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HomeMy WebLinkAboutRP 94-04; Alvarez Flower Stand; Redevelopment Permits (RP) (5)Application Complete Date: April 13. 1995 Staff: Debbie Fountain Elaine Blackbum Ken Quon Date: August 16, 1995 TO: DESIGN REVIEW BOARD FROM: HOUSING AND REDEVELOPMENT DEPARTMENT <2!lf SUBJECT: RP 94-04 - ALVAREZ FLOWER STAND - Request to approve a Minor Redevelopment Permit to allow installation and operation of a flower stand at 2815 Jefferson Street. I. STAFF RECOMMENDATION Staff recommends that the Design Review Board APPROVE Resolution No. 232 approving a Minor Redevelopment Permit to allow a flower stand for a lunited period of time at 2815 Jefferson Street in the Village Redevelopment Area. n. PROJECT DESCRIPTION AND BACKGROUND The applicant, Mr. Silvino Alvarez, through his attomey Mr. Richard MacGum, submitted a request for a minor redevelopment permit to allow the installation and operation of a flower stand on the property located at 2815 Jefferson Street in the Village Redevelopment Area. The application was submitted as the result of a violation notice for the presence of the unpermitted flower stand. Staff has been working with the applicant and his attomey since the date of the violation notice (12/27/93) to submit the documents necessary to request a minor redevelopment permit to allow the continued use of the flower stand. The flower stand represents a retail use within Subarea 1 of the Village Redevelopment Area. Retail shops are permitted by right within Subarea 1 as long as they receive the appropriate permits and licenses for operation purposes. The building stmcture proposed for the flower stand includes the building (120 sq.ft) and a patio area with an overhang (300 sq.ft.); the total building stmcture size is 420 square feet. Building permits are required for any building stmcture over 120 square feet in size. A minor redevelopment permit is required to approve the land use (retail) and the stmcture installed/constmcted on the site. When the formal application for the subject project was received and deemed complete for continued processing, staff indicated to the applicant and his attorney that the flower stand use was not considered by the Carlsbad Redevelopment Agency to be the highest and best use for the property and could not be supported by staff as a long term use for the property. Additionally, staff expressed the opinion that the design of the flower stand stmcture was not RP 94-04 August 16, 1995 Page 2 consistent with Village standards for a permanent stmcture on the site. However, since the property owner is currently in the process of trying to sell the subject property and it is assumed that the flower stand continues to represent only a temporary use of the property, staff outlined two options which could be supported for continued operation of the flower stand on the subject site. The two options are as follows: 1. If the applicant is able to obtain the required building permits for the building stmcture currently on the site at 420 square feet and makes the necessary improvements to comply with the building code, staff will recommend a maximum five (5) year period for operation of the flower stand. This recommendation recognizes the fact that to bring the stmcture into compliance with the existing building codes, the applicant will be required to complete substantial improvements to the building stmcture which could be quite costly. Therefore, if the property owner allows the applicant to operate the flower stand on the subject property for five (5) years, the Redevelopment Agency is willing to allow the continued operation of the flower stand for five (5) years as well. 2. If the applicant is not able to obtain the required building permits for the 420 square foot building stmcture as proposed, the building stmcture size must be reduced to 120 square feet with no overhang stmcture. Under this option, it is staff's opinion that the period of permitted time for operation of the flower stand should be reduced to no more than two (2) years. Since the applicant has already been allowed to operate for over a year without the appropriate permits, staff originally indicated to the applicant that only one (1) additional year of operation could be supported by staff. However, after further consideration, staff feels that a two (2) year period of time can be supported for continued operation of the flower stand with a building stmcture which does not exceed 120 square feet in size. in. vn .T .AnF DESIGN MANUAL AND REDEVELOPMENT PLAN CONSISTENCY As mentioned above, the proposed retail use is consistent with the Village Design Manual and Redevelopment Plan for the Village Redevelopment Area. The proposed site for the flower retail stand is located within Subarea 1 of the Village Redevelopment Area. The uses allowed in this area are the same as those allowed within the C-1, C-2 and R-P zones as indicated in the Carlsbad Municipal Code. The uses permitted by right include retail shops. The property is located outside the Coastal Zone. RP 94-04 August 16, 1995 Page 3 IV. GENERAL PLAN CONSISTENCY The project is consistent with the goals and objectives of the various elements of the General Plan. One of the goals of the City for the Village Redevelopment Area is to create a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian- oriented downtown area, including offices, restaurants and specialty retail shops such as flower stands. Although staff does not believe that the proposed flower stand is the highest and best use for the subject property on a long term or permanent basis, the temporary use (no longer than five years) of the site for the flower stand is consistent with the objective of creating a sense of community within the Village and is an allowed use for the site. The proposed project meets the goals and objectives of the Carlsbad General Plan, as outlined for the Village Redevelopment Area. V. PARKING ANALYSIS AND ZONING ORDINANCE COMPUANCE The flower stand has a total parking requirement of two (2) spaces. The applicant will be able to provide for two (2) parking spaces on-site as required. In addition to meeting the zoning standards for parking, the proposed project meets all other standards outlined with the Zoning Ordinance. VI. ENVIRONMENTAL REVIEW The Planning Department has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Planning Department has made a determination that the flower stand qualifies as an exempt project under Section 15303(c) of the CEQA regulations. vn. CONCLUSION As stated previously, staff does not believe that the proposed flower stand is the highest and best use for the subject property on a long term basis. However, the flower stand does provide for a use which is allowed in Subarea 1 of the Village Redevelopment Area. Therefore, staff is able to support this project and recommends that the flower stand be allowed with a limit on the maximum period of time for operation. Staff recommends that the Design Review Board take action to approve the minor redevelopment permit related to this project and subject to the conditions contained therein. RP 94-04 August 16, 1995 Page 4 EXHIBITS: 1 - Design Review Board Resolution Nos. 232 approving RP 94-04. 2 - Location Map 3 - Project Description with Disclosure Statement 4 - Exhibits "A" - "B", dated July 10, 1995 r w EXHIBIT 2 1 LAGUNA DRIVE LLI UJ DC h- CO LU CO o O oc UJ LU OC I- co o CO Q < nn ARBUCKLE 1 1 1 :::::::;:::::| LU LU OC h- co o CO DC UJ LL LL LU SITE GRAND AVENUE HOME AVENUE CITY OF CARLSBAD W4r N > E I ALVAREZ FLOWER STAND RP 94-04 I EXHIBIT 3 PROJECT DESCRIPTION/EXPLANATION PROJECTNAME: Alvarez Flower Stand APPUCANT NAME: Silvino Alvarez Please describe fully the proposed projecL Include any details necessary to adequately explain the scope ar.j/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for. or appropriateness of. the application. Use an addendum sheet if necessary. Description/Explanation. The 2815 Jefferson Street site is a previously developed residential site, now levelled and undeveloped, located one-half block north of Grand Avenue and one block east of Madison within the Carlsbad Redevelopment Area. The site has been listed for sale with CB Commercial Realtors. With the support of the owners and the realtor, the proposed project provides an interim use for the lot while it lays vacant prior to sale. Mr. Alvarez proposes to produce and sell flowers at the site on a small scale. His presence will provide the community with the aesthetic amenity of the site's gardens and with quality, reasonably priced, locally produced cut flowers, while deterring the vagrancy and vandalism commonly associated with vacant property. The proposed use is ideal for the Jefferson location. The flower stand and gardens are oriented to pedestrian traffic, yet are easily accessible to vehicular traffic. Ninety seven percent of the project is devoted to open space, providing a "green belt" in the developed neighborhood, and adding to the semi-rural feel associated with the "Village" theme of Carlsbad's Redevelopment Project, flav. 4/91 Proin«»r f' Disclosure Statement 'Over) Page 2 Have you had more than $250 worth of business transacted with any member of City staft. Scares Commissions. Committees and Council within the past twelve months? Yes No _x_ If yes. please indicate person(s) , Parson la dafinad aa: 'Any individual, firm, copartnarship. joint vantura. asaociation. sociai club, fratarnal organization, corporation, astata. trust, racaivar. syndicata. thia and any othar county, city and county, city municipality, diatnct or othar political subdivision, or any othar grouo or combination acting as a unit* (NOTE: Attach additional pages as necessary.) ^ianaturrof Owner/dat* uia^ot' QV, KELSO Signature of applicant/date SILVINO ALVAREZ Print or type name of appiicant FRM00013 8/90 Citv of Carlsbad Plannina Oepartment DISCLOSURE STATEMENT APOt CANT S STA'EMEST CF CiSCLCSUPE OF CERTAIN OWNERSHIP IMTEPESTS ON ALL APPLICATIONS WHiCH WILL =ECL CiSCRETiONARY ACTION CN THE PART OF THE C.TY COUNCIL OR ANY APPOINTED 80ARO. CCMMlSSlCN OR CCMMfTTEE. Please Prmt) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Silvino Alvarez^. ?RIS j^fff^rsnn Street. Carlsbad. CA 92008 George Kelso^ 6831 Carnation Drive, Carlsbad, CA 92009 Betty i^eiso/ 683] Carnation Drive, Carlsbad, CA 92009 Kevin D. Kelso 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. George Kelso, Trustee of the Kelso Family Trustr 683] Carnation Dr., Carlsbad, CA Betty Kelso, Trustee of the Kelso Family Trust ^ 6833 Carnation Dr., Carlsbad, CA Kevin D. Kelso as to 18.33% If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of ali individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profrt organization or as trustee or beneficiary of the trust. George V. Kelso, Trustee Betty J. Kelso, Trustee FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1161 To: DFOUN From: Kenneth Quon jubject: ALVAREZ FLOWER STAND )ate: 8/08/95 Time: 8:26a No comments to the staff report for the Design Review Board for the Alvarez Flower Stand. Thanks Ken July 27, 1995 TO: PLANNING DEPARTMENT, G. WAYNE & E. BIACIKBURN ENGINEERING DEPARTMENT, D. HAUSER & K. QUON SSISTANT CITY ATTORNEY,,R, RUDOLF FIRE Dl WATER D) DENT-M . SMITH ^ ITMENT LTMENT - J. WHTTLEY FROM: HOUSING AND RED! FOUNTAIN )PMENT DEPARTMENT. DEBBIE RP 94-04, ALVAREZ FLOWER STAND Attached is a staff report prepared by the Housing and Redevelopment Department for the Design Review Board. The report relates to a request for a minor redevelopment permit to allow for the continued operation of a flower stand at 2815 Jefferson Street in the Village Redevelopment Area. Please review the report and forward any comments you may have on it to my office by Wednesday, August 9, 1995. I hope to present this item to DRB on August 16. 1995. Thanks tor your help! DEBBIE FOUNTAIN c: Housing and Redevelopment Director 11IDD Ntit70:8 S6-i -9 f 0T0i yaidODanSl X0d3X:Ag nDy August 1, 1995 TO: DEBBIE FOUNTAIN, HOUSING AND REDEVELOPMENT DEPARTMENT FROM: Jerry Whitley, Associate Engineer CMWD 95.00 Misc. R.P. 94-004, ALVAREZ FLOWER STAND In response to your July 27, 1995, inquiry, the District has reviewed permit and has no comments. Sincerely, F. JERRY WHITL Associate Engineer FJWisjs CMWD 95.00 Misc. July 27, 1995 TO: PLANNING DEPARTMENT, G. WAYNE & E. BLACKBURN ENGINEERING DEPARTMENT, D. HAUSER & K. QUON ASSISTANT CITY ATTORNEY, R. RUDOLF COMMUNITY SERVICES DEPARTMENT, D. BRADSTREET FIRE DEPARTMENT - M. SMITH WATER DEPARTMENT - J. WHITLEY FROM: HOUSING AND REDEVELOPMENT DEPARTMENT, DEBBIE FOUNTAIN RP 94-04, ALVAREZ FLOWER STAND Attached is a staff report prepared by the Housing and Redevelopment Department for the Design Review Board. The report relates to a request for a minor redevelopment permit to allow for the continued operation of a flower stand at 2815 Jefferson Street in the Village Redevelopment Area. Please review the report and forward any comments you may have on it to my office by Wednesday, August 9, 1995. I hope to present this item to DRB on August 16, 1995. Thanks for your help! DEBBIE FOUNTAIN j^^ c: Housing and Redevelopment Director Uoc:^;^ ^ Application Complete Date: April 13. 1995 Staff: Debbie Fountain Elaine Blackbum Ken Quon Date: August 16, 1995 TO: DESIGN REVIEW BOARD FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: RP 94-04 - ALVAREZ FLOWER STAND - Request to approve a Mmor Redevelopment Permit to allow installation and operation of a flower stand at 2815 Jefferson Street. I. STAFF RECOMMENDATION Staff recommends that the Design Review Board APPROVE Resolution No. 232 approving a Minor Redevelopment Permit to allow a flower stand for a limited period of time at 2815 Jefferson Street in the Village Redevelopment Area. n. PROJECT DESCRIPTION AND BACKGROUND The applicant, Mr. Silvino Alvarez, through his attomey Mr. Richard MacGum, submitted a request for a minor redevelopment pennit to allow the installation and operation of a flower stand on the property located at 2815 Jefferson Street in the Village Redevelopment Area. The application was submitted as the result of a violation notice for the presence of the unpermitted flower stand. StaffMs been working with the applicant and his attomey since the date of the violation notic^^J^/27/93) to submit the documents necessary to request a minor redevelopment permit to allow the continued use of the flower stand. The flower stand represents a retail use within Subarea 1 of the Village Redevelopment Area. Retail shops are permitted by right within Subarea 1 as long as they receive the appropriate permits and licenses for operation purposes. The building structure proposed for the flower stand includes the building (120 sq.ft) and a patio area with an overhang (300 sq.ft.); the total building structure size is 420 square feet. Building permits are required for any building structure over 120 square feet in size. A minor redevelopment permit is required to approve the land use (retail) and the structure installed/constructed on the site. When the formal application for the subject project was received and deemed complete for continued processing, staff indicated to the applicant and his attomey that the flower stand use was not considered by the Carlsbad Redevelopment Agency to be the highest and best use for the property and could not be supported by staff as a long term use for the property. Additionally, staff expressed the opinion that the design of the flower stand structure was not RP 94-04 August 16, 1995 Page 2 consistent with Village standards for a permanent structure on the site. However, since the property owner is currently in the process of trying to sell the subject property and it is assumed that the flower stand continues to represent only a temporary use of the property, staff outlined two options which could be supported for continued operation of the flower stand on the subject site. The two options are as follows: 1. If the applicant is able to obtain the required building permits for the building structure currently on the site at 420 square feet and makes the necessary improvements to comply with the building code, staff will recommend a maximum five (5) year period for operation of the flower stand. This recommendation recognizes the fact that to bring the structure into compliance with the existing building codes, the applicant will be required to complete substantial improvements to the building structure which could be quite costly. Therefore, if the property owner allows the applicant to operate the flower stand on the subject property for five (5) years, the Redevelopment Agency is willing to allow the continued operation of the flower stand for five (5) years as well. 2. If the applicant is not able to obtain the required building permits for the 420 square foot building structure as proposed, the building structure size must be reduced to 120 square feet with no overhang structure. Under this option, it is staff's opinion that the period of permitted time for operation of the flower stand should be reduced to no more than two (2) years. Since the applicant has already been allowed to operate for over a year without the appropriate permits, staff originally indicated to the applicant that only one (1) additional year of operation could be supported by staff. However, after further consideration, staff feels that a two (2) year period of time can be supported for continued operation of the flower stand with a building structure which does not exceed 120 square feet in size. m. VILLAGE DESIGN MANUAL AND REDEVELOPMENT PLAN CONSISTENCY As mentioned above, the proposed retail use is consistent with the Village Design Manual and Redevelopment Plan for the Village Redevelopment Area. The proposed site for the flower retail stand is located within Subarea 1 of the Village Redevelopment Area. The uses allowed in this area are the same as those allowed within the C-1, C-2 and R-P zones as indicated in the Carlsbad Municipal Code. The uses permitted by right include retail shops. The property is located outside the Coastal Zone. RP 94-04 August 16, 1995 Page 3 IV. GENERAL PLAN CONSISTENCY The project is consistent with the goals and objectives of the various elements of the General Plan. One of the goals of the City for the Village Redevelopment Area is to create a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian- oriented downtown area, including offices, restaurants and specialty retail shops such as flower stands. Although staff does not believe that the proposed flower stand is the highest and best use for the subject property on a long term or permanent basis, the temporary use (no longer than five years) of the site for the flower stand is consistent with the objective of creating a sense of community within the Village and is an allowed use for the site. The proposed project meets the goals and objectives of the Carlsbad General Plan, as outlined for the Village Redevelopment Area. V. PARKING ANALYSIS AND ZONING ORDINANCE COMPLIANCE The flower stand has a total parking requirement of two (2) spaces. The applicant will be able to provide for two (2) parking spaces on-site as required. In addition to meeting the zoning standards for parking, the proposed project meets all other standards outlined with the Zoning Ordinance. VI. ENVIRONMENTAL REVIEW The Planning Department has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Planning Department has made a determination that the flower stand qualifies as an exempt project under Section 15303(c) of the CEQA regulations. vn. CONCLUSION As stated previously, staff does not believe that the proposed flower stand is the highest and best use for the subject property on a long term basis. However, the flower stand does provide for a use which is allowed in Subarea 1 of the Village Redevelopment Area. Therefore, staff is able to support this project and recommends that the flower stand be allowed with a limit on the maximum period of time for operation. Staff recommends that the Design Review Board take action to approve the minor redevelopment permit related to this project and subject to the conditions contained therein. RP 94-04 August 16, 1995 Page 4 EXHIBITS: 1 - Design Review Board Resolution Nos. 232 approving RP 94-04. 3 - Location Map 4 - Exhibits "A" - "B", dated July 10, 1995 5 - Project Description with Disclosure Statement DESIGN REVIEW BOARD RESOLUTION NO. 232 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MINOR REDEVELOPMENT PERMIT TO ALLOW FOR A FLOWER STAND AT 2815 JEFFERSON STREET FOR A LIMITED PERIOD OF TIME. CASE NAME: ALVAREZ FLOWER STAND APN: 203-110-29 CASE NO: RP 94-04 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. DRB RESO. NO. 232 Page 2 NOW, THEREFORE, BE IT IIEREBY 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 APPROVES Minor Redevelopment Permit, RP 94-04, based on the following findings and subject to the following conditions: FINDINGS: 1. That the Planning Director has determined that the project is exempt from the requirements of the Califomia Environmental Quality Act (CEQA) per Section 15303 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. 2. 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. 3. 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. 4. 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: The project has been conditioned to ensure that building permits will not be issued for the 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. b) All necessary public improvements have been provided or are required as a condition of approval. DRB Resolution No. 232 Page 3 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. 5. 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. 6. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 7. 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. 8. 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. 9. 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: 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 June 5, 1995, are on file in the Housing and Redevelopment Department), subject to the conditions 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 DRB Resolution No. 232 Page 4 on the approved exhibits, with the exception that the overhang/patio portion of the building structure, which is equal to three hundred (300) square feet of building structure, 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. 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. 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 provide the Agency with a reproducible 24" X 36", mylar copy of the Site Plan as approved by the Design Review Board. The Site Plan shall reflect the conditions of approval by the Agency. The plan copy shall be submitted to the Planning Director and approved prior to building or grading permit approval, whichever occurs first. 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 Building permits will not be issued for development of the subject property unless the District 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. DRB Resolution No.232 Page 5 7. 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. 8. 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. 9. 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 Plaiming Director. 10. This Minor Redevelopment Permit is granted for a period of five (5) years if, and only if, the proposed building structure of four hundred (420) square feet receives all of the applicable building permits and licenses from the City of Carlsbad. This Minor Redevelopment Permit is granted for a period of only two (2) years, if the building structure is reduced to one hundred twenty (120) square feet through the permitted elimination of the overhang/patio portion of the building structure and no building permits are subsequently required for the project. 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 permit may not be extended for any period of time. DRB Resolution No. 232 Page 6 STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 1. 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 Official, within six (6) months from the date of project approval. 2. 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. 3. 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 exc^ds one hundred (120) square feet and/or the City's Building Official deems the iiiq)rovements to be necessary and appropriate for the project as proposed or pennitted to be amended by this Resolution. 4. Any signs proposed for this development shall at a minimum be designed in confonnance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 5. 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. 6. The Developer shall be responsible for all fees, deposits and charges 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. DRB Resolution No. 232 Page 7 7. 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, Califomia, held on the 16th day of August, 1995 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: BAILEY NOBLE, CHAIRPERSON DESIGN REVIEW BOARD ATTEST: EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR RECE rr?" July 13, 1995 1 ^995 rPO^ " DEPARTMENT jten KEN QUON, ENGINEERING rneivi: DEBBIE FOUNTAIN, HOUSING AND REDEVELOPMENT FINAL SET OF PLANS FOR ALVAREZ FLOWER STAND Attached is the final set of plans for the Alvarez Flower Stand which will be presented to Design Review Board for approval. Please review and forward the final set of Engineering conditions for the project to my office as soon as possible. If you have any questions, give me a call at X 2935. Thanks for your help! CT July 13, 1995 TO: KEN QUON, ENGINEERING FROM: DEBBIE FOUNTAIN, HOUSING AND REDEVELOPMENT FINAL SET OF PLANS FOR ALVAREZ FLOWER STAND Attached is the final set of plans for the Alvarez Flower Stand which will be presented to Design Review Board for approval. Please review and forward the final set of Engineering conditions for the project to my office as soon as possible. If you have any questions, give me a call at X 2935. Thanks for your help! JUNE 21, 1995 TO: DEBBIE FOUNTAIN, HOUSING AND REDEVELOPMENT DEPARTMENT FROM: Elaine Blackbum, Planning Department SUBJECT: CONDITIONS OF APPROVAL FOR RP 94-04 - ALVAREZ FLOWER STAND Attached are the conditions of approval for the above referenced project. Per my previous memo, the project is exempt from environmental review under Section 15303 of CEQA (new construction or conversion of small stmctures). If you have any questions, please call me at extension 4471. EB:lh ALVAREZ.COA Rev. 2/21/95 Conditions: 1. The Design Review Board does hereby approve the Minor Redevelopment Pemiit for the flower stand Project entitled "Alvarez Flower Stand", dated , 1995, (Attachments "A" - "B" attached hereto and incorporated by this reference), subject to the conditions herein set forth. Staff is authorized and dkected to make or require the Developer to make all corrections and modifications to the documents, as necessary to make them intemally consistent and conform to Design Review Board's final action on the Project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City 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 fiirther 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 City's approval of this Resolution. 3. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approvai by the Fire Chief and the Planning Director. This project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: Signs 1. 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. Rev. 2/21/95 June 8, 1995 TO: ELAINE BLACKBURN, PLANNING KEN QUON, ENGINEERING FROM: DEBBIE FOUNTAIN, HOUSING AND REDEVELOPMENT DEPARTMENT ALVAREZ FLOWER STAND - RP 94-04 Attached are the fmal set of plans for the Alvarez Flower Stand (RP 94-04). Please review them and forward your list of conditions for the redevelopment permit to my office. It is my intent to present this item to the Design Review Board for approval on July 19, 1995. Therefore, I would appreciate receiving your conditions by no later than June 22, 1995. Thanks for your assistance on this project. If you have any questions/comments, please contact me at extension 2935. FEBRUARY 15, 1995 TO: FROM: Elaine Blackbum, Associate Planner SUBJECT: RP - ALVAREZ FLOWER STAND DEBBIE FOUNTAIN, SENIOR MANAGEMENT ANALYST ^0 Per Gary Wayne's directions, I am forwarding the project file for the above-referenced project application to you. The project was deemed complete for review on January 9, 1995. At that time a "Please review and comment" memo was routed to the various departments. All responses received are in the project file. The Plaiming Department has completed initial review of the application. This application was submitted as the result of a violation notice for the presence of the unpermitted flower stand. The flower stand appears to be a use allowed by right in Subarea 1 (pages 14-15 of the Village Design Manual). For environmental (CEQA) purposes, the flower stand seems to qualify as an exempt project under Section 15303(c). I originally requested that the applicant submit an EIA Part I and the related fee. However, since the project is exempt, I have initiated a refimd of the EIA review fee. The Planning Department has identified two interrelated issues on the project. The first is parking. If the stand is approved at the proposed 345 square feet (enclosed stmcture and covered area), the parking requirement is two spaces. There is no room for two spaces on the site as it is currently designed. If the stand could be moved to the north side of the lot, it might be possible to provide the two required spaces on the south side of the lot. Sufficient turnaround space would have to be provided so that the cars would not back out onto Jefferson. Since the stand has no concrete fotmdation or plumbing, this option may be feasible. The second issue is the building size. Pat Kelly has indicated (memo in file) that the project exceeds the size allowed for a stmcture without a building permit (120 square feet maximum). He has requested that either the structure size be reduced to 120 square feet ^ the applicant must obtain a building permit. Obviously, if the stmcture is reduced to 120 square feet total, only one parking space would be required, thus resolving the parking issue. Last week the applicant instructed me to address all correspondence to him (the applicant) rather than to the attomey. Apparently, the applicant is going to proceed on his own in the future. Since he doesn't speak English, he communicates through Ms. Hope Torres. She can be reached at the flower stand or at her home (434-6682). I hope this adequately explains the current status of the project application. If you have any questions, please call me at extension 4471. EB:lh ALVAREZ.MEM