESOLUTION NO. 266
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
FOR CONSTRUCTION OF A 141 ROOM THREE STORY HOTEL ON
PROPERTY LOCATED ON THE EAST SIDE OF CARLSBAD
BOULEVARD BETWEEN CHRISTIANSEN WAY AND BEECH
STREET IN LAND USE DISTRICT 1 OF THE VILLAGE
REDEVELOPMENT AREA.
CASE NAME:
COASTAL DEVELOPMENT PERMIT NUMBER CDP98-48 TO ALLOW
CARLSBAD VILLAGES RESORT HOTEL
APN: 203-172-12, 21, 23
CASE NO: CDP 98-48
WHEREAS, Heritage West Development Corporation, “Developer”, has filed a
verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding
property owned by Carlsbad Boulevard Hotel Partnership, Reva C. Hooper, and Stella M. Stamp,
“Owners”, and known as Assessor Parcel Numbers 203-172-12, 203-172-21, 203-172-23 and more
thoroughly described in Attachment A, (“the property); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits A through K dated November 23, on file in the Housing
and Redevelopment Department, (Carlsbad Village Resort Hotel) (RP98-08/CDP98-48) as
provided by the Carlsbad Village Master Plan & Design Manual Chapter; and
WHEREAS, the regularly scheduled meeting of the Design Review Board of November
23, 1998, was canceled and was continued to a special meeting of the Design Review Board on
December 14, 1998; and
WHEREAS, the Design Review Board did on the 14” day of December, 1998, hold a duly
noticed special public hearing as prescribed by law to consider said request; and
WHEREAS, at said special public hearing on the 14” day of December and upon
considering all testimony and arguments, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Design Review Board
considered all factors relating to the Coastal Development Permit.
...
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P T
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 hereby RECOMMENDS APPROVAL of the Coastal
Development Permit (Carlsbad Village Resort Hotel) (CDP98-48), based on
the following findings and conditions:
FINDINGS:
1.
2.
3.
4.
That the proposed development is in conformance with the Carlsbad Village Master
Plan and Design Manual and Carlsbad Village Redevelopment Plan, which serves as
the Certified Local Coastal program for the City of Carlsbad Village Segment of the
California Coastal Zone and all applicable policies in that the development is
redevelopment of a previously unimproved lot, the development does not obstruct
views or otherwise damage the visual beauty of the coastal zone and no agricultural
activities, sensitive resources, geological instability exist on the site.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion, so steep slopes or
native vegetation is located on the subject property and the site is not located in an
area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
The proposal is in conformity with the public access and recreation policies of
Chapter 3 of the Coastal Act in that the improvements will not alter physical or
visual access to the shore.
The granting of the ten foot street vacation will have no adverse impact on vehicular
circulation within the area and the surplus right-of-way is not required for future
public street purposes. The project is approved with the understanding that the
required street vacation will be approved by the Carlsbad City Council prior to
approval of the redevelopment permit for the subject project.
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board has recommended approval of a Negative Declaration for
the subject project and has determined that the project will have no significant
environmental impact.
2. The Project qualifies as a Major Redevelopment Permit under Chapter 21.35 of the
Carlsbad Municipal Code because the project involves new construction of a
building, or addition to an existing building, with a building permit valuation which
exceeds $150,000.
DRB RES0 NO. 266
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3. The Project is located within the Coastal Zone. Therefore, a Coastal Development
Permit is required.
4. The Project has been determined to be consistent with the land use plan,
development standards, design guidelines and other applicable regulations set forth
with the Village Redevelopment Plan and Village Master Plan and Design
Guidelines, with approval of the following required findings to allow for a variance
for afront setback that exceeds the standard range:
DRB RES0 NO. 266
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The application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development
inconsistent with the general purpose and intent of the Carlsbad Village
Redevelopment Plan. The Carlsbad Village Master Plan & Design
Manual encourages uses, such as hotels, that promote goals and objectives of
the Master Plan. The project has been designed with an increased front yard set
back in several locations which improve both the function and physical
appearance of the structure. The increased set back allows for increased
landscaping along Carlsbad Boulevard, and for a drop-off point for hotel guests.
The implementation of the standard would result in an inferior design and
decreased functionality.
There are exceptional circumstances or conditions unique to the property or the
proposed developments which have the same standard, restrictions, controls. The
project site is constrained due to the sloping topography of the land. Due to this
constraint, the applicant has designed a project which provides increased
landscaping, a high quality building design, increased building functionality, and
is consistent with other buildings in the neighborhood. The applicant has made a
good faith effort to design the remainder of the building with appropriate
building setbacks. The proposed hotel provides setbacks which are similar to
buildings along Carlsbad Boulevard.
The granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area. The
setbacks above the maximum will not have a detrimental impact on neighboring
properties because other properties along Carlsbad Boulevard have setbacks
which exceed 10 feet. The applicant has designed the entire project in a manner
which is visually appealing and architecturally interesting. Therefore, the
increased setback in the front actually assists in the effort to create a more
visually appealing building within the front elevation
The granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual. The proposed project is consistent with
the Village Master Plan and Design Manual in varying degrees. The portions of
the project which exceed the standard range, do not create a situation which
contradicts the intent of the standards established in the subject document. The
project is well-designed and will meet the needs of the hotel guests community
which is consistent with the goals and objectives of the Village Master Plan and
Design Manual.
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e) The project is in a location where adjacent buildings are setback further than the
permitted standard (range), adjacent buildings are likely to remain, and setting
the structure back to the desired standard will maintain and reinforce the Village
character of the area. The subject property is in a location which has varying
setbacks. To the south, the residential property is setback in the front by
approximately 15 feet. To the west, buildings such as St. Michael’s Church and
the newly constructed Lutheran Retirement Home have setbacks in excess of 25
feet. It is expected that these buildings will remain for many more years. In
addition, these larger setbacks allow for a design of the building which allows
for more articulation in the building, which ultimately results in a building which
is more visually interesting and appealing.
5. The Project has been determined to be consistent with the land use plan,
development standards, design guidelines and other applicable regulations set forth
with the Village Redevelopment Plan and Village Master Plan and Design
Guidelines, with approval of the following required findings to allow for a
provisional land use:
a) The hotel has been designed to be compatible with the surrounding
neighborhood. The size and scale of the building is compatible with existing
commercial structures to the south and west. The project is adjacent to single
family and multi-family residences to the north and to the east. The single
family homes to the north pose the most significant compatibility issue. The
project has been designed to include a 6 foot masonry wall adjacent to the
existing residences to the north. While there is no minimum or maximum
setback requirement along the northern portion of the project, the developer has
provided a 10 foot setback from the property line adjacent to the residences.
Also, the landscape plan calls for tall growing trees that will aid in screening the
hotel. Finally, the existing single family land uses are legal non-conforming
uses. Thus, the homes will be allowed to remain as long as so desired by the
property owners. However, their can be no expansion of the uses. Over the
long term, it is anticipated that these uses will ultimately be replaced with
commercial/retail land uses consistent with the goals and objectives of the
Carlsbad Village Master Plan & Design Manual.
b) The proposed frontage is consistent with the surrounding commercial and non-
commercial uses.
c) The project has been designed so that there will be a minimum impact to
surrounding land uses from parking and loading. Parking will be located at the
rear of the property and below ground. The entrances to the parking areas have
been designed to provided landscaping and screen walls incorporated to lessen
the impact from parking. Also, the project has been conditioned to prohibit any
deliveries in the areas adjacent to the existing residences.
GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS:
1. The Design Review Board finds that the project, as conditioned herein is in conformance
with the Elements of the City’s General Plan, based on the following:
DRB RES0 NO. 266
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That the General Plan identifies the “Village” and references the Village Master
Plan and Design Manual as the appropriate land use plan for the area. The
project is consistent with the Carlsbad Village Area Redevelopment Plan and the
Village Master Plan and Design Manual, effective as of January 12, 1996,
because it will provide for a commercial use (hotel) which supports the existing
commercial uses within Land Use District 1 of the Village Redevelopment Area.
That the existing streets can accommodate the estimated ADTs and all required
public right-of-way has been dedicated and has been or will be improved to serve
the development. The pedestrian spaces and circulation have been designed in
relationship to the land use and available parking. Pedestrian circulation is
provided through pedestrian-oriented building design, landscaping, and
hardscape. Public facilities have been or will be constructed to serve the
proposed project.
The project has been conditioned to develop and implement a program of “best
management practices” for the elimination and reduction of pollutants which
enter into and/or are transported within storm drainage facilities.
The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is being developed on a vacant lot which has
appropriate zoning for a hotel facility. The project is also consistent with the
Open Space requirements for new development within the Village
Redevelopment Area.
The proposed project has been conditioned to comply with the Uniform Building
and Fire Codes adopted by the City to ensure that the project meets appropriate
fire protection and other safety standards.
2. 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
conditions of approval.
3. The project has been conditioned to pay any 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, which are applicable to the project. This will ensure continued
availability of public facilities.
DRB RES0 NO. 266
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4. This project has been conditioned to comply with any applicable requirement
approved as part of the Local Facilities Management Plan for Zone 1.
5. The project is conditioned to comply and remain consistent with the City’s
Landscape Manual, adopted by City Council Resolution No.90-384.
6. 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.
CONDITIONS:
1.
2.
3.
4.
5.
The Design Review Board does hereby RECOMMEND APPROVAL of the applicant’s
request CDP98-48, for the project entitled “Carlsbad Village Resort Hotel” (Exhibits A-K),
incorporated herein by reference, date November 23, 1998), subject to the conditions herein set
forth. Staff is authorized and directed to make, or require Developer to make, all necessary
corrections and modifications to the major Coastal Development Permit exhibits and/or other
documents to make them internally consistent and in conformity with final action on the project.
Developer shall develop the property substantially as shown on the approved Exhibits for the
project.
Approval of CDP 98-48 is subject to approval of RP 98-08. CDP 98-48 is subject to all
conditions contained in Housing and Redevelopment Commission Resolution No. 265 dated,
November 23, 1998, for RP 98-08, for construction of a 141 room hotel.
Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the document(s) necessary to make them internally consistent and in conformity
with final action on the project. Development shall occur substantially as shown in the approved
Exhibits. Any proposed development different from this approval, shall require an amendment
to this approval.
The applicant shall apply for and be issued building permits for this project within two (2)
years of approval or this coastal development permit will expire unless extended per Section
21.201.210 of the Zoning Ordinance.
Prior to the issuance of building permits, the applicant shall apply for and obtain a grading
permit issued by the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“ fees/exactions. ”
DRB RES0 NO. 266
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You have 90 days from November 23, 1998 to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure
will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning,
grading or other similar application processing or service fees in connection with this project; NOR
DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar
to this, or as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review Board
of the City of Carlsbad, California, held on the 14* day of December, 1998, by the following vote
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Compas, Board Members: Marquez, Savary, Marois &
Forsyth, Jr .
None.
None.
None.
v BILL COMPAS, CHAIR&ERSON
DESIGN REVIEW BOARD
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 266
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