HomeMy WebLinkAbout1986-04-23; Design Review Board; Resolution 072.
*
1
2
2
4
E; Y
6
7
E
s
1c
11
12
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DESIGN REVIEW BOARD RESOLUTION NO. 072
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING A REDEVELOPMENT PERMIT TO
EXPAND AND RENOVATE AN EXISTING SERVICE STATION ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ELM AVENUE AND HARDING STREET.
APPLICANT: UNION OIL CASE NO.: RP/CUP 86-7
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 23rd day of April, 1986, hold
duly noticed public hearing to consider said application on
property described as:
Lots 29-32, Block 56, Map 775, Town of Carlsbad
amended.
WHEREAS, at said hearing, upon hearing and considering a1
testimony and arguments, if any, of all persons desiring to be
heard, said Board considered all factors relating to RP/CUP 86-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Revie
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 DENIES RP/CUP 86-7, based on the following
findings:
Findings:
1) The proposed project does not meet the goals of the Village Redevelopment area for developments with high traffic volumes The proposed redesign of the site will increase traffic congestion on the site.
////
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2%
2) The proposed project does not meet the requirements of the
Zoning Ordinance by proposing seven parking spaces rather
than the required 12 spaces.
The proposed project does not meet engineering standards required for safe traffic circulation onsite. 3)
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 23rd day of April, 1986, by the following vote, to wit:
AYES: Commissioners Rombotis , Hall , Holmes, McCoy and
NOES : None
Schlehuber .
JOHN MC COY, Chairperson CARLSBAD DESIGN REVIEW BOARD
ATTEST %) n
CHRIS MLOMONE COMMUNITY REDEVELOPMENT MANAGER
DRB RES0 NO. 072 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
DESIGN REVIEW BOARD RESOLUTION NO. 072
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR
REDEVELOPMENT PERMIT/CONDITIONAL USE PERMIT TO EXPAND AND RENOVATE AN EXISTING SERVICE STATION ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF ELM AVENUE AND HARDING
APPLICANT: UNION OIL
WHEREAS, a verified application has been filed with the
STREET IN SUBAREA 1 OF THE V-R ZONE.
CASE NO.: RP/CUP 86-7
ity of Carlsbad and referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request
s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
he Design Review Board did, on the 28th day of May, 1986, hold a
uly noticed public hearing to consider said application on
lroperty described as:
Lots 29-32, Block 56, Map 775, Town of Carlsbad amended.
WHEREAS, at said hearing, upon hearing and considering all
estimony and arguments, if any, of all persons desiring to be
eard, said Board considered all factors relating to RP/CUP 86-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
oard of the City of Carlsbad as follows:
1 That the above recitations are true and correct.
1 That based on the evidence presented at the public hearing, the Board recommends APPROVAL of RP/CUP 86-7, based on the following findings and subject to the following conditions:
indings:
1 The project meets the intent of the Village Design Manual and will aesthetically improve the streetscape along Elm Avenue
on a highly visible site.
1 ., ..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The project is consistent with all City public facility pol-
icies and ordinances since:
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 will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 7, 1986 and approved by the Design Review Board on May 28, 1986.
Conditions:
Approval is granted for RP/CUP 86-7, as shown on Exhibits "A" - I1 F I1 , dated May 20, 1986, incorporated by reference and on
f i 1 e in the P1 anni ng 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 note Shall be placed on the final
map.
DRB RES0 NO. 072 -2-
I
L
5
4
F
E
r 1
E
s
1C
11
12
12
14
It
1E
17
1E
19
2c
21
22
23
24
25
26
27
28
This project also approved under the express condition that the applicant pay the additional public facilities fee adopted by the City Counc 1 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 May 13, 1986 a copy of which is on
file with the City Clerk and is incoporated 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 Village Design Manual 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.
Plannina DeDartment:
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 permi t s.
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 Planning Director 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 Planning
Director.
////
ORB RES0 NO. 072 -3-
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
12) 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.
13) This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Planning Director 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 surround- ing properties or the public health and welfare. If the Planning Director determines that the use has such significant
adverse impacts, the manager shall recommend that the Planning Commission, 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
written application of the permittee made not less than 90
days prior to the expiration date. In granting such extension, the Planning Commission 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 Planning Commission
may grant.
.4) 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.
.5) 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 establ i shed 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.
IRB RES0 NO. 072 -4-
I
2
7
4
C c
E
7
E
S
1c
11
12
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Automotive repair work Shall be confined to the interior lube bays. Automotive work is strictly prohibited from being conducted in open parking areas or driveways; such a use shall be cause for revocation of the conditional use permit.
Uses permitted onsite are limited to automobile service and repair, the sale and dispensing of petroleum products, and thf sale of automobile service care products. The sale, rental or lease of trailers, trucks, automobiles or recreational VeChiCleS is strictly prohibited.
The appl i cant shall be respons agreement to provide four offs satisfaction of the Design Rev
All displays and storage Shall structure.
ble for entering into an te parking spaces to the ew Board.
be contained within the main
The applicant Shall provide a statement establishing a maintenance schedule and the responsibility for maintenance of landscaped areas to the satisfaction of the Planning Director prior to the issuance of building permits. Failure to maintain the landscaped areas in a healthy and weed-free manner may necessitate review and/or repeal of this CUP by the Design Review Board.
Engineering Department:
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 capacity is available at the time of application for such permits and will continue to be available until time of occupancy.
Pretreatment of the sanitary sewer discharge from this project 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 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
deve by s grading for this project is defined as "regular grading" ection 11.06.170(a) of the Carlsbad Municipal Code. The loper shall submit a grading plan for approval which shall include all required drainage structures and any required The developer shall also submit on reports if required and shall of Chapter 11.06 of the Carlsbad
erosion control' measures. soils, geologic or compact comply with all provisions Municipal Code.
RES0 NO. 072 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2%
No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site
if located within the city limits.
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
si1 tation. The developer shall provide erosion control
measures and shall construct temporary desil tation/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
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
Engi neer.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engi-
neer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit
for this project.
The developer shall make an offer of’dedication to the City
for all public streets and easements required by these
conditions or shown on the Site Development Plan. The offer
shall be made prior to issuance of any building permit for this project. 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.
id$’RESO NO. 072 -6-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement
with the City for completion of said improvemfnts prior to
issuance of any building permit within this project. The
improvements shall be constructed and accepted for maintenance
by the City Council prior to issuance of a Certificate of
Occupancy for any unit within the project. The improvements
are:
a) A drainage structure to serve this project; b) Reconstruction of curb, gutter, and sidewalks adjacent to
3 ) Access ramps at street and alley corners; d) Alley reconstruction adjacent to this project.
this project;
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- i ngs.
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
at all times, and shall have posted "NO Parking/Fire Lane Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
///
///
///
/// RB RES0 NO. 072 -7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9) 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:
IIDECLARATION 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 Engineer1 ng fi rm)
Firm:
Address:
City, St.:
Telephone:
BY Date: (Name ot Engineer)
R.C.E. NO. #
0) The developer shall provide the City with a reproducible mylar
copy of the site plan as approved by the Planning Commission, The site plan shall reflect the conditions of approval by the
City. The plan copy shall be submitted to the City Engineer
prior to improvement plan submittal .
1) The phone booths shall be relocated 5' away from parking bay
or driveway access. The location of which shall be approved by the Planning Director prior to issuance of building permits.
2) The tandem parking adjacent to the alley on the southwest
corner of this project is specifically not approved.
3) The first parking space adjacent to Harding Street is specifically not approved. The applicant shall increase the landscaping in this area to offset the loss of landscaping el sewhere onsite.
RB RES0 NO. 072 -8-
- I/ ,.
2
3
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
4) Prior to issuance of building permits, the applicant shall assign employee parking spaces and post with appropriate
signs. 1
45) The phone booth relocation is specifically not approved.
Five foot clear access must be provided to the opening of the
phone booth exclusive of parking bays, and driveways.
'ire Department:
46) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire Department.
3uil di ng Department:
47) A grease interceptor shall be installed to the satisfaction
48) A permit for exposed gas vent pipes shall be obtained from
of the Building Director.
the Air Pollution Control Board and shall be boxed in or
concealed in a manner approved by the Building Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
lesign Review Board of the City of Carlsbad, California, held on
the 28th day of May, 1986, by the following vote, to wit:
A Y E S : Commissioners Hall, Holmes, McCoy, and Schlehuber .
NOES: None
ABSENT: None
ABSTA1N:None
!
JERRY ROMBOTIS, Chairperson
CARLSBAD DESIGN REVIEW BOARD
23
5 w IS SALOMONE OMMUNITY REDEVELOPMENT MANAGER
RB RES0 NO. 072 -9-