HomeMy WebLinkAbout1986-09-03; Design Review Board; Resolution 0801.
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DESIGN REVIEW BOARD RESOLUTION NO. 080
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MINOR REDEVELOPMENT
PERMIT TO ALLOW THE REMODEL OF AN EXISTING FACADE AND
EXPANSION INTO ADJOINING COMMERCIAL SPACE AT 201 OAK
AVENUE.
APPLICANT: 7-ELEVEN AND PEPI'S PIZZA
CASE NO.: RP 86-12
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 3rd day of September,
1986, hold a public hearing to consider said application on
property described as:
That portion of Block 18 of Town of Carlsbad, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 535 filed in the Office of
the County Recorder of San Diego, May 2, 1888.
WHEREAS, at said public 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 86-12.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design
Review Board of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Board recommends APPROVAL of RP 86-12, based on the
following findings and subject to the following conditions:
Findings:
1) The project meets the intent of the Village Design Manual and
will aesthetically improve the streetscape at the southeast
corner of Carlsbad Boulevard and Oak Avenue.
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The project is consistent with all City public facility pol-
icies and ordinances since:
a)
b)
C)
The Planning Commission 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 Planning Commission 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.
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.
Conditions:
1) Approval is granted for RP 86-12, as shown on Exhibit "A",
dated July 1, 1986 and Exhibits "B" - "E", dated May 20, 1986,
incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown
unless otherwise noted in these conditions.
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DRB RES0 NO. 080 -2 -
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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 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 April 22, 1986 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 subdivider's agreement to
pay the public facilities fee dated May 16, 1986, and the
agreement to pay the Growth Management Fee dated 8
1986, copies of which are on file with the City Clerk and are
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.
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.
The applicant shall prepare a 24' x 36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
The applicant shall prepare a detailed landscape and irriga-
tion 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 parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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 Design Review Board prior to
installation of such signs.
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.
RES0 NO. 080 -3-
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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 Planning
Director.
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 Directors of Planning and 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.
No outdoor storage of material shall occur onsite unless
required by the Fire Chief. In such instance a storage plan
will be submitted for approval by the Fire Chief and the
Planning Director.
Engineering Department:
17)
18)
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
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the temporary basins and erosion control measures for a period
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.
Improvements shown on Exhibit "A" shall be constructed within
12 months.
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 install street lights along all public and
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 of this 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 corner abutting the subdivision in conformance with
City of Carlsbad Standards prior to occupancy of any build-
ings,
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 design of all streets and drainage systems shall be
approved by the City Engineer prior to issuance of any grading
or building permit for this project. The structural section
of all streets shall conform to City of Carlsbad Standards
based on R-value tests, All private streets and drainage
systems shall be inspected by the city, and the standard
improvement plan check and inspection fees shall be paid prior
to issuance of any building or grading permit for this
project.
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PC RES0 NO. 080 -5-
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19) 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
signed 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 review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design,
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St,:
Telephone:
BY
(Name of Engineer)
Date:
R.C.E. NO. #
20) The developer shall provide the City with a reproducible mylar
The site plan shall reflect the conditions of approval by the
copy of the site plan as approved by the Planning Commission.
City, The plan copy shall be submitted to the City Engineer
prior to improvement plan submittal.
Fire Department:
21) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
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DRB RES0 NO. 080 -6-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 3rd day of September, 1986, by the following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
/ JERR:
/7
SfiD DESIGN REVIEW BOARD v
DRB RES0 NO. 080
BO TIS, Chairperson
CHRIS SALOMONE
COMMUNITY REDEVELOPMENT MANAGER
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