HomeMy WebLinkAbout1986-06-25; Design Review Board; Resolution 0751
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL A
REDEVELOPMENT PERMIT TO DEVELOP AN AUTO BODY AND PAINT
SHOP AT 3293 ROOSEVELT STREET IN SUBAREA 4 OF THE VILLAGE
REDEVELOPMENT AREA.
APPLICANT: GILBERT'S AUTO BODY
CASE NO: RP-85-16
DESIGN REVIEW BOARD RESOLUTION NO. 075
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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 25th day of June, 1986, hold a
duly noticed public bearing to consider said application on
property described as:
Lot 30 and 31 in Block 31 of the Town of Carlsbad,
California, Map No. 535, filed in the Office of the
County Recorder of San Diego, May 2, 1888,
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WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Board considered all factors relating to RP-85-16.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Board recommends APPROVAL RP-85-16, based on the following
findings and subject to the following conditions:
Findings
1) The proposed project satisfies all of the development
standards of the Village Design Manual and V-R zone.
2) That with implementation of the conditions of Resolution No.
075, the project is compatible with surrounding uses.
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The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate heavy commercial development at the intensity
proposed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Board has, by inclusion of an appropriate condition to
this project, ensured building permits will not be issued
for the project unless the City Engineer determines that
sewer service is available, and building cannot occur
within the project unless sewer service remains available,
and the 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.
b) All necessary public improvements have been provided or
will be required as conditions of approval.
c) 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.
d) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
This project as mitigated will not cause any significant
environmental impacts and a Negative Declaration has been
issued by the Planning Director on June 7, 1986 and approved
by the Board on June 25, 1986.
This project requires the construction of the improvements or
facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reasons
stated in the staff report. If the improvements or facilities
are not provided, the project will create an unmitigated
burden on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
project consistent with City goals, policies and plans.
The applicant is by condition, required to pay any increase in
public facility fee, or new construction tax, or development
fees, and has agreed to abide by any additional requirements
established by a development management or public facility
program ultimately adopted by the City of Carlsbad. This will
ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
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Conditions:
Approval is granted for RP 85-16, as shown on Exhibits "A"
-"C", dated June 12, 19 6, 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 upon the express condition that
the applicant pay the additional public facilities fee adopted
by the City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Ordinance No.
9791 or subsequent ordinance adopted to implement a growth or
development management system or public facilities phasing
plan and to fulfill the subdivider's agreement to pay the
public facilities fee dated , 1986 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 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 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.
Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
Planning Conditions:
7) The applicant shall prepare a 24"x36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Community Redevelopment Manager prior to the issuance of
building permits.
8) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
Community Redevelopment Manager prior to the issuance of
building permits.
9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Community Redevelopment Manager
prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Community
Redevelopment Manager.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction of
the Community Redevelopment Manager and the Director of
Building.
Building identification and/or addresses shall be placed on
all new and existing 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.
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,
Before obtaining a final map or building permit, whichever
occurs first, the applicant shall: a) agree to pay any
increase in the public facilities fee or additional tax on new
construction and/or new development fees established by the
City Council prior to July 20, 1986; b) agree to abide by any
additional requirements established by the development
management system or phasing plans which may be ultimately
adopted by the City of Carlsbad. This condition complies with
City Council Ordinance No. 9791.
The applicant shall be required to provide a trash receptacle
area onsite subject to the approval of the Planning Director,
prior to the issuance of building permits.
All repair work, painting and storage shall be required to
take place inside of the auto body shop building.
Unless health and safety requirements deem otherwise, the
garage doors and any windows to the auto body and paint shop
shall be required to be kept closed during all hours of
operation. The doors shall be surrounded by perimeter seals
to reduce noise levels at the exterior of the building.
The hours of operation for this facility shall be restricted to the time period between 8:OO a.m. to 5:30 p. m., Monday through Saturday,
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All project machinery, including air compressors, shall be
required to be soundproofed in order to reduce exterior noise
levels on adjacent properties to a level of 65 dBA or lower.
Should any of the neighbors within the vicinity of this use
file a complaint with the City regarding noise nuisance
impacts, the applicant shall be required to conduct an
acoustical analysis to identify the decibel level of the noise
nuisance. If this noise nuisance exceeds the acceptable
noise level on adjacent properties of 65 dBA, this noise
nuisance shall be required to be mitigated by the property
owner.
This permit shall be reviewed by the Community Redevelopment
Manager on a yearly basis to determine if all conditions of
this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or tk
public health and welfare. If the Community Redevelopment
Manager determines that the use has such significant adverse
impacts, the Community Redevelopment Manager shall recommend
that the Board add additional conditions to mitigate the
significant adverse impacts. This permit may be revoked at ar
time after a public hearing, if it is found that the use has i
significant detrimental effect on surrounding land uses and tk
public's health and welfare, or the conditions imposed herein
have not been met.
All automobiles in for repair, painting or other work at the
subject auto body and paint shop shall be required to be
parked onsite. No onstreet parking or storage of vehicles
shall be allowed.
The Roosevelt Street frontage shall be heavily landscaped
subject to the approval of the Community Redevelopment
Manager.
All onsite parking spaces shall be required to comply with
minimum parking area standards of 8.5' x 20' for standard
parking spaces and 8' x 15' for compact spaces. A total of 1:
onsite parking spaces will be required. Of these 13 spaces, i
maximum of three may be compact spaces.
The concrete block storage shed proposed to be located within
the northwest corner of the property is specifically not
approved. This storage area shall be required to be located
within another portion of the property, where it will not
infringe upon the driveway, frontyard or parking spaces. Thir
location must be approved by the Community Redevelopment
Manager and Fire Marshal.
Engineering Conditions:
26) Pretreatment of the sanitary sewer discharge from this projecl
is 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 discharge
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permit concurrently with the building permit for this project.
No Certificates of Occupancy for the project will be issued
before the industrial waste discharge permit application
requirements have been met, all applicable fees paid and the
permit issued.
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 "regular grading" k
Section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which shall
include all required drainage structures and any required
erosion control measures. The developer shall also submit
soils, geologic or compaction reports if required and shall
comply with all provisions of Chapter 11.06 of the Carlsbad
Municipal Code.
No grading shall occur outside the limits of the project unlea
a letter of permission is obtained from the owners of the
affected properties.
Prior to hauling dirt or construction materials to any propose
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 desiltatioddetention
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 perioc
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineer.
Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City Engineer.
This project shall incorporate grease/oil interceptors on all
drainage catch basins, the design of which shall be approved
by the City Engineer.
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The developer shall make an offer of dedication to the City fc
all public streets and easements required by these conditions
or shown on the site development plan. 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.
The developer shall obtain the City Engineer's approval of thc
project improvement plans prior to issuance of any building
permit within this project. The improvements shall be
constructed prior to issuance of a Certificate of Occupancy fc
any unit within the project. The improvements are:
A) Replacement curb, gutter and sidewalk, as well as A. C.
pavement on Roosevelt Avenue and Tyler Street. If found
defective by the City Engineer and or Public Works
inspector.
B) Sewer, water, and storm drain facilities to serve this
project.
C) Necessary driveway aprons on Roosevelt and Tyler Street.
Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this si1
plan.
The developer shall install street lights along all public an(
private street frontages in conformance with City of Carlsbad
Standards.
The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public street
frontages in conformance with City of Carlsbad Standards prioi
to occupancy of any buildings,
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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 a
all times, and shall have posted "No Parking/Fire Lane Tow Awa
Zone" pursuant to Section 17,04.040, Carlsbad Municipal code,
except as designated on site plan, Exhibit 'A" dated June 3,
1986.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the
Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be signe
and sealed on their first page. Additionally, the first sheet
of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a reviek
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm1
Firm:
Address:
City, st,:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO, #
Fire Conditions:
43) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of th- City of Carlsbad, California, held on
the 25th day of June, 1986, by the following vote, to wit:
AYES :
NOES *
Commissioner Rombotis , McCoy and Schlehuber.
Commissioners Hall, and Holmes
ABSENT: None
ABSTAIN: None
ATTEST:
n
CHRIS VALOMONE-
COMMUNITY REDEVELOPMENT MANAGER
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