HomeMy WebLinkAbout2004-05-24; Design Review Board; Resolution 2921
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DESIGN REVIEW BOARD RESOLUTION NO. 292
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING MINOR REDEVELOPMENT
YARD SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD
RANGE, A VARIANCE FOR THE SOUTH SIDE YARD SETBACK WHICH
EXCEEDS THE MAXIMUM STANDARD RANGE, FOR THE
CONSTRUCTION OF 753 SQUARE FOOT GARAGE AND A 596 SQUARE
FOOT SECOND STORY RESIDENTIAL UNIT ON PROPERTY LOCATED
AT 3071 JEFFERSON STREET IN LAND USE DISTRICT 2 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
PERMIT NUMBER RP 04-02, INCLUDING A VARIANCE FOR A REAR
PRIETO MIXED USE PROJECT
APN: 203-351-1 1
CASE NO: RP 04-02
WHEREAS, John Prieto, “Applicant”, has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by John Prieto,
“Owner”, described as Assessor Parcel Number 203-351-1 1 , and more thoroughly described in
Attachment A, (“the Property”); and
WHEREAS, said application constitutes a request for a Minor Redevelopment Permit, as
shown on Exhibits “A-H” dated February 24,2004, on file in the Housing and Redevelopment
Department, “Prieto Mixed Use Project RP 04-02”, as provided by Chapter 21.35.080 of the
Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 24’h day of May 2004, 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 Prieto Mixed Use Project RP 04-02”.
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 APPROVES the Prieto Mixed Use Project RP 04-02, 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 15303 of the State CEQA Guidelines for the
construction and location of limited numbers of new, small facilities or structures. 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 rear yard setback variance and a south side 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 May 24,2004
including, but not limited to the following:
a. The proposed project is consistent with the goals and objectives for the Village,
as outlined within the General Plan, in that the proposed project it provides for
a mixed use project in an appropriate location within the Village. The project
enhances the pedestrian orientation of the area and retains the Village character
and pedestrian scale through adherence to the land use regulations and design
guidelines set forth for the area.
b. The project is consistent with Village Redevelopment Master Plan and Design
Manual in that the proposed commercial project assists in satisfying the goals
and objectives set forth for Land Use District 2 through the following actions: 1)
the project provides permitted mixed use development; a portion of which will
be located in a new structure; and 2) the building is designed in a manner that
compliments nearby residential uses by incorporating many of a same
architectural elements found in residential projects.
c. The project as designed is consistent with the development standards for Land
Use District 2, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual, with the exception of the
requested variances.
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
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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 rear 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 by providing a substantial setback on the rear of the building the required
parking can be provided on-site and be accessed from the alley. This design
feature is employed by the majority of surrounding properties. The increased
setback is a preferable site design strategy set forth in the Carlsbad Village
Redevelopment Master Plan and Design Manual. The setback to exceed the
range is necessary to accommodate the desired development and meet the
required standards for on-site parking. In the alternative, to meet the existing
setbacks, the existing structures would need to be removed. The removal of fully
functioning structures would result in practical difficulties and unnecessary
hardships which would make development inconsistent with the general purpose
and intent of the Carlsbad Village Area Redevelopment Plan.
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
project is unique by the fact that the existing property has been developed at a
density that substantially less than the adjacent properties. By allowing the
proposed additional structures, the subject property would more closely match
the density of the surrounding properties. Further, the site contains two fully
functioning buildings and existing mature landscaping. The proposed project
allows for an intensification of the site while retaining the existing functioning
structures and mature
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 on the rear of the property will not have a detrimental impact
on neighboring properties, because it allows desired alley access to the required
on-site parking as is found on adjacent properties and preserves on-street
parking for adjacent properties.
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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 design of the building maximizes on-site parking
opportunities by providing parking on site and in back of the proposed building,
both of which are consistent with the Village Master Plan and Design Manual’s
goal of making parking visually subordinate in the downtown area.
4. The Design Review Board finds as follows to allow for a variance for a side 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 by providing an increased south side yard setback will protect the livability
of the existing adjacent residential development by creating a increased buffer
between the proposed mixed use project and existing residences. The increased
side setback also allows for the retention of the existing handicapped accessible
pathway which leads from the rear of the property to the existing office. In the
alternative, to meet the existing setbacks, the existing structures would need to
be removed. The removal of fully functioning structures would result in
practical difficulties and unnecessary hardships which would make development
inconsistent with the general purpose and intent of the Carlsbad Village Area
Redevelopment.
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
existing property has been developed at a density that substantially less than the
adjacent properties. By allowing the proposed additional structures, the subject
property would more closely match the density of the surrounding properties.
Further, the site contains to fully functioning buildings and existing mature
landscaping. The proposed project allows for an intensification of the site will
retaining the existing functioning structures and mature.
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 on the south side of the property serves to protect the livability
of existing nearby residential development by creating a buffer between the
existing units and the proposed mixed use development ...
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
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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 increased setback on the south side of the property
serves to protect the livability of existing nearby residential development by
creating a buffer between the existing units and the proposed mixed use
development.
GROWTH MANAGEMENT FINDINGS:
6. 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.
NOLLAN/DOLAN FINDING:
7. 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
implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modi@ all approvals herein granted; deny or further condition issuance
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2.
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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 Minor Redevelopment Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Minor 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. Architectural
features shall include various sized multi-paned windows with decorative trim and
complimentary colored mullions as discussed in the May 24,2004 staff report to the
Design Review Board and as shown on Exhibit D, dated May 24,2004. 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 indemnifl, 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 Minor 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 Minor 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.
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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.
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.
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.
LandscaDe Conditions:
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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.
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.
NotAnp 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 Minor Redevelopment
Permit by Resolution No. 292 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
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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 6 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.
At issuance of building permits, or prior to the approval of a final map andor issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing (in-
lieulimpact) fee as an individual fee on a per market rate dwelling unit basis in the
amount in effect at the time, as established by City Council Resolution from time to time.
ENGINEERING CONDITIONS
NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed tentative map, must be met prior to approval of a final map,
building or grading permit whichever occurs first.
General
1. Prior to hauling dirt or construction materials to or fiom 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 a building permit, the developer shall complete processing of a
lot line adjustment to consolidate Lot 27 and 28 into one lot.
DedicationsLmprovemen ts
4. Developer shall comply with the City’s Standard Urban Storm Water Mitigation Plan
(SUSMP). As currently designed, the project must, at a minimum, incorporate “Standard
Permanent Storm Water BMP Requirements” per Section 111.2.A and B of the SUSMP. All
BMP’s shall be installed prior to occupancy unless the City Engineer determines that
earlier installation of certain BMP’s is necessary.
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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/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 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 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 24‘h day of May 2004 by the following
vote to wit:
AYES: Baker, Lawson, Marquez, Heineman, and Paulsen
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: n
SIGN REVIEW
\ \.
HOUSING AND REDEVELOPMENT DIRECTOR
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