HomeMy WebLinkAbout1991-04-02; Housing & Redevelopment Commission; 178; Beverly Centre - Develop a Retail/OfficeHOUSING AND -EDEVELOPMENT COMMISF- \N -
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AGENDA&L 0
AB#a TITLE APPROVAL OF A CONDITIONAL NEGATIVE
MTG. 4/2/91 DECLARATION AND A MAJOR REDEVELOPMENT PERMIT TO DEVELOP A 27,000 SQ.FT. RETAIL/OFFICE
DEPT. CA AT LAGUNA DRIVE AND STATE STREET RP 89-8 - BEVERLY CENTRE
RECOMMENDED ACTION:
If the Housing and Redevelopment Commission concurs your action is adopt Housing and Redevelopment Resolution No. ! 86 approving a conditional negative declaration and a major redevelopment permit (RP-89-8).
ITEM EXPLANATION
The City Council at your meeting of Ma.rch 19, 1991 directed our office to prepare a resolution approving a conditional negative declaration and a major redevelopment permit (RP-89-8). That document is attached. The Housing and Redevelopment Commission should satisfy itself that the findings and conditions accurately reflect your intentions in the matter.
EXHIBITS
Resolution No. jpad
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RESOLUTION NO. 186
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 Review
Board held a duly noticed public hearing to consider a proposed
Conditional Negative Declaration and a Major Redevelopment Permit
(RP-89-8) for a three story 27,000 square foot mixed use
office/retail structure and adopted Design Review Board Resolutions
Nos. 159 and 160 respectively, recommending to the Housing and
Redevelopment Commission that the Conditional Negative Declaration
and Major Redevelopment Permit (RP-89-8) be approved: and
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad, on March 19, 1991 held a public hearing to
consider the recommendations and heard all persons interested in or
opposed to RP 89-8; and
WHEREAS, a Conditional Negative Declaration was issued on
August 15, 1990 and submitted to the State Clearinghouse for a 30
day review period. All comments received from that review period
are fully incorporated into the conditions of approval for the
redevelopment permit. These conditions will be reviewed through a
monitoring program set up for the project.
NOW, THEREFORE, BE IT RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
I 2. That the conditional negative declaration on the
2 above referenced project is approved and that the findings and
3 conditions of the Design Review Board in Resolution No. 159 marked
4 Exhibit A and attached hereto are the findings and conditions of
5 the Housing and Redevelopment Commission.
6 3. That Redevelopment Permit RP 89-8 is approved and
7 that the findings and conditions of the Design Review Board
a contained in Resolution No. 160 marked Exhibit B and attached
9 hereto are the findings and conditions of the Housing and
10 Redevelopment Commission with the exception of Condition No. 16
11 which is amended by the addition of:
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"The Housing and Redevelopment Commission may approve an alternative landscape plan if the water regulations applicable at that time prevent implementation of the approved plans. The applicant shall provide a secured agreement with the alternate plan to install the landscaping required by the approved plan when the Housing and Redevelopment Commission determines water is available."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
Housing and Redevelopment Commission of the City of Carlsbad on the
2nd day of April 1991, by the following vote, to wit:
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AYES: Commissioners Lewis, Kulchin, Larson, Nygaard
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NOES: None
ABSENT: &me-
ABSTAIN: Commissio
25 II ATTEST:
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DESIGN REMEW 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
RETAIL/OFFICE 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 referred to
the Design Review Board; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of the
CarIsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board did,
on the 17th day of October, 1990, hold a duly noticed public hearing to consider said application
on property described as:
WHEREAS, at said public hearing, upon hearing and considering aU testimony and
arguments, if any, of all 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:
A)
B)
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 of the Mitigated Negative Declaration according to Exhibit
“ND”, dated August 15, 1990, and “PII”, dated July 19, 1990, respectively, attached hereto
and made a part hereof, based on the following findings and subject to the following
conditions:
Findins:
1. The initial study shows that there is no substantial evidence that the project may have a
significant impact on the environment, provided that the mitigating conditions of approval
arecompIiedwirhinfulL
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Zonditiorq:
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Excavations over 5 feet in depth from exist& grade would be shored or laid back to
inclinations of l:l, in accordance with OsHArequirements. Shoring design parameters shall
be provided prior to comction to the satisfaction of the Building Official. No grading or
building pexmit shall be issued prior to the OSHA permit
The removal of and contamination remedhl program for the hydroca&on fuel contaminated
soil shall be performed in accordance with the requirement5 of the County of San Diego
Department of Health Servkes and the San Diego Regional Water Quality Control Board.
Documentation of the successful completion of this program shall be provided prior to
issuance of a grading or building pen&
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Qualified co& paleontologist shall be retained prior to the issuance of any
per&s to grade or begin constxuction of any part of the proposed project
The condting paleontologist shall attend at least one pregrading meeting to consult
with the grading and excavation contractor.
‘I& consulting paleontologist shall be kept informed of the grading schedule and
shallperformperiodic hpections of grading and construction When grading affects
the Santiago Formation, full-time monitoring may be necessary.
ln the event that fossils are discovered, the consult@ paleontologist shall be allowed
to tempo&uily hal& direct, or divert grading to allow recovexy of fossil material in a
timelymanner.
Anyfossilmaterials collected from the site shallbe ckaned, sorted, and cataloged and
then donated to an institution with a research interest in the materials, such as the
San Diego Natural History Museum.
Within six weeks of the completion of grading for the projec& the consulting
paleontologist shall prepare a report of findings, even if negative, and submit it to the
City of Carl&ad Planning Department and the San Diego Natural History Museum.
DRB RESO NO. 159 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of
December 19, 1990
the City of Carlsbad, California, held on the -by the following vote, to
AYES: Schlehuber, McCoy, Rombotis and Schramm
NOES: None
ABSENT: McFadden
ABSTAIN: None
PMENT DIRECTOR
DRB RESO NO. 159 -3-
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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 CarIsbad 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
CarIsbad Municipai Code; and
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11 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
13 on property described as:
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That portion of Lot 20 of Map 1722, Seaside Lands on file with the
County of San Diego.
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WHEREAS, at said public hearing, upon hearing and considering aII testimony and
arguments, if any, of alI persons desiring to be heard, said Design Review Board considered all 17
18 factors relating to RP 89-8.
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board as follows:
20 A) That the foregoing recitations are true and correct.
21 B) 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.
25 2. The project meets aII 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 fixst floor retail with office above has been proven to be compatible
both historically and economically.
Planning Conditions:
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Approval is granted for RP 89-8, as shown on Exhibit(s) “A” - “K”, dated August 30, 1990,
as amended by Exhibit “B”, dated December 19, 1990, incorporated by reference and on file
in the Planning Department. Development shall occur substantially ‘as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that building permits will not be issued
for development of the subject property unless the City Engineer determines that sewer
facilities are available at the time of application for such sewer permits and will continue
to be available until time of occupancy.
This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28, 1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdividers
agreement to pay the public facilities fee dated November 28,1989, a copy of which is on
file with the City Clerk and is incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this project will
be void.
Water shall be provided by the Carlsbad Municipal Water District.
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
65913.5. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with all
requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
This approval shall become null and void if building permits are not issued for this project
within one year from the date of project approval.
Onsite
8. 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 DepaRment Policy No. 80-6, to the satisfaction of the
Directors of Planning and Building.
DRB RESO NO. 160 -2-
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9. An exterior lighting plan including parking areas shall be submitted for Planning Director
approval All lighting shah be designed to reflect downward and avoid any impacts on
adjacent homes or property.
.O. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such
instance a storage plan wiIl be submitted for approval by the Fire Chief and the Planning
Director.
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The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading or
building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40-foot intervals along alI public
street frontages in conformance with City of Carlsbad standards. The trees shall be of a
variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and
submitted per the landscape plan check procedures on file in the Planning Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants
(see Landscape Guidelines Manual) shall be limited to areas of special visual importance or
high use. Mulches shall be used and irrigation equipment and design shall promote water
conservation.
Prior to final occupancy, a letter from a California licensed landscape architect shall be
submitted to the Planning Director certifying that all landscaping has been installed as
shown on the approved landscape plans.
The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
The minimum shrub size shall be 5 gallons.
A uniform sign program for this development shall be submitted to the Planning Director
for his review and approval prior to occupancy of any building.
DRB RESO NO. 160 -3-
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22. Building identification and/or addresses shall be placed on all new and e&&g buildings
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
Environmental
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Prior to issuance of a grading or building permit, whichever comes first, a soils report shall
be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence
of potential fossil bearing material then a standard two phased program, on file in the
Planning Department, shall be undertaken to avoid possible significant impacts on
paleontological resources under the direction of the Planning Department.
The structure is parked solely for retail or general office use. No medical or restaurant use
isallowedwithoutspecificamendment to this permit via public hearing.
Tenantsortheirclientsshallnotbechargedforparking.
The leasor shall require the leasees to provide evidence of current City of Carlsbad business
lkensesasaconditionofthelease.
All conditions of Design Review Board Resolution No. 159 are incorporated in their entirety
herein by reference.
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Unless a standard variance has been issued, no variance from City Standards is authorized
by virtue of approval of this site plan
The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
The applicant shall agree to utihze reclaimed water, in Type I form, on the subject property
in all common areas as approved by the City Engineer. Reclaimed water, as defined in
Section 1305(n) of the California Water Code, means water which, as a result of treatment
of wastewater, is suitable for a direct beneficial use or controlled use that would not
otherwise occur.
The developer shall enter into an agreement to pay proportional fees for the future
undergrounding of all existing overhead utility lines along the boundary of the project prior
to grading or building permit issuance.
Pretreatment of the sanitary sewer discharge from this project may be required. In addition
to the requirements for a sewer connection permit the developer shall conform to the
requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply
for an industrial waste water discharge permit concurrently with the building permit for this
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project. NO Certificates of Occupancy for the project will be issued before the indus&l
WaSte discharge permit application requirements have been met, ail applicable fees paid ad
permit issued.
Rain gutters must be provided to convey roof drainage to the driveway to the satisfaction
of the City Engineer.
No grading shall occur outside the limits of the project unless a grading or slope easement
is obtained from the owners of the affected properties. If the developer is unable to obtain
the grading or slope easement, he must either amend the redevelopment permit or change
the slope so grading will not occur outside the project site in a manner which substantially
conforms to the approved site plan as determined by the City Engineer and Planning
Director.
A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
Additional drainage easements and drainage structures shall be provided or installed prior
to the issuance of grading or building permit as may be required by the City Engineer.
The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site development plan. The offer
shall be made prior to issuance of any building permit for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without cost
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 owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form
shall be provided by the City during the improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas. The subdivider
shall provide adequate means of eliminating grease and oils from drainage prior to
discharge. Plans for such improvements shall be approved by the City Engineer prior to
issuance of grading or building permit.
Laguna Drive shall be dedicated by the developer along the project frontage based on a
center line to right-of-way width of 30 feet and in conformance with City of Carlsbad
Standards prior to issuance of building permit.
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Plans, specifications, and supporting documents for all improvements shall be prepared to
the satisfaction of the City Engineer. Prior to issuance of building permit/grading permit in accordance, with City Standards the Developer shall install, or agree to install and secure
with appropriate security as provided by law, improvements shown on the site plan and the
following improvements:
A. Full l/2 street improvements to Laguna Drive along the project frontage to join the
existing improvements on State Street and provide the necessary transitions to the
east.
B. Upgrading of the existing 36 inch storm drain to 48 inch along the project frontage
on Laguna Drive (as per the Master Drainage plan
C. Full l/2 street improvements to State Street along the project frontage. The existing
curb, gutters, sidewalks and pavement shall be removed and replaced to the
satisfaction of the City Engineer.
D. All match lines of new pavement to existing shall be saw cut and the asphalt
feathered to provide a smooth road surface.
Improvements listed above shall be constructed within 12 months of improvement plan
approval, whichever occurs first.
The developer shall install sidewalks along all public streets abutting the project in
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public street comer abutting the project
site in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
All condition(s) listed above require a right of way permit, traffic control plan and
appropriate securities prior to issuance of any building permit.
hrigation systems to accommodate future reclaimed water shall be designed consistent with
Title 17 of the California Administrative Code. Offsite future reclaimed water distribution
systems should be anticipated by the installation of adequately sized sleeves at crossing
points to minimize street excavation.
Zustom Conditions:
50. The developer shall submit proof of the quit-claiming of the existing easements to SDG&E
(recorded May 25, 1966 as File No. 87180) and Pacific Telephone and Telegraph Co.
(recorded June 30,1966 as File No. 107512) prior to the issuance of a building permit.
51. The developer shah submit and receive approval of an adjustment plat and Certificate of
Compliance for the consolidation of the two existing lots into one prior to the issuance of
a building permit.
52. The project has been approved with an “on-street” truck loading zone adjacent to the curb
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on Laguna Drive at the easterly end of the project. The loading zone shall be sized to
enable a forty foot long truck to freely pull in and out and shall be delineated and signed
to the satisfaction of the City Engineer.
This site contains hydrocarbon fuel contaminated soils. The removal and the completion
of a contamination remedial program for the contaminated soils shall be performed in
accordance with the requirements of the County of San Diego Department of Health
Services and the San Diego Regional Water Quality Control Board. Documentation of the
successful completion of this program shall be submitted to the City prior to the issuance
of a grading or a building permit.
Prior to the issuance of building permits, complete building plans shall be submitted to and
approved by the Fire Department.
All required fire hydrants, water mains and appurtenances shall be operational prior to
combustible building materials begin located on the project site.
Fire retardant roofs shall be required on all structures.
Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour
fire walls with no openings therein which shall spilt the building into 10,000 sq. ft. (or less)
areas.
All private driveways shall be kept clear of parked vehicles at all times, and shall have
posted “No Parking/Fire Lane Tow Away Zone” pursuant to Section 17.04.020, Carlsbad
Municipal Code.
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tl he City of Carlsbad, California, held on the m by the following vote, to
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of
December 19, 1990
tit:
AYES: Schlehuber, McCoy, Rombotis and Schramm
NOES: None
ABSENT: McFadden
ABSTAIN: None
JTEST: ,
$ARLSBAD DESIGN REVIEW 86ARD
LOPMENT DIRECTOR
DRB RESO NO. 160 -8-