HomeMy WebLinkAbout1986-06-11; Design Review Board; Resolution 0734
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DESIGN REVIEW BOARD RESOLUTION NO. 073
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL A
REDEVELOPMENT PERMIT TO CONSTRUCT A 5700 SQUARE FOOT
WAREHOUSE AND ADD 1,000 SQUARE FEET OF OFFICE TO AN
EXISTING BUILDING AT 3235 TYLER STREET.
APPLICANT: PUCCI
CASE NO: RP-86-5
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 25th day of June, 1986,
hold a duly noticed public hearing to consider said application on
property described as:
Portions of Lots 6 and 7 of the industrial tract in the
City of Carlsbad as per map 1743 filed January 3,
1923,
WHEREAS, at said 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-86-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design
Review Board of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Board recommends APPROVAL RP-86-5, based on the following
findings and subject to the following conditions:
Findings:
1) The project is consistent with the goals and objectives of
the Village Design Manual.
2) The project meets the goals of subarea four of the Village
Design Manual for the reasons stated in the staff report.
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The project is consistent with all city public facility
policies and ordinances since:
A)
B)
C)
D)
All necessary public improvements have been provided for
or will be required as conditions of approval.
The Board has, by inclusion of an appropriate condition 1
this project, ensured building permits will not be issuec
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 Board 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 inclusioi
of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the fei
will enable this body to find that public facilities wil:
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 April 23, 1986 and approved by the Desi!
Review Board on June 25, 1986.
This project requires the construction of the improvements 01
facilities listed in the conditions of approval or the paymei
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reasoi
stated in the staff report. If the improvements or facilitic
are not provided, the project will create an unmitigated
burden on existing improvements and facilities. Further, thc
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 .
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 wi:
ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
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DRB RES0 NO. 073 -2-
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Planning Conditions:
Approval is granted for RP 86-5, a shown on Exhibits "A" -
"B", dated May 14, 1986, incorporated by reference and on file
in the Planning 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 project is also approved under the express condition that
the applicant pay the additional public facilities fee adopted
by the City Council 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 7, 1986, a copy of which
is on file with the City Clerk and is 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.
This approval shall become null and void if building permits
are not issued for this project within one year from the date
of project approval.
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'x36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Community Redevelopment Manager prior to the issuance of
building permits.
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 Community Redevelopment Manager and Building Director.
RES0 NO. 073 -3-
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10)
11)
12)
13)
14)
151
Landscaping shall be provided adjacent to Tyler Street
subject to the approval of the Community Redevelopment
Manager prior to occupancy of the new building.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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.
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 established 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.
A noise study shall be funded by the applicant at the request
of the Community Redevelopment Manager The Community
Redevelopment Managermay request such study upon the receipt
of a verified complaint from surrounding residents or
business. Any mitigation measures resulting from such noise
study may be incorporated into the project by the Planning
Department.
Engineering Conditions:
16) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
17) The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
18) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
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19)
20)
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22)
231
24)
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27)
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29)
A separate grading plan shall be submitted and approved and i
separate grading permit issued for the borrow or disposal si1
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 wit1
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
Additional drainage easements and drainage structures shall 1
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer. Prior to issuance of Building or grading permits, the
applicant shall receive permission to drain across the AT&SF
railroad property.
Prior to issuance of building or grading permits, a hydraulit
study for the proposed drainage system shall be approved by
the City Engineer.
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.
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 sidewalks along all public streel
frontages in conformance with City of Carlsbad Standards pri(
to occupancy of any buildings if required by the City
Engineer.
The developer shall comply with all the rules, regulations ai
design requirements of the respective sewer and water agencic
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 To1
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
Prior to issuance of building or grading permits, the
applicant shall receive approval of a lot line adjustment as
required by the City Engineer.
The clear space between the proposed two-story office additic
adjacent to Tyler Street shall be at least 15 feet wide to
provide for adequate Fire Department access.
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DRB RES0 NO. 073 -5-
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Fire Conditions:
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32)
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34)
35)
Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department .
Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
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.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approva
prior to construction.
All roof-top appurtenances shall be architecturally integrate
into the design of the building and shielding to prevent nois
and visual impacts, subject to approval before issuance of
permit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 11th day of June, 1986, by the following vote, to wit:
AYES: Commissioners Holmes, McCoy and Shlehuber
NOES: None
ABSENT: None
ABSTAIN: None
COMMUNITY REDEVELOPMENT MANAGER
DRB RES0 NO. 073 -6-