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HomeMy WebLinkAbout2002-09-23; Design Review Board; Resolution 2891 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. 289 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 01-04, INCLUDING A REQUEST FOR PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM, FOR THE CONSTRUCTION OF A TWO-STORY COMMERCIAL (OFFICEYRETAIL) BUILDING ON PROPERTY LOCATED AT 2917 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACJLITIES MANAGEMENT ZONE 1. CASE NAME: APN: 203-293- 10 CASE NO: RP 01-04 2917 STATE STREET COMMERCIAL BUILDING WHEREAS, Leor Lakritz, “Applicant”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Carlsbad Village Drive Partnership, “Owner”, described as Lot 14 and a portion of Lot 13 in Block I of Carlsbad, in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 535, filed in the office of the County Recorder of San Diego County, May 2,1888 (“the Property”); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as shown on Exhibits “A-D” dated September 23,2002, on file in the Housing and Redevelopment Department, “2917 State Street Commercial Building RP 01-04”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 23‘d day of September 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 “2917 State Street Commercial Building RP 01-04”. ... 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 2917 State Street Commercial Building RP 01-04, based on the following findmgs and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. 2. 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 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. In malung 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. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein to grant participation in the Parking In-Lieu Fee Program, 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 September 23,2002 including, but not limited to the following: a. b. C. The project is consistent with the Carlsbad General Plan because it provides for a commercial (retaiYoffice) use in an appropriate location within the Village. The project provides greater shopping and employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the development standards and design guidelines set forth for the area. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project reinforces the pedestrian shopping environment by providing additional ground floor retail space; 2) the project provides mutually supportive uses and the office space on the second floor creates more employment opportunities in the Village and adds to the customer base for retail, restaurants, and commercial services in the area; and 3) the project serves to enhance State Street as a major focus of pedestrian activity in the Village. The project as designed is consistent with the development standards for Land DRB RES0 NO. 289 -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 d. e. Use District 1, the Village Design Guidelines, and other applicable regulations set forth in the Village Master Plan and Design Manual. 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 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 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 that the DeveloperProperty owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual in that 1) the proposed project is highly compatible with the surrounding area and contributes to establishing the Village as a quality shopping, working, and living environment by providing additional retail and office space to meet the needs of residents and visitors alike; 2) the proposed project has a strong street presence and promotes greater pedestrian activity by providing more ground floor retail space in an area of high retail activity and the absence of on-site parking improves pedestrian and vehicular circulation in the area by eliminating the need for additional curb cuts; 3) the proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Village Center (District l), by providing for an appropriate intensity of development that is compatible with surrounding area; and 4) the project design optimizes use of the property while retaining the village atmosphere and pedestrian scale. b. The proposed use is consistent with the land use district in which the property is located in that ground floor retail is a permitted use in Land Use District 1 and strongly encouraged in the Village Master Plan as a means of promoting retail continuity. Business and professional office uses are classified as a provisional use in District 1 and all required findings to permit this use on the second floor can be made. DRB RES0 NO. 289 -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 C. d. Adequate parking is available within the Village to accommodate the project’s parking demands in that the last utilization counts of the Village public parking lots, conducted in February of 2002, indicate a 76% average utilization rate, which is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. 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 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. 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. NOLLANLIOLAN 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: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 1. 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 DRB RES0 NO. 289 -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 2. 3. 4. 5. 6. 7. 8. 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’s/Agency’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 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 making 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. DRB RES0 NO. 289 -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 9. 10. 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 buildmg permits. Building permits will not be issued for this project unless the local agency providmg 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 project’s building, improvement, and grading plans. Noticing Conditions: 13. 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. 289 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: 14. Outdoor storage of material shall not 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. 15. 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. DRB RES0 NO. 289 -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 16. 17. 18. All roof appurtenances, includmg 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 Exhibits “A-C”. Any changes to the sign plan shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. Prior to issuance of the building permit, the Developer shall enter into a Parking In- Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for twenty-one (21) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement (21 spaces total). ENGINEERING CONDITIONS Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed redevelopment permit, must be met prior to approval of a building or grading permit whichever occurs first. General: 1. Prior to hauling dirt or construction 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. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 4. The property owner and developer shall comply with recommended best management practices and any other provisions of the “Storm Water Pollution Prevention Plan for New Commercial Building 2917 State Street, Carlsbad”, dated April 24,2002 and revised July 23,2002, on file with the City. Fees/Aereements: 5. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. ... DFU3 RES0 NO. 289 -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 STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, includin the following code requirements. Fees: but not limited t 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 #1 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 taxeslfees 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. General: 3. 4. 5. ... ... ... ... ... ... ... ... ... 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. 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 Buildmg Code. DRB RES0 NO. 289 -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 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 fees/exactions. 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, 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 regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 23rd day of September, 2002 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: r &--- SARAH MARQUE DESIGN REVIEW ATTEST: HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 289 -9-