HomeMy WebLinkAbout2005-04-18; Design Review Board; Resolution 2981
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. 298
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 04-12, INCLUDING
PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A
MAXIMUM OF TWO PARKING SPACES, FOR THE CONSTRUCTION OF A
3,093 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY
LOCATED AT 2753 JEFFERSON STREET IN LAND USE DISTRICT 7 OF
THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TUSCANY OFFICE SUITES
APN: 203-1 10-14
CASE NO: RP 04-12
~ ~~~~~~
WHEREAS, Bart M. Smith, “Applicant”, has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by Bill Daly,
“Owner”, described as Assessor Parcel Number 203-1 10-14, and more thoroughly described in
Attachment A, (“the Property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits “A-H” dated April 18, 2005, on file in the Housing and Redevelopment
Department, “Tuscany Omce Suites RP 04-12”, as provided by Chapter 21.35.080 of the
Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 18th day of April 2005, 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
“Tuscany Office Suites RP 04-12?’.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
I
c
L
-
4
4 -
6
'i
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Tuscany Office Suites RP 04-12,
based on the following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1.
2.
The Housing & Redevelopment 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-fd1 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 making
this determination, the Housing & Redevelopment 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 April 18,2005 including, but not
limited to the following:
a.
b.
C.
d.
The proposed project is consistent with the goals and objectives for the Village,
as outlined within the General Plan, because it provides for a commercial office
project in an appropriate location within the Village. The project provides
greater employment opportunities, enhances the pedestrian orientation of the
area, and retains the Village character and pedestian scale through adherence
to the land use regulations and design guidelines set forth for the area.
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 7 through the following actions: 1)
the project provides permitted professional office use in a new structure; 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; and 3) the project consists of an individual building set back from the
street and surrounded by landscaping.
The project as designed is consistent with the development standards for Land
Use District 7, 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,
DRB RES0 NO. 298 -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
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 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. AII 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.
4. 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.
5. The Design Review Board finds that the DeveloperDroperty 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 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 provides greater employment opportunities, enhances the pedestrian
orientation of the area, and retains the Village character and pedestrian scale
DRB RES0 NO. 298 -3-
I
n L
7 -
4
< -
c
5
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
b.
C.
d.
through adherence to the land use regulations 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 7 through the following actions: 1) the project provides
permitted professional office space in a new structure; 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; and 3) the
project consists of an individual building set back from the street and
surrounded by an abundance of landscaping.
Adequate parking is available within the Village to accommodate the project’s
parking demands. Based on the most recent parking study dated February 11,
2005, the average occupancy for all public parking lots is 80%. This utilization
ratio allows for continued implementation of the parking in-lieu fee program
because it 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.
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 over time, if any 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 of all fbture
building permits; deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted; record a notice of violation on the
property title; 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.
2. 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 OCCUT substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. 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.
DRB RES0 NO. 298 -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
4.
5.
6.
7.
8.
9.
10.
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 Cstrlsbsd 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
DIU3 RES0 NO. 298 -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
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. 298 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.
15.
16.
17.
18.
19.
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.
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 8 parking spaces, as shown on
Exhibit “E ”.
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.
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
two (2) 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 (2 spaces total).
Solid masonry walls shall be installed along all common lot lines that adjoin an
DRB RES0 NO. 298 -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
existing residential use.
ENGINEERING CONDITIONS
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed redevelopment, 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 occupancy, Developer shall instail rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
Fees/Aareements:
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 property into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Gradinp:
5. Based upon a review of the proposed grading 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.
Dedicationsfim wovements:
6. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
DRB RES0 NO. 298 -7-
1
c L
7 -
4
4 -
c
7
a
9
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7.
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffk index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
Special Conditions:
8. 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.
Carlsbad Municipal Water District:
9. The final approved site plan shall be revised to show the fire service pipe to be 6
inches in diameter. In addition, the double detector check valve shall be located on
private property as required per City Standard W-22.
10. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
1 1.
DRB RES0 NO. 298 -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
12.
13.
14.
15.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
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.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
2.
General:
3. 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.
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.
EngineerinP:
6. Developer shall exercise special care during the construction phase of this project to
DRB RES0 NO. 298 -9-
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
prevent offsite 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.
..I
...
...
DIU3 RES0 NO. 298 -10-
1
n L
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
Please take NOTICE that approval of
NOTICE
‘our project includes the “im osition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“feedexactions.”
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 apptication processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting .of the Design Review
Board of the City of Carlsbad, California, held on the 18* day of April 2005 by the following
vote to wit:
AYES:
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
HEINEMAN, BAWR, LAWSON AND MARQUEZ
DESIGN REVIEW BOARD
ATTEST:
(’ -\
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 298 -1 1-