HomeMy WebLinkAbout1983-02-09; Design Review Board; Resolution 0111
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DESIGN REVIEW BOARD RESOLUTION NO. 011
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A REDEVELOPMENT PERMIT TO REMODEL AND ENLARGE THE EXISTING
DRIVE-THRU RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HARDING STREET, NORTH OF ELM AVENUE. APPLICANT: BAKER BURGER DRIVE-THRU
CASE NO.: RP/CUP 82-11
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 9th day of February, 1983, hold
a duly noticed public hearing to consider said application on
property described as:
Lots 5, 6, 7 and 8 of Block 67, Town of Carlsbad amended, according to map thereof No. 775, filed in the office of the
County Recorder, March 12, 1915.
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/CUP 82-11.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board of the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Design Review Board recommends APPROVAL OF RP/CUP 82-11, based on the following findings and subject to the following conditions:
ngs:
That the proposed project is consistent with the goals of the
Village Design Manual, as discussed in the staff report.
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That the requested use is necessary and desirable for the development of the community, is essentially in harmony with
the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located as discussed in the staff report.
That the site for the intended use is adequate in size and shape to accommodate the use as discussed in the staff report.
That all of the yards, setbacks, walls, fences, landscaping,
and other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood will be
provided and maintained as discussed in the staff report.
That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use as discussed in the staff report.
The project is consistent with all city public facility pol- icies and ordinances since:
a) All necessary public improvements have been provided or will be required as conditions of approval.
b) 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 will not cause any significant environmental
impacts and a Conditional Negative Declaration has been issued
by the Land Use Planning Manager on January 28, 1983 and approved by the Planning Commission on February 9, 1983.
Conditions:
1) Approval is granted for RP/CUP 82-11, as shown on Exhibit(s) A and B, dated February 9, 1983, incorporated by reference and o
€ile in the Land Use Planning office. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the expressed condition that
building permits will not be issued for development of the subject property unless the City Engineer determines that sewe facilities are available at the time of application €or such sewer permits and will continue to be available until time of
occupancy.
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DRB RES0 NO. 011 .2
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3)
4)
5)
This project is approved upon the expressed condition that the applicant shall pay a public facilities fee as required by Cit 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 February 1, 1983, 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 time of building permit issuance.
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
All parking lot trees shall be a minimum of 15 gallons in size.
Al.1 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 Village Design Manual and shall
require review and approval of the Land Use Planning Manager
prior to installation of such signs.
A uniform sign program for this development shall be submitted
to the Land Use Planning Manager for his review and approval prior to occupancy of any building.
Trash receptacle areas shall be enclosed by a 6-foot high
masonry wall with gates pursuant to city standards. Location
of said receptacles shall be approved by the Land Use Planning
Manager.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the
satisfaction of the Land Use Planning Manager and Building and Planning Director.
This redevelopment/conditional use permit is granted for a
period of five years. This conditional use permit shall be reviewed by the Land Use Planning 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 the public health and welfare. If the Land Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend that
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13)
14)
the Design Review Board, after providing the permittee the
opportunity to be heard, add additional conditions to mitigate
the significant adverse impacts. This permit may be revoked at
any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon writter application of the permittee made not less than 90 days prior
to the expiration date. In granting such extension, the Design Review Board shall find that no substantial adverse affect on surrounding land uses or the public's health and
welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding
land uses or the public's health and welfare is found, the
extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Design Review Board may grant.
The existing free-standing sign shall be removed prior to occupancy of the building.
A revised parking lot plan shall be submitted to the Land Use Planning Manager for approval prior to issuance of a building permit. The revised plan shall delete parking spaces 1, 15 and 22 and replace with landscaping and widen space two through fourteen to nine feet.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
lesign Review Board of the City of Carlsbad, California, held on
the 9th day of February, 1983, by the following vote, to wit:
AYES: MARCUS, ROMBOTIS, SCHLEHUBER, MC COY and HOLMES.
NOES: NONE
ABSENT: NONE
LL -- I S, Chairperson
ESIGN REVIEW BOARD
3TTEST :
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ZHRIS SALOMONE ZOMMUNITY REDEVELOPMENT MANAGER
IRB RES0 NO. 01 1 .4