HomeMy WebLinkAbout2002-12-16; Design Review Board; Resolution 2901
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DESIGN REVIEW BOARD RESOLUTION NO. 290
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
CONSTRUCTION OF A 2,260 SQUARE FOOT ADDITION TO AN EXISTING
1,565 SQUARE FOOT VETERINARY HOSPITAL ON PROPERTY LOCATED
AT 2739 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD
VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME:
REDEVELOPMENT PERMIT NUMBER RP 02-26, FOR THE
CARLSBAD A”., HOSPITAL ADDITION
APN: 203-054-24
CASE NO: RP 02-26
WHEREAS, Shanna McGriff, “Applicant”, has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by Lauren Myers,
“Owner”, described as Lot 2 of Seaside Lands, in the City of Carlsbad, County of San Diego,
State of California according to map thereof No. 1722, filed in the office of the County
Recorder of San Diego County, July 28,1921 (“the Property”); and
c WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits “A-F” dated December 16,2002, on file in the Housing and Redevelopment
Department, “Carlsbad Animal Hospital Addition RPO2-26”, as provided by Chapter
21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 16* day of December 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
“Carlsbad Animal Hospital Addition RPO2-26”.
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 Carlsbad Animal Hospital Addition
RPO2-26, 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 15301 (e) 2, Class 1 of the State CEQA
Guidelines as an expansion of no more than 10,000 square feet to an existing building in
an area; 1) where all public services and facilities are available to allow for maximum
development permissible in the General Plan, and 2) the site is not located in an
environmentally sensitive area. 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 December 16,2002 including, but not limited to the following:
a. The project is consistent with the Carlsbad General Plan because it provides for
a commercial office use in an appropriate location within the Village. The
project improves an existing resident-serving use and serves to retain the Village
character and pedestrian scale through adherence to the development standards
and design guidelines set forth for the area, with the exception of the variance
for the front yard setback.
b. 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 the area through the following actions: 1) the project serves to retain and
increase a use currently serving Carlsbad residents; 2) the project serves to
improve pedestrian and vehicular circulation in the Village Area by removing
vehicular egress onto State Street and incorporating a one-way drive aisle with
vehicular egress onto the rear alley, thus reducing vehicular/pedestrian conflicts
on State Street; 3) the project will serve to stimulate property improvements and
new development in the area through the substantial rehabilitation of an existing
building in the Village; and 4) the project serves to improve the physical
appearance of the Village in that the project design improves the physical
appearance of the existing building and incorporates many of the design
elements encouraged for the Village.
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
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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 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
1 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 strict adherence to the front setback requirement of 0-10 feet would require
the complete demolition of the existing structure and its replacement with a new
structure closer to the street. This action would result in a substantial financial
hardship to the existing businedproperty owner. The proposed project would
permit the entire existing structure to remain relatively unchanged while
incorporating a significant addition of square footage and improved building
design modifications.
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 the location of the
existing building on the property and the need for the existing structure to
remain for the economic viability of the project. Furthermore, the addition had
to be configured in such a way and maintain a maximum square footage to
provide for required on-site parking.
c. 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 proposed
addition will reduce the level of nonconformity on the front of the building by
moving the front of the building 5’-7” closer to the street than currently exists on
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the property. Moreover, the project will meet all other development standards
(i.e. all other building setbacks, on-site parking, lot coverage, open space, and
building height) and assist the area by improving the appearance of an out-dated
building design.
d. 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. The granting of the variance will not contradict any
other development and design standards established in the Village Master Plan
and Design Manual and will assist in providing for the substantial rehabilitation
of the existing property.
e. 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
State Street and setting the structure back to the desired standard will not
contradict any other development and design standards established in the
Village Master Plan and Design Manual and will maintain and reinforce the
Village character of the area by providing for the substantial rehabilitation of an
existing out-dated building.
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.
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NOLLANDOLAN 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:
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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’ 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
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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.
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.
Landscaae 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. 290 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
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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 not occur
When so required, the Developer shall submj
Housing and Redevelopment Director of
comply with the approved plan.
onsite unless required by the Fire Chief.
and obtain approval of the Fire Chief and
an Outdoor Storage Plan, and thereafter
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.
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 Exhibits “A and E”. Any changes to
the sign plan shall require review and approval of the Housing and Redevelopment
Director prior to installation of such signs.
The trash enclosure shall be redesigned to open to the alley and repositioned further
southeast, next to the last parking space, to the satisfaction of the Housing and
Redevelopment Director.
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.
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FeedAgreements :
3. 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.
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 subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Dedications/Improvements:
5. The Developer shall comply with the Storm Water Management Plan for Carlsbad
Animal Hospital Addition, dated October 1,2002, on file with the City.
6. Prior to the issuance of building permits, the property owner shall enter into an
Encroachment Agreement with the City to install within the State Street and alley
public right-of-way the proposed trees shown on the site plan. As an alternative for
the State Street public right-of-way, the applicant may process a street vacation
through the City to relinquish 10 feet of public right-of-way fronting the subject
property to the property owner.
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 #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
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.
3. 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.
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General:
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This approval shall become null and void if building permits are not issued for this
project within 18 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 Building Code.
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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/exa~tions.’~
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,
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 16* day of December, 2002 by the
following vote to wit:
AYES: Marquez, Heineman, Paulsen, Baker
NOES: None
ABSENT: Lawson
ABSTAIN: None
DESIGN REVIEW%&RD
ATTEST:
D
DEBBIE FOUN~AIN
HOUSING AND REDEVELOPMENT DIRECTOR
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