HomeMy WebLinkAbout2002-04-29; Design Review Board; Resolution 2831
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DESIGN REVIEW BOARD RESOLUTION NO. 283
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
VARIANCE FOR A FRONT YARD SETBACK WHICH EXCEEDS THE
MAXIMUM STANDARD RANGE, FOR THE DEMOLITION AND
RECONSTRUCTION OF AN EXISTING FAST FOOD RESTAURANT AND
VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD
VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: KFC/TACO BELL REBUILD
REDEVELOPMENT PERMIT NUMBER RP 00-17, INCLUDING A
DRIVE-THRU FACILITY ON PROPERTY LOCATED AT 745 CARLSBAD
APN: 203-351-18
CASE NO: RP 00-17
WHEREAS, A & S Engineering, “Applicant”, has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by Tricon Global
Restaurants, “Owner”, described as Parcel 1 of Parcel Map No. 3339, in the City of
Carlsbad, County of San Diego, State of California (“the Property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits “A-J” dated April 29, 2002, on file in the Housing and Redevelopment
Department, “KFCITaco Bell Rebuild RP 00-17”, as provided by Chapter 21.35.080 of the
Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 29’h day of April 2002, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Board considered all factors relating to
“KFCITaco Bell Rebuild RP 00-17”.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of KFC/Taco Bell Rebuild RP 00-17,
based on the following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Planning Director has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for preparation of
environmental documents pursuant to Section 15302 (Replacement or reconstruction of a
pre-existing structure on the same site) of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section 15300.2
of the state CEQA Guidelines do not apply to this project.
2. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein for a front yard setback variance, is in conformance with the
Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment Plan, and the
Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated April 29,2002 including, but not limited to the following:
a. The project is consistent with the Carlsbad General Plan in that it provides
for the reconstruction of a legally existing fast food restaurant use in an
appropriate location within the Village.
b. The project is consistent with Village Redevelopment Master Plan and
Design Manual in that it provides for the reconstruction of a legally existing
fast food restaurant use which is classified as a provisional use in Land Use
District 1. Reconstruction of the nonconforming drive-thru component of the
restaurant is consistent with the Village Redevelopment Master Plan in that
incidental reconstruction of nonconforming uses is permitted so long as the
project conforms to the current development standards and reconstruction
does not constitute expansion or intensification of the nonconforming use,
which in this case is the drive-thru. Since no additional drive-thru windows
or additional alternate circulation routes providing access to a second drive-
thru window are being provided, the proposed project does not constitute an
expansion or intensification of the non-conforming use.
c. The project as designed is consistent with the development standards for
Land Use District 1, the Village Design Guidelines and other applicable
regulations set forth in the Village Master Plan and Design Manual, with the
exception of the requested variance.
d. The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be 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
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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.
e. The proposed project will not have an adverse impact on any open space
within the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area
and the City’s Landscape Manual.
3. The Design Review Board finds as follows to allow for a variance for a front yard
setback that exceeds the standard range:
a. That 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, in
that the subject property fronts on Carlsbad Village Drive, which is a secondary
arterial. City Engineering standards permit access onto a secondary arterial
only when no other access to the property is available. Therefore, vehicular
access to the subject property is limited to Madison Street (on the west) and the
adjoining alley (on the east). The site design of the project is further dictated by
other Engineering standards for drive-thru queuing distance (i.e. stacking
distance on-site) and sight distance from intersections which requires the drive-
thru egress to be setback 35 feet from Carlsbad Village Drive in order to create
adequate visibility and reduce conflicts with vehicles turning right onto the alley.
Finally, the site design layout and location of the drive-thru on the subject
property is regulated by the Village Redevelopment Master Plan and Design
Manual, which requires vehicle-oriented uses to be subordinate to the building
so they are less visible from adjacent public streets. Staff reviewed several site
design layouts and the proposed site design is the only alternative that complies
with City Engineering standards and the Village Master Plan and Design
Manual. The proposed location of the drive-thru egress onto the alley further
dictates the layout of the remainder of the building, which results in the front of
the building being setback 26 feet from front property line.
b. That there are exceptional circumstances or conditions unique to the property or the
proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that the
unique condition associated with the subject property is its location adjacent to a
secondary arterial (Carlsbad Village Drive), which prevents vehicular access
when other options for access are available. Vehicular access to the subject
property is limited to Madison Street and the adjacent alley to the east. The site
is further constrained by City Engineering standards for queuing distance and
sight distance and the Village Design Manual which requires the drive-thru
facility to be designed in such a way as to have minimum visibility from the
public streets. These provisions set the parameters for the drive-thru egress onto
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C.
d.
e.
the alley in the proposed location. The location of the drive-thru egress further
dictates the location of the pick up window and its location in relation to the
front of the building.
That the granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area, in that the
increased setback above the maximum range along the front of the property will
not have a detrimental impact on neighboring properties, because the additional
setback is necessary to create adequate visibility and reduce conflicts with
vehicles turning right onto the alley.
That the granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that the standards established in the
Village Master Plan and Design Manual were intended to be somewhat flexible
in order to encourage diversity and variety of development and to take into
consideration the unique conditions associated with many of the properties in
the redevelopment area. In this case, vehicular ingress and egress of the subject
property is limited by both City Engineering standards and the Village
Redevelopment Design Manual. The increased setback along the front of the
property is the result of a design constraint associated with improving driver
visibility and reducing conflicts with vehicles turning right onto the subject
property. The granting of the variance will not contradict, but rather help to
achieve one of the design guidelines of the Village Redevelopment Area, which is
to reduce the visibility of vehicle-oriented uses such as drive-thru facilities.
An increased setback on the front of the property is justified because the project
is in a location where other buildings in the area have varying setbacks from
Carlsbad Village Drive which exceed the setback range and setting the structure
back to the desired standard supports a more preferred building layout that is
consistent with the Village Design Manual in that the drive-thru becomes less
visible from Carlsbad Village Drive.
GROWTH MANAGEMENT FINDINGS:
4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
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
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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 and the applicant is conditioned to execute a
Neighborhood Improvement Agreement (NIA) with the City for future
public improvements.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
NOLLAN/DOLAN FINDING:
5. 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 CONDITIONS:
Note:
1.
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3.
4.
Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
If any of the following 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/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
City’dAgency ’s approval of this Major Redevelopment Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Redevelopment Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
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5.
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unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's
approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision malung body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
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.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Landscape Conditions:
11. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City's Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
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project’s building, improvement, and grading plans.
The final landscape plan shall include a mow strip around all turf areas. 13.
Noticing Conditions:
14. Prior to the issuance of the building 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 has issued a Major Redevelopment
Permit by Resolution No. 283 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.
On-site Conditions:
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Outdoor storage of material shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and Housing
and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with
the approved plan.
The Developer shall submit and obtain Housing & Redevelopment Director approval of
an exterior lighting plan including parking areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 20 parking spaces, as shown on
Exhibit “A”.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
All signs proposed for this development shall be consistent with the sign plan
approved as part of this project as shown on Exhibit “J”. Any changes to the sign
plan shall require review and approval of the Housing and Redevelopment Director
prior to installation of such signs.
ENGINEERING CONDITIONS
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed redevelopment and coastal development permit, must be met prior to
approval of a building or grading permit whichever occurs first.
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General:
1. Prior to hauling dirt c cc struction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
2. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
3. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Fees/A greemen ts :
4. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subject property into the existing City of Carlsbad
Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
5. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the site plan are for planning purposes only. Developer shall pay traffic impact and sewer
impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal
Code, respectively.
Grading:
6. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
7. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project .
Coastal Conditions:
8. All grading activities shall be planned in units that can be completed by October lSf.
Grading activities shall be limited to the "dry season", April lSt to October 1" of each
year. Grading activities may be extended to November 15th upon written approval of the
City Engineer, obtained in advance, and only if all erosion control measures are in place
by October 1".
DedicationdImprovements:
9. Additional drainage easements may be required. Developer shall dedicate and provide or
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install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any gradmg or building permit.
10. The northwest corner return shall be dedicated by Owner along the project frontage
based on a property line radius of 25 feet in conformance with City of Carlsbad
Standards as shown on the site plan.
11. Prior to the issuance of a grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Management Plan
(SWMP)”. The SWMP shall comply with current requirements and provisions
established by the City. The SWMP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter
said pollutants.
3) Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee education
on the proper procedures for handling clean up and disposal of
pollutants.
4) Ensure long-term maintenance of all post construction BMPs in
perpetuity.
12. The applicant shall ensure that the shrubs shown within the vegetated swale on the
preliminary landscape plans are replaced with an appropriately selected species of
grass or other plant effective in the removal of pollutants. This revision shall be
reflected on the final landscape plans subject to City approval.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
- Fees:
1. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, this
approval will not be consistent with the General Plan and shall become void.
2. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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General:
3. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of final project approval.
4. 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.
5. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Engineering:
6.
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Developer shall exercise special care during the construction phase of this project to
prevent off-site siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of 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.”
You have 90 days from the date of final approval 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 feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
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zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions 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 29* day of April 2002 by the following
vote to wit:
AYES: Heineman, Lawson, Paulsen
NOES: Marquez, Baker
ABSENT: None
ABSTAIN: None
DESIGN REVlEMk&%RD
ATTEST:
-
AA>
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 283 -1 1-