HomeMy WebLinkAbout1985-08-28; Design Review Board; Resolution 0531
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DESIGN REVIEW BOARD RESOLUTION NO. 053
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARISBAD, CALIFORNIA RECOMMENDING APPROVAL OF A REDEVELOPMENT PERMIT TO CONSTRUCT A DUPLEX AT 3081 MADISON STREET. CASE NO.: RP 85-11 APPLICANT: ROBINSON
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 Carlsbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Design Review Board did, on the 28th day of August, 1985,
hold a duly noticed public hearing to consider said application
on property described as:
Lots 28, 29 and 30 of Block 39 Map 775 (365, 535) Town of Carlsbad Amended.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
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heard,. said Board considered all factors relating to RP 85-11.
NOW, THEREFORE, BE IT RESOLVED by the Design Review Board
of the City of Carlsbad as follows:
1) That the above recitations are true and correct.
2) That based on the evidence presented at the public hearing, the Board recommends APPROVAL of RP 85-11, based on the following findings and subject to the following conditions:
FINDINGS:
1) The project is consistent with the goals and objectives of the Village Design Manual, the General Plan and the Redevelopment Plan as discussed in the staff report.
2) The project meets the goals of subarea seven of the Village Design Manual for the reasons stated in the staff report.
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3) The project is consistent with all City public facility policies and ordinances since:
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The Design Review Board has, by by inclusion of an appropriate condition to this project, ensured that any building cannot occur within the project unless sewer service remains available, and the Design Review Board 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.
All necessary public improvements have been provided or will be required as conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee, Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
CONDITIONS:
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Approval is granted for RP 85-11, as shown on Exhibit "A" dated April 22, 1985, incorporated by reference and on file in the Community Redevelopment Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the building permits shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the project.
This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated April 25, 1985, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent .with the General Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at the time of building perm.it 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.
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ENGINEERING CONDITIONS:
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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 capacity is available at the time of application for such permits and will continue to be available until time of occupancy.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grading" by Section 11.06.170(O) of the Carlsbad Municipal code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
No grading shall occur outside the limits of the subdivision/ project unless a letter of permission is obtained from the owners of the affected properties.
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 any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods .required..or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control ~ measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfac- tory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map/any grading or building permit for this project.
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Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The improvements are:
a) Alley improvements along the rear of this site.
b) Driveway curb, gutter and sidewalk replacement along the frontage of this project as necessary for public
works inspection.
0 The drainage out of the driveway to Madison Street is specifically not approved. The applicant shall utilize an inlet/outlet system to drain this project.
0 The developer shall install one way entrance, and do not enter signs on both sides of the driveway from Madison Street, as approved by the City Engineer
0 The developer shall provide minimum 18' wide access from the alley to this site.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map/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.
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 17.04.040, Carlsbad Municipal Code.
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DRB RESO. NO. 053
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, held on the 28th
day of August, 1985, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN MCCOY, Chairperson DESIGN REVIEW BOARD
CHRIS SALOMONE Community Redevelopment Manager
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DRB RESO I. NO. 053