HomeMy WebLinkAbout2006-06-26; Design Review Board; Resolution 3101 DESIGN REVIEW BOARD RESOLUTION NO. 310
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
COASTAL DEVELOPMENT PERMIT NUMBER CDP 05-42 FOR THE
4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF SIX (6) CONDOMINIUM UNITS AND 1,875 SQUARE
5 FEET OF RETAIL SPACE ON THE PROPERTY LOCATED AT 3044
STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD
6 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
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CASE NAME: STATE STREET MIXED USE
8 APN: 203-297-04
CASE NO.: CDP 05-42
WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified
i application with the Redevelopment Agency of the City of Carlsbad regarding property owned
12 by 3044 State Street LLC, "Owner", described as Assessor Parcel Numbers 203-297-04, and
13 more thoroughly described in Attachment A, ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Coastal
15 Development Permit as shown on Exhibits "A-P" dated June 26, 2006, on file in the Housing
16 and Redevelopment Department, "State Street Mixed Use RP 05-10/CDP 05-42/CT 05-02" as
provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 26th day of June 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Board considered all factors
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
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of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.26
B) That based on the evidence presented at the public hearing, the Board
1' RECOMMENDS APPROVAL of State Street Mixed Use CDP 05-42 based on
the following findings and subject to the following conditions:
1 Findings:
o
That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and
Design Manual, which serve as the Certified Local Coastal Program for the City of
4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that
the development does not obstruct views or otherwise damage the visual beauty
5 of the coastal zone, and no agricultural activities, sensitive resources, geological
instability exist on the site.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
7 of the Coastal Act in that the development will not alter physical or visual access to
the shore.
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3. The project is consistent with the provisions of the Coastal Resource Protection
" Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes
1 „ exist within the proposed construction area, all grading will conform to the City's
erosion control standards, and the site is not prone to landslides or susceptible
to accelerated erosion, floods, or liquefaction.
12 Conditions:
13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
15 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
17 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 Coastal Development Permit.
2Q 2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Coastal Development Permit documents, as
21 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.
22 Any proposed development different from this approval, shall require an amendment to
this approval.
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3. The Developer shall submit to the Housing and Redevelopment Department a
24 reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
4. This approval is granted subject to the approval of RP 05-10 and CT 05-02 and is
subject to all conditions contained in Design Review Board Resolutions No. 309 and
27 311 for those other approvals and incorporated by reference herein.
5. The applicant shall apply for and be issued building permits for this project within twenty-
four (24) months of approval or this coastal development permit will expire unless
extended per Section 21.81.160 of the Carlsbad Municipal Code.
DRBRESONO. 310 -2-
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6. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
7. All construction activities shall be planned so that grading will occur in units that can be
4 easily completed within the summer construction season. All grading operations shall
be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
5 planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
6 grading season deadline may be extended with the approval of the City Engineer
subject to implementation by October 1 of erosion control measures designed to prohibit
7 discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
8 sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development
9 permit.
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DRBRESONO. 310 -3-
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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 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 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 26th day of June, 2006, by the
following vote, to wit:
AYES:
NOES:
HEINEMAN, LAWSON AND SCHUMACHER
NONE
ABSENT: BAKER AND MARQUEZ
ABSTAIN: NONE
COURTNEY
DESIGN REVIEW BOARD
PERSON
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRBRESONO. 310 -4-