HomeMy WebLinkAbout1995-08-16; Design Review Board; Resolution 2321
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DESIGN REVIEW BOARD RESOLUTION NO. 232
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING A MINOR
REDEvEzxlpMENT PERMIT TO ALLOW FOR A FLOWER
STAND AT 2815 JEFFERSON STREET FOR A LIMITED PERIOD
OF TIME.
CASE NAME: ALVAREZ FLOWER STAND
CASE NO: RP 94-04
APN: 203-110-29
WHEREAS, Silvino Alvarez ("Developer") has filed a verified
application with the Housing and Redevelopment Department of the City of Carlsbad
which has been referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request for a Minor
Redevelopment Permit (94-04) as provided by Chapter 21.35 of the Carlsbad
Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Design Review Board, on the 16th day of August, 1995, did hold a duly noticed
public meeting to consider said-application on property described as:
Parcel 1: The Southeasterly 50.0 feet of the Northwesterly 241 feet of
Lot 48 of the Seaside Lands, according to the Map thereof No. 1722,
filed in the Office of the County Recorder of San Diego County, July
28, 1921; except the southwesterly 120 feet.
Parcel 2: The Southeasterly 15.0 feet of the Northwesterly 191.0 feet
of Lot 48 of Seaside Lands, according to the Map thereof No. 1722,
filed in the Office of the County Recorder of San Diego County, July
28, 1921; except the Southwesterly 120.0 feet.
WHEREAS, at said public meeting, said Design Review Board
considered all factors relating to Minor Redevelopment Permit 94-04.
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DRB RESO. NO. 232
Page 2
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design
Review Board as follows:
1. That the foregoing recitations are true and correct.
2. That based on the evidence presented at the public meeting, the
Design Review Board hereby APPROW Minor
Redevelopment Permit, RP 94-04, based on the following
findings and subject to the following conditions:
FINDINGS:
1.
2.
3.
4.
That the Planning Director has determined that the project is exempt
from the requirements of the California Environmental Quality Act
(CEQA) per Section 15303 of the state CEQA Guidelines and will not
have any adverse significant impact on the environment. ,
The Project qualifies as a Minor Redevelopment Permit under Chapter
21.35 of the Carlsbad Municipal Code because the project involves a
structural change which costs less than $50,000.
The project is consistent with the goals and objectives of the various
elements of the General Plan because it assists in the effort to create a
distinct identity for the Village Redevelopment Area by encouraging
activities that traditionally locate in a pedestrian-oriented downtown
area, including offices, restaurants and specialty retail shops.
The project is consistent with the City-wide Facilities and
Improvements Plan, the applicable local facilities management plan,
and all City public facility policies and ordinances since:
a) The project has been conditioned to ensure that, if sewer service
is required for the subject project, the necessary building
permits will not be issued, or building official approval shall not
be granted, for the flower stand project unless the District
Engineer determines that sewer service is available, and building
cannot occur within the project unless sewer service remains
available, and the District Engineer 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.
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DRB Resolution No.=
Page 3
5.
6.
7.
8.
9.
b) All necessary public improvements have been provided or are
required as a condition of approval.
c) The Developer 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.
The project has been conditioned 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 the Local Facilities
Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad
Municipal Code. This will ensure continued availability of public
facilities.
This project has been conditioned to comply with any requirement
approved as part of the Local Facilities Management Plan for Zone 1.
The project is consistent with the Carlsbad Village Area Redevelopment
Plan and the Village Design Manual because it will continue to provide
for a temporary use which is an encouraged use and is permitted by
right within Subarea 1 of the Village Redevelopment Project Area, if it
has received all applicable permits and licenses.
The project is in accordance with the applicable provisions of the
Carlsbad Municipal Code as demonstrated by the processing of the
appropriate discretionary permits, maintenance of compatibility with
surrounding land uses, and the provision of adequate parking and
landscaping.
The Design Review Board has reviewed each of the exactions imposed
on the Developer contained in this resolution, and hereby finds, in this
case, that the exactions are imposed to mitigate impacts caused by or
reasonably related to the project, and the extent and the degree of the
exaction is in rough proportionality to the impact caused by the project.
CONDITIONS:
1. The Design Review Board does hereby approve the Minor
Redevelopment Permit, RP 94-04, for the project entitled "Alvarez
Flower Stand". (Exhibits "A" & "B", dated July 10, 1995 are on file in
the Housing and Redevelopment Department), subject to the conditions
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DRB Resolution No. 232
Page 4
2.
3.
4.
5.
.... .... .... ....
herein set forth. Staff is authorized and directed to make or require the
Developer to make all corrections and modifications to the Minor
Redevelopment Permit documents, as necessary to make them internally
consistent and conform to the Design Review Board's final action on
the project. Development shall occur substantially as shown on the
approved exhibits, with the exception that the overhang/patio portion of
the buildq structure, which is equal to three hundred (300) square feet
of buildq structuxe, shall be removed if the applicant is unable to
meet applicable building codes related to the entire building structure of
four hundred twenty (420) square feet. By this Resolution, the applicant
is permitted to reduce the total building structure size to one hundred
twenty (120) square feet if deemed necessary and appropriate to obtain
approvals for the subject building structure from the City's Building
Official. Any proposed development substantially different from this
approval shall require an amendment to the approval.
The Developer shall comply with all applicable provisions of federal,
state and local ordinances in effect at the time of building permit
issuance.
The Developer shall include, as part of the plans submitted for any
permit plan check or building official approval, a reduced, legible
version of the approving resolutions on a 24" X 36" blueline drawing.
If sewer service is required for the subject project, building permits
will not be issued, or building official approval will not be granted, for
development of the subject project unless the District Engineer
determines that sewer facilities are available at the time of application
for sewer permits for any required sewer service and will continue to
be available until time of occupancy.
The Developer shall pay the public facilities fee adopted by the City
Council on July 28, 1987 (amended July 2, 1991) 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. If the fees are not paid, this
application will not be consistent with the General Plan and approval
for this project will be void.
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DRB Resolution N0.m
Page 5 .... .... ....
6.
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This project shall comply with all conditions and mitigation measures
which may be required as part of the Zone 1 Local Facilities
Management Plan and any amendments made to that Plan prior to the
issuance of building permits for this project, including but not limited
to the following:
a) All development within Zone 1 shall pay the required Carlsbad
Municipal Water District Fees, if applicable.
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.
This Minor Redevelopment Permit is granted for a period of five (5)
years or until the subject property is sold and/or there is a change in
title for the property. This Minor Redevelopment Permit shall be
reviewed by the Housing and Redevelopment Director on a yearly basis
to determine if all conditions of the permit have been met and that the
use does not have a substantial negative effect on surrounding
properties or the public health and welfare. If the Housing and
Redevelopment Director determines that the use has such substantial
negative effects, the Housing and Redevelopment Director shall
recommend that the Design Review Board, after providing the
permittee the opportunity to be heard, add additional conditions to
reduce or eliminate the substantial negative effects. This permit may be
revoked at any time after action by the Design Review Board at a
public meeting, if it is found that the use has a substantial detrimental
effect on surrounding land uses and the public’s health and welfare, or
the conditions imposed herein have not been met.
This approval shall become null and void if applicable building permits
are not issued for this project, or formal approval is not received from
the City’s Building Oficial, within six (6) months from the date of
project approval.
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DRB Resolution No. 232
Page 6
10. If any of the foregoing conditions fails to occur; or, if they are, by
their terms, to be implemented and maintained over time; if any such
conditions fail to be so implemented and maintained according to their
terms, the Redevelopment Agency shall have the right to revoke or
modify all approvals herein granted; deny or further condition issuance
of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein
granted; institute and prosecute litigation to compel their compliance
with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the
Agency’s approval of this Resolution.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including
but not limited to the following code requirements:
1.
2.
3.
4.
.... .... .... ....
Approval of this request shall not excuse compliance with all applicable
sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance, except as
otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code, if the
building structure exceeds one hundred (120) square feet and/or the
City’s Building official deems the improvements to be necessary and
appropriate for the project as proposed or permitted to be amended by
this Resolution.
Any signs proposed for this development shall at a minimum be
designed in conformance with the City’s Sign Ordinance and shall
require review and approval of the Planning Director prior to
installation of such signs.
Building identification and/or addresses shall be placed on the existing
building so as to be plainly visible from the street or access road; color
of identification and/or addresses shall contrast to their background
color.
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DRB Resolution No. 232
Page 7
5. The Developer shall be responsible for all fees, deposits and c,,arges
which will be collected before and/or after the time of issuance of the
building permit. The San Diego County Water Authority capacity
charge will be collected at issuance of application for meter installation,
if a meter is permitted to be installed on the property for the subject
project or building structure.
6. This project is approved upon the expressed condition that building
permits, if applicable, will not be issued for development of the subject
property unless the water district serving the development determines
that adequate water service and sewer facilities are available at the time
of application for such water service and sewer permits and will
continue to be available until time of occupancy, if the subject facilities
are required for the approved project.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on the 16th day of
August, 1995 by the following vote to wit:
AYES: Welshons, Vessey, Marquez, Savary
NOES: None.
ABSENT: Noble.
ABSTAIN: None.
KIM WELSHONS,
VICE-CHAIRPEE3ON
DESIGN REVIEW BOARD
ATTEST:
/
-- \I
EVAN E. BECKER,
HOUSING AND REDEVELOPMENT DIRECTOR