HomeMy WebLinkAbout1991-04-02; Housing & Redevelopment Commission; Resolution 1861
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RESOLUTION NO. 186
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A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING A CONDITIONAL NEGATIVE DECLARATION
AND A MAJOR REDEVELOPMENT PERMIT (RP 89-8) FOR
A THREE STORY 27,000 SQUARE FOOT MIXED USE OFFICE/RETAIL STRUCTURE ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF STATE STREET AND LAGUNA DRIVE. APPLICANT: BEVERLY CENTRE
CASE NO: RP 89-8
WHEREAS, on December 19, 1990 the Carlsbad Design
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office/retail structure and adopted Design Review Board Reso l1
(RP-89-8) for a three story 27,000 square foot mix lo
Conditional Negative Declaration and a Major Redevelopment 9
Board held a duly noticed public hearing to consider a p:
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NOS. 159 and 160 respectively, recommending to the ~ous.
Redevelopment Commission that the Conditional Negative Decl
and Major Redevelopment Permit (RP-89-8) be approved: and
WHEREAS, the Housing and Redevelopment Commissior
City of Carlsbad, on March 19, 1991 held a public hea:
consider the recommendations and heard all persons interestc - l8 opposed to RP 89-8: and
19 WHEREAS, a Conditional Negative Declaration was i! *'
day review period. All comments received from that revie1 21
August 15, 1990 and submitted to the State Clearinghouse :
Redevelopment Commission of the City of Carlsbad, Califo: 26
NOW, THEREFORE, BE IT RESOLVED by the Hous 25
monitoring program set up for the project. 24
redevelopment permit. These conditions will be reviewed t: 23
are fully incorporated into the conditions of approval 22
27 follows:
28 1. That the above recitations are true and cor
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2. That the conditional negative declaration
above referenced project is approved and that the f indir
conditions of the Design Review Board in Resolution No. 159
Exhibit A and attached hereto are the findings and condit.
the Housing and Redevelopment Commission.
3. That Redevelopment Permit RP 89-8 is appro'
that the findings and conditions of the Design Revie1
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"The Housing and Redevelopment Commission may apy l2 alternative landscape plan if the water regulations applic
'I ,neb ' l3 applicant shall provide a secured agreement with the alternz to install the landscaping required by the approved plan u g b !! T l4 Housing and Redevelopment Commission determines wa
contained in Resolution No. 160 marked Exhibit B and a
hereto are the findings and conditions of the Housi
Redevelopment Commission with the exception of Condition
which is amended by the addition of:
Dm swm that time prevent implementation of the approved plane
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PASSED, APPROVED AND ADOPTED at a Regular Meetin
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2nd day of *Vi1 1991, by the following vote, to wit: Go
Housing and Redevelopment Commission of the City of Carlsba
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19 AYES: Commissioners Lewis, Kulchin, Larson, Nygaard
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NOES: None
ABSENT : Nsme
ABSTAIN: Commissio
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DESIGN REvlEw BOARD RESOLUTION NO. 159
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
CONDITIONAL NEGATIVE DECLARATION FOR A MAJOR
REDEVELOPMENT PERMIT TO DEVELOP A 28,817 SQUARE FOOT
RETAIWOFFICE PROJECT AT LAGUNA DRIVE AND STATE STREET A.
CASE NAME: BEVERLY CENTRE
CASE NO.: RP 89-8
WHEREAS, a verified application has been filed with the City of Carlsbad and
7 the Design Review Board; and
a WHEREAS, said verified application constitutes a request as provided by Tith
9 Carlsbad Municipal Code; and
10 WHEREAS, pursuant to the provisions of the Municipal Code, the Design Reviev
11 on the 17th day of October, 1990, hold a duly noticed public hearing to consider said
l2 lion property described as:
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WHEREAS, at said public hearing, upon hearing and considering all test
arguments, if any, of all persons desiring to be heard, said Design Review Board co:
l5 lfactors relating to RP 89-8.
16 11 I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board a 17
l8 I \A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Design Re
hereby recommends APPROVAL of the Mitigated Negative Declaration accordin
"ND", dated August 15, 1990, and "PII", dated July 19, 1990, respectively, attal
and made a part hereof, based on the following findings and subject to th
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21 conditions:
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1. The initial study shows that there is no substantial evidence that the project 23
Findina:
significant impact on the environment, provided that the mitigating conditions
are complied with in full.
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1 Conditions: c-
2 1. ExcaMtions over 5 feet in depth from cdsting grade would be shored or lai,
inclinations of 1 :1, in accordance with OSHA requirements. Shoring design param
building permit shall be issued prior to the OSHA permit
3 be provided prior to construction to the satisfaction of the Building Official. No 1
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5 2. The removal of and contamination remedial program for the hydxocarbon fuel con
soil shall be performed in accordance with the requirements of the County of !
Department of Health Services and the San Diego Regional Water Quality Cont
Documentadon of the successful completion of this program shall be provide! 6
7 issuance of a grading or building pennit.
8 3. A. Qualified consulting paleontologist shall be retained prior to the issuan
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permits to grade or begin construction of any part of the proposed projecl
B. The consulting paleontologist shall attend at least one pregrading meeting 10
C. The consulting paleontologist shall be kept infomed of the grading sd 11
with the grading and excavation contractor.
12 shall perform periodic inspections of grading and const~~ction. When grac
the Santiago Formation, full-time monitoring may be necessary.
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D. In the event that fossils are discovered, the consulting paleontologist shall '
to temporarily halt, direct, or divert grading to allow recovery of fossil m
timely manner.
E. Any fossil materials collected from the site shall be cleaned, sorted, and cat;
then donated to an institution with a research interest in the matekds, I
San Diego Natural History Museum-
F. Within six weeks of the completion of grading for the project, the
paleontologist shall prepare a report of findings, even if negative, and sub1
City of Carlsbad Planning Department and the San Diego Natural Histoq
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3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
December lg, 1990 4 the City of Carlsbad, California, held on the -by the followinl
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AYES: Schlehuber, McCoy, Rombotis and Schramm
NOES: None
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ABSENT: McFadden
ABSTAIN: None
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14 CARLSBAD DESIGN REVIEW BOA
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JQ,HN MCCOY, Chairman
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DIU3 RES0 NO. 159 -3-
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DESIGN REVIEW BOARD RJZSOLUTION NO. 160
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A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
REDEVELOPMENT PERMIT TO ALOW THE CONSTRUCTION OF A
THREE STORY MIXED USE OFFICE/RETAIL STRUCTURE ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
STATE STREET AND LAGUNA DRIVE.
CASE NAME: BEVERLY CENTRE
CASE NO.: RP 89-8
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WHEREAS, a verified application has been filed with the City of Carlsbad and referred to
the Design Review Board; and
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WHEREAS, said verified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
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WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board did,
12 on the 17th day of October, 1990, hold a duly noticed public hearing to consider said application
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on property described as:
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fiat portion of Lot 20 of Map 1722, Seaside Lands on file with the
County of San Diego.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
II arguments, if any, of ah persons desiring to be heard, said Design Review Board considered all
/ factors relating to RP 89-8.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board as follows:
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Design Review Board
hereby recommends APPROVAL, based on findings and subject to the following conditions:
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23 Findings:
24 1. The project is consistent with the goals and objectives of the Village Design Manual.
z5 2. The project meets all the requirements of the Zoning Ordinance.
26 3 . The engineering analysis by City staff indicates that points of traffic conflict have been
27 mitigated through onsite circulation design, and movement restrictions on the public street.
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4. The development of first floor retail with office above has been proven to ’
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2 Planning Conditions:
3 Standard
4 1. Approval is granted for RP 89-8, as shown on Exhibit(s) “A” - “K“, dated Au;
as amended by Exhibit “B”, dated December 19, 1990, incorporated by referer
otherwise noted in these conditions.
5 in the Planning Department. Development shall occur substantially ’as
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This project is approved upon the express condition that building permits wil
for development of the subject property unless the City Engineer determix
facilities are available at the time of application for such sewer pennits and
to be available until time of occupancy.
This project is also approved under the express condition that the applicant
facilities fee adopted by the City Council on July 28, 1987 and as amende(
time, and any development fees established by the City Council pursuant to
of &e Carlsbad Municipal Code or other ordinance adopted to kplen:
management system or facilities and improvement plan and to fulf;ll &
agreement to pay the public facilities fee dated November 28, 1989, a copy
file with the City Clerk and is incorporated by this reference. If the fees ar~
application will not be consistent with the General Plan and approval for tl
be void.
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unless the City Council determines that the project without the condition co 18 65913.5. If any such condition is determined to be invalid this approval s
of any fees in lieu thereof, imposed by this approval or imposed by law on t
5. If any condition for construction of any public improvements or facilities, c 3.6
4. Water shall be provided by the Carlsbad Municipal Water District.
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requirements of law.
17 challenged this approval shall be suspended as provided in Government
6, Approval of this request shall not excuse compliance with all sections
ordinance and all other applicable City ordinances in effect at time of b
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22 7. This approval shall become null and void if building permits are not issued
within one year from the date of project approval.
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26 I/ 8. All roof appurtenances, including air conditioners, shall be architecturally
concealed from view and the sound buffered from adjacent properties
substance as provided in Building Department Policy No. 80-6, to the sati
Directors of Planning and Building.
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28 j( I! Ij DRB RESO NO. 160 -2- li
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9. An exterior lighting plan including parking areas shall be submitted for Planning
approval. All lighting shall be designed to reflect downward and avoid any im
adjacent homes or property.
10. No outdoor storage of material shall occur onsite unless required by the Fire Chiel
instance a storage plan will be submitted for approval by the Fire Chief and the
Director.
Landscape
6 11. The applicant shall prepare a detailed landscape and irrigation plan which
submitted to and approved by the Planning Director prior to the issuance of E
7 building permits, whichever occurs first.
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12. All landscaped areas shall be maintained in a healthy and thriving condition,
weeds, trash, and debris.
13. The developer shall install street trees at the equivalent of 40-foot intervals along 10 street frontages in conformance with City of Carlsbad standards. The trees sh
I1 /I variety selected from the approved Street Tree List.
12 14. AU landscape plans shall be prepared to conform with the Landscape Guidelines N
submitted per the landscape plan check procedures on file in the Planning Dep;
13 15. Landscape plans shall be designed to minimize water use. Lawn and other ZOT
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high use. Mulches shall be used and irrigation equipment and design shall pro]
(see Landscape Guidelines Manual) shall be limited to areas of special visual im~
submitted to the Planning Director certifying that all landscaping has been j
16. Prior to final occupancy, a letter from a California licensed landscape archit6 16
conservation.
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shown on the approved landscape plans.
l8 17. The applicant shall pay a landscape plan check and inspection fee as required
20.08.050 of the Carlsbad Municipal Code.
2o I 18. The first set of landscape and irrigation plans submitted shall include buil
improvement plans and grading plans.
21 19. All landscape and irrigation plans shall show existing and proposed contou1
22 match the grading plans in terms of scale and location of improvements.
23 120. The minimum shrub size shall be 5 gallons.
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21. A uniform sign program for this development shall be submitted to the Plann
for his review and approval prior to occupancy of any building.
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22. Building identification and/or addresses shall be placed on all new and existing 1
so as to be plainly visible from the street or access road; color of identificatiol
addresses shall contrast to their background color.
Environmental
23. Prior to issuance of a grading or building permit, whichever comes first, a soils re
be prepared and submitted to the City of Carlsbad. If the soils report indicates the
of potential fossil bearing material then a standard two phased program, on f
Planning Department, shall be undertaken to avoid possible significant in
paleontological resources under the direction of the Planning Department.
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24. The structure is parked solely for retail or gad office use. No medical or rata
is allowed without speci6ic amendment to this permit via public heg.
25. Tenants or their clients shall not be charged for parking.
26. The leasor shall require the leasees to provide evidence of current City of Carlsba
licenses as a condition of the lease.
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,27. All conditions of Design Review Board Resolution No. 159 are incorporated in tht
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herein by reference.
13 Endneering Conditions:
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28. Unless a standard variance has been issued, no variance from City Standards is
16 respective sewer and water agencies regarding services to the project.
by virtue of approval of this site plan.
29. The developer shall comply with all the rules, regulations and design requirem
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30. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tele
Cable TV authorities.
19 (131. The applicant shall agree to utilize reclaimed water, in Type I form, on the subjc
in all common areas as approved by the City Engineer. Reclaimed water, as
of wastewater, is suitable for a direct beneficial use or controlled use that 20 Section 1305(n) of the California Water Code, means water which, as a result c
21 otherwise occur.
22 32. The developer shall enter into an agreement to pay proportional fees for
undergrounding of all existing overhead utility lines along the boundary of the 1 23 to grading or building permit issuance.
24 33. Pretreatment of the sanitary sewer discharge from this project may be required.
25 to the requirements for a sewer connection permit the developer shall con
requirements of Chapter 13.16 of the Carlsbad Municipal Code. The develope:
26 for an industrial waste water discharge permit concurrently with the building p'
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project, NU Certificates of Occupancy for the project will be issued before the i
permit issued. 1
34. Rain gutters must be provided to convey roof drainage to the driveway to the sa
waste discharge permit application requirements have been met, all applicable fees
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35. No grading shall occur outside the limits of the project unless a grading or slope
is obtained from the owners of the affected properties. If the developer is unable
the grading or slope easement, he must either amend the redevelopment permit
the slope so grading will not occur outside the project site in a manner which sul
conforms to the approved site plan as determined by the City Engineer and
Director.
8 36. A separate grading plan shall be submitted and approved and a separate gradi
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issued for the borrow or disposal site if located within the city limits.
37. Prior to hauling dirt or construction materials to any proposed construction site
proposed haul route. The developer shall comply with all conditions and requirt
10 project the developer shall submit to and receive approval from the City Engin
11 City Engineer may impose with regards to the hauling operation.
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38. The developer shall exercise special care during the construction phase of this
prevent offsite siltation. Planting and erosion control shall be provided in accorl
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the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
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39. Additional drainage easements and drainage structures shall be provided or ins
40. The developer shall make an offer of dedication to the City for all public 16
to the issuance of grading or building permit as may be required by the City E:
easements required by these conditions or shown on the site development plan
18 shall be granted to the City free and clear of all liens and encumbrances and H
to the City. Streets that are already public are not required to be rededicated.
Prior to approval of any grading or building permits for this project, the owne
written consent to the annexation of the area shown within the boundaries oft
shall be provided by the City during the improvement plancheck process.
17 shall be made prior to issuance of any building permit for this project. All lanc
:z 141. into the existing City of Carlsbad Street Lighting and Landscaping District No, :
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42. Runoff from this project is conveyed to environmentally sensitive areas. Thf
shall provide adequate means of eliminating grease and oils from draina
discharge. Plans for such improvements shall be approved by the City Engin
issuance of grading or building permit.
43. Laguna Drive shall be dedicated by the developer along the project frontage
center line to right-of-way width of 30 feet and in conformance with City
Standards pripr to issuance of building permit.
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Plans, specifications, and supporting documents for all improvements shall be pre
the satisfaction of the City Engineer. Prior to issuance of building pennit/gra& in accordance, with City Standards the Developer shall install, or agree to install a1
with appropriate security as provided by law, improvements shown on the site pla~ following improvements:
A. Full 1/2 street improvements to Laguna Drive along the project frontage tc
existing improvements on State Street and provide the necessary transitio
east.
B. Upgrading of the existing 36 inch storm drain to 48 inch along the projec;
on Laguna Drive (as per the Master Drainage plan.
C. Full 1/2 street improvements to State Street along the project frontage. Th
curb, gutters, sidewalks and pavement shall be removed and replact
satisfaction of the City Engineer.
D. AU match lines of new pavement to existing shall be saw cut and th
feathered to provide a smooth road surface.
Improvements listed above shall be constructed within 12 months of improve
approval, whichever occurs first.
The developer shall install sidewalks along all public streets abutting the
conformance with City of Carlsbad Standards prior to occupancy of any buildin
The developer shall install a wheelchair ramp at the public street comer abutting
site in conformance with City of Carlsbad Standards prior to occupancy of any
All condition(s) listed above require a right of way permit, traffic control
appropriate securities prior to issuance of any building permit.
I.8 /I 49. Inigation systems to accommodate future reclaimed water shall be designed con:
Title 17 of the California Administrative Code. Offsite future reclaimed water (
systems should be anticipated by the installation of adequately sized sleeves
points to minimize street excavation. 19 11
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Custom Conditions:
50. The developer shall submit proof of the quit-claiming of the existing easements
23 (recorded June 30, 1966 as File No. 107512) prior to the issuance of a buildin
24 51. The developer shall submit and receive approval of an adjustment plat and Cc
Compliance for the consolidation of the two existing lots into one prior to the
25 a building permit.
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22 (recorded May 25, 1966 as File No. 87180) and Pacific Telephone and Tel
52. The project has been approved with an "on-street" truck loading zone adjacent
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on Laguna Drive at the easterly end of the project. The loading zone shall bc
enable a forty foot long truck to freely pull in and out and shall be delineated a
to the satisfaction of the City Engineer.
This site contains hydrocarbon fuel contaminated soils. The removal and the c
of a contamination remedial program for the contaminated soils shall be per
accordance with the requirements of the County of San Diego Department
Services and the San Diego Regional Water Quality Control Board. Documenta
of a grading or a building permit.
successfuj completion of th~~ program shall be submitted to the City prior to th
7- Fire
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54. Prior to the issuance of building permits, complete building plans shall be submil
approved by the Fire Department.
55. AU required fire hydrants, water mains and appurtenances shall be operation 10 combustible building materials begin located on the project site.
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56. Fire retardant roofs shall be required on all structures.
fire walls with no openings therein which shall spilt the building into 10,000 sq. 13
57. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or hav'
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areas.
58. AU private driveways shall be kept clear of parked vehicles at all times, and
15 posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.02
Municipal Code. 16
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2 I/ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Revie December 19, 1990 3 //the City of Carlsbad, California, held on the by the followj
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5 AYES: Schlehuber, McCoy, Rombotis and Schramm
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NOES: None
ABSENT: McFadden
ABSTAIN: None
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