HomeMy WebLinkAbout2008-11-05; Design Review Board; Resolution 3341 DESIGN REVIEW BOARD RESOLUTION NO. 334
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 05-04 FOR FUTURE
4 REDEVELOPMENT OF THE ARMY/NAVY ACADEMY ON PROPERTY
GENERALLY LOCATED ON THE EAST AND WEST SIDE OF CARLSBAD
BOULEVARD BETWEEN MOUNTAIN VIEW DRIVE AND BEECH
6 AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT
7 ZONE1.
CASE NAME: ARMY/NAVY ACADEMY MASTER SITE PLAN
8 APN: 203-14-206,203-05-103,203-05-201,203-05-202,203-05-
9 301,203-04-102
CASE NO: RP 05-04
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WHEREAS, Army/Navy Academy, "Applicant", has filed a verified application with
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the Redevelopment Agency of the City of Carlsbad regarding property owned by the
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Army/Navy Academy, "Owner", described as Assessor Parcel Numbers 203-14-206, 203-05-14
15 103, 203-05-201, 203-05-202, 203-05-301, 203-04-102 and more thoroughly described in
16 Attachment A, ("the Property"); and
17 WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
18 shown on Exhibits "A"-"H" dated November 5, 2008, on file in the Housing and
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Redevelopment Department, "Army/Navy Academy Master Site Plan RP 05-04/CUP 94-
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02X1A", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
22 WHEREAS, the Design Review Board did on the 5th day of November, 2008, hold a
23 duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony and
25 arguments, if any, of persons desiring to be heard, said Board considered all factors related to
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"Army/Navy Academy Master Site Plan."
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
2 follows:
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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 Army/Navy Academy Master Site
6 Plan RP 05-04, based on the following findings and subject to the following
conditions:
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GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;8
9 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,
10 and it is therefore recommending approval of the Negative Declaration for the project.
2. The Design Review Board finds that the project, as conditioned herein and the
j2 establishment of the RH density designation for the project, is in conformance with the
Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the
13 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated November 5,2008 including, but not limited to the following:
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. - a. The proposed project is consistent with the goals and objectives for the Village,
as outlined within the General Plan, because it provides for a civic and cultural
16 use in an accepted location within the Village. This in turn serves to enhance
and maintain the Army/Navy Academy as it is the only military boarding school
17 in California. The project reinforces the pedestrian-orientation desired for the
downtown area because the school's proximity to the Village provides the
students and its employees an opportunity to walk to shopping, recreation, and
19 mass transit functions. With the project being close to existing bus routes and
mass transit, it will help to further the goal of providing new economic
20 development near transportation corridors. Furthermore, the Army/Navy
Academy assists in encouraging complementary uses in the Village and adding
21 diversity to the Village population that helps create and/or enhance a lively and
22 interesting social environment.
23 b. The project is consistent with the Village Redevelopment Master Plan and
Design manual in that the proposed project assists in satisfying goals and
24 objectives set forth for Land Use District 9 through the following actions: it
stimulates property improvements and new development in the Village by
providing for new development or rehabilitation of existing facilities; and it
26 improves the physical appearance of the Village Area by replacing outdated
buildings with aesthetically pleasing buildings that will be using a Spanish
27 Colonial Revival architectural style along with attractive landscaping. Future
construction at the Army/Navy Academy will incorporate appropriate site28
DRB RESO NO. 334 -2-
planning, architectural design and materials that comply with City standards
2 and requirements.
3 c. The project as designed is consistent with the development standards for Land
Use District 9, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual.
d. The existing streets can accommodate the estimated ADTs and all required
5 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
7 been designed in relationship to the land use and available parking. Public
facilities will be constructed to serve the proposed project as required with
future construction. 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
10 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
13 the City's Landscape Manual.
14 f. Future construction associated with the proposed project will be conditioned to
comply with the Uniform Building and Fire Codes adopted by the City to ensure
that the project meets appropriate fire protection and other safety standards.
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g. The proposed project is consistent with the Housing Element of the General
17 Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
Agency's Inclusionary Housing Requirement, as the Army/Navy Academy will
be subject to all inclusionary housing requirements at the time permits are
, Q applied for residential units.
20 h. The proposed project meets all of the minimum development standards set forth
in Chapter 21.45.080, and has been designed hi accordance with the concepts
21 contained in the Village Master Plan and Design Guidelines Manual, in that the
overall plan for the project is comprehensive and incorporates many of the
architectural features of surrounding developments. The buildings,
23 landscaping, and on-site amenities all conform to the Village Redevelopment
Master Plan and Design Manual which serves as the adopted land use plan for
24 the area. The overall plan for the project provides for adequate usable open
space, circulation, off-street parking, recreational facilities and other pertinent
amenities. The parking is provided through surface level parking lots which are
located in carious locations of the school campus. The project is compatible with
surrounding land uses and will not negatively impact circulation patterns in the
27 area. The overall architecture is compatible with the surrounding area and
consistent with the Village character as set forth in the Village Master Plan and
28 Design Manual.
DRB RESO NO. 334 -3-
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2 3. The Design Review Board hereby finds that the appropriate residential density for the project
is RH (15-23 dwelling units per acre), which has a Growth Management Control Point
3 (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density
designation is as follows:
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~ a. The density is compatible with the surrounding area, which contains a variety of
uses including multi-family residential, single-family residential, commercial and
6 hotel. Application of the RH General Plan designation on the subject property
would allow for future high density residential mixed-use development, which is
7 permitted in District 9, and would be compatible with the mixture of
surrounding uses.
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9 b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality, diversity,
10 and affordability of housing units within this area of the Village. The high
density designation allows for future development that would be consistent the
1 goals and objectives of the Redevelopment Master Plan.
12 c. The RH General Plan density designation serves to satisfy the objectives of Land
13 Use District 9 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation (Bus & Village Coaster Station).
14 High residential densities in close proximity to mixed-use areas with easy access
to mass transportation promote greater job/housing balance and help solve
regional issues such as reduced traffic congestion and improved air quality.
16 4. All necessary public facilities required by the Growth Management Ordinance will be
17 constructed or are guaranteed to be constructed concurrently with the need for them created
by this project and in compliance with adopted City standards, in that all required public
1° facilities necessary to accommodate the proposed development have been provided or
I n are required as conditions of project approval.
20 5. 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.
21 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;
23 government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
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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
26 is available, and building cannot occur within the project unless sewer service
remains available and the District Engineer is satisfied that the requirements of
27 the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
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b. All necessary public improvements have been provided or will be required as
2 conditions of individual project approvals.
c. The project has been conditioned to provide proof from the Carlsbad Unified
3 School District that the project has satisfied its obligation to provide fees for
school facilities.
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<- d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
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e. The Public Facility fee is required to be paid by Council Policy No. 17 and will
7 be collected prior to the issuance of building permit.
o 6. The project is consistent with the City's Landscape Manual.
9 7. The Design Review Board has reviewed each of the exactions imposed on the Developer
10 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
1 of the exaction is in rough proportionality to the impact caused by the project.
12 GENERAL CONDITIONS:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
14 building permits.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
16 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
17 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
19 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
20 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
21 Permit.
22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
23 and modifications to the Major Redevelopment Permit Master Site Plan documents, as
necessary to make them internally consistent and in conformity with the final action on
24 the project.
25 3. The Developer shall comply with all applicable provisions of federal, state, and local laws
26 and regulations in effect at the time of building permit issuance.
27 4. 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
2% challenged, this approval shall be suspended as provided in Government Code Section
DRB RESO NO. 334 -5-
66020. If any such condition is determined to be invalid this approval shall be invalid
2 unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
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5. 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
c members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
6 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
7 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
9 liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
10 concluded and continues even if the Agency's approval is not validated.
6. 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.
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7. The Developer shall include, as part of the plans submitted for any future permit plan
check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline
1, drawing format.
16 8. 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
17 provide fees for school facilities.
18 9. This project shall comply with all conditions and mitigation measures which are required
19 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of any future building permits.
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10. Approval is granted for Major Redevelopment Permit RP 05-04 as shown on Exhibits
21 "A"-"H", dated November 5, 2008, on file in the Housing and Redevelopment
22 Department and incorporated herein by reference.
11. This approval is granted subject to the approval of the Negative Declaration of the
23 project and is subject to all conditions
12. This approval is granted subject to the approval of the Negative Declaration and
»<- adoption of Conditional Use Permit No. CUP 94-02X1A and is subject to all conditions
contained in Planning Commission Resolutions No. 6493 and 6495 for these other
26 approvals and incorporated by reference herein.
27 13. Building permits will not be issued for future development 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
DRB RESO NO. 334 -6-
at the time of the application for the building permit, and that water and sewer capacity
2 and facilities will continue to be available until the time of occupancy.
3 14. Approval of this Master Site Plan is a guiding land use document and does not grant any
permits for construction of any specific buildings or facilities on campus. The
construction and development of buildings on campus will require approval of a
<. Redevelopment Permit and any other associates permits at a later date.
6 15. All future development shall comply with the requirements of the District 9 development
standards as described in the Carlsbad Village Master Plan and Design Manual and Title
7 21 of the Carlsbad Municipal Code.
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16. Development of buildings and facilities shall occur consistent with the Buildout Parking
Requirements and phasing of the Master Site Plan.
10 17. Total enrollment of the Army/Navy Academy shall not exceed 440 students at build out.
18. Total number of employees shall not exceed 116 at build out.
12 19. The architecture of future buildings and facilities shall comply with the design guidelines
13 outlined within the Carlsbad Village Master Plan and Design Manual.
14 MISCELLANEOUS CONDITIONS:
20. 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
17 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
° taxes/fees shall be paid at issuance of building permit for each approved individual
development. If the taxes/fees are not paid, this approval of the Master Site Plan and
future developments will not be consistent with the General Plan and shall become void.
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21. All future buildings shall have roof appurtenances, including air conditioners, that are
21 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/or Housing and
23 Redevelopment.
24 NOTICING CONDITIONS:
25 22. Prior to the issuance of the first building permit following approval of the subjected
Master Site Plan, 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
27 Redevelopment Director, notifying all interested parties and successors in interest that
the City of Carlsbad has issued a Major Redevelopment Permit by Design Review
Board Resolution No. 334 on the real property owned by the Developer. Said Notice of
DRBRESONO. 334 -7-
Restriction shall note the property description, location of the file containing complete
2 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
3 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.
5 ON-S1TE CONDITIONS:
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23. With future development, the developer shall construct trash receptacle and recycling
7 areas with gates pursuant to the City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Housing &
Redevelopment Director. Enclosure shall be of similar colors and/or materials of the
9 project and subject to the satisfaction of the Housing & Redevelopment Director.
10 24. No outdoor storage of material shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply
12 with the approved plan.
13 25. The developer shall submit and obtain Housing & Redevelopment Director approval of
an exterior lighting plan with future parking areas. All lighting shall be designed to
reflect downward and avoid any impacts on adjacent homes or property.
15 ENGINEERING CONDITIONS:
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26. The Carlsbad Blvd. Pedestrian Bridge is shown on the Army Navy Academy Master Site
17 Plan (Phase 17) as an information item only. This bridge will require This bridge will
require separate approvals.18
19 27. As stated in Chapter 5 of the Master Site Plan text, Developer shall fund and initiate the
Alternative Street Design Process for this project in accordance with the Street and
20 Sidewalk Policy Committee Report as adopted by City Council 8/1/2000.
28. Concurrent with any development fronting Carlsbad Blvd. or Beech Ave. (Planning Area
"A" or Planning Area "E"), Developer shall design and provide for the construction of
missing or damaged improvements to Beech Ave., Carlsbad Blvd., or Mountain View
23 Drive as determined by the City Engineer.
24 29. Concurrent with any discretionary permits for this project that proposes a building permit,
as identified in Chapter 5 of the Master Site Plan, Developer shall prepare separate
detailed studies, prepared by a Registered Engineer, to determine whether facilities
(sanitary sewer, potable water, and storm drain) are adequate to serve the needs of this
project. These studies shall demonstrate that Growth Management Standards are met for
27 the facilities within this zone, and as it relates to impacts from this Project. These studies
shall be prepared to the satisfaction of the City Engineer. If deficiencies are identified,
Developer is responsible to construct or otherwise financially guarantee the necessary
DRB RESO NO. 334 -8-
facility improvements.
2 30. Concurrent with any discretionary permits for this project, Developer shall study and
3 address undergrounding of existing overhead utilities within and adjacent to the project
boundary.
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31. Prior to the approval of any application for development or redevelopment including
building permits, Developer shall submit to the City Engineer proof that the existing lots
5 within this project have been adjusted, consolidated or merged in accordance with the
Carlsbad Municipal Code.
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32. Prior to the approval of any application for development or redevelopment including
building permits, 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 properties.
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33. Prior to the approval of any application for development or redevelopment including
building permits, Developer shall submit for City approval a "Storm Water Pollution
Prevention Plan (SWPPP)" and a "Storm Water Management Plan (SWMP)." Each plan
shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater
13 Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the
California Regional Water Quality Control Board and City of Carlsbad Municipal Code.
14 The SWMP shall address measures to avoid contact or filter said pollutants from storm
water, to the maximum extent practicable, for the construction and post-construction
stage of the project. At a minimum, the plans shall:
16 a. Identify existing and post-development on-site pollutants-of-concern.
17 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
1 ° c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite;
20 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
21 procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
23 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
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33. Prior to the approval of any application for development or redevelopment including
building permits, Developer shall cause property owner to process, execute and submit an
executed copy to the City Engineer for recordation a City standard Permanent Stormwater
Quality Best Management Practice Maintenance Agreement for the perpetual
27 maintenance of all treatment control, applicable site design and source control, post-
construction permanent Best Management Practices prior to the issuance of a grading
28 permit or building permit, whichever occurs first for this Project.
DRB RESO NO. 334 -9-
1 STANDARD CODE REMINDERS:
2 The project is subject to all applicable provisions of local ordinances, including but not limited to
3 the following code requirements.
General
34. Approval of this request shall not excuse compliance with all applicable sections of the
6 Zoning Ordinance and all other applicable City Ordinances in effect at the time of future
building permit issuance, except as otherwise specifically provided herein.
7
35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
8 Code Section 18.04.320 for all future development.
9 36. Any signs proposed for future development shall at a minimum be designed in
10 conformance with the approved plans and the sign criteria contained in the Village
Redevelopment Master Plan and Design Manual and shall require review and approval
of the Housing & Redevelopment Director prior to installation of such signs.
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PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City
of Carlsbad, California, held on the 5th day of November, 2008, by the following vote to wit:
AYES: BAKER, PRIETTO, LAWSON AND SCHUMACHER
NOES: WHITTON
ABSENT: NONE
ABSTAIN: NONE
ANTHONY LAWSON, CHAIRPERSON
DESIGNAEVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 334 -11-