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HomeMy WebLinkAbout1986-06-25; Design Review Board; Resolution 0751 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL A REDEVELOPMENT PERMIT TO DEVELOP AN AUTO BODY AND PAINT SHOP AT 3293 ROOSEVELT STREET IN SUBAREA 4 OF THE VILLAGE REDEVELOPMENT AREA. APPLICANT: GILBERT'S AUTO BODY CASE NO: RP-85-16 DESIGN REVIEW BOARD RESOLUTION NO. 075 6 7 a 9 10 11 12 13 14 15 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 bearing to consider said application on property described as: Lot 30 and 31 in Block 31 of the Town of Carlsbad, California, Map No. 535, filed in the Office of the County Recorder of San Diego, May 2, 1888, 16 17 18 19 20 21 22 23 24 25 26 27 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-85-16. 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-85-16, based on the following findings and subject to the following conditions: Findings 1) The proposed project satisfies all of the development standards of the Village Design Manual and V-R zone. 2) That with implementation of the conditions of Resolution No. 075, the project is compatible with surrounding uses. 28 .' 3 x 5 4 z c c 1 E z 1( 13 12 12 14 1: 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate heavy commercial development at the intensity proposed. The project is consistent with all City public facility pol- icies and ordinances since: a) The Board 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 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. b) All necessary public improvements have been provided or will be required as conditions of approval. c) 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. d) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. This project as mitigated will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on June 7, 1986 and approved by the Board on June 25, 1986. This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided, the project will create an unmitigated burden on existing improvements and facilities. Further, the 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 in 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 will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. IRB RES0 NO. 075 -2- 1 2 3 4 5 6 7 e 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 Conditions: Approval is granted for RP 85-16, as shown on Exhibits "A" -"C", dated June 12, 19 6, 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 upon 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 , 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. Planning Conditions: 7) 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. 8) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Community Redevelopment Manager prior to the issuance of building permits. 9) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. DRB RES0 NO. 075 -3- 1 2 z 4 6 U E 7 € 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) DRB 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 Community Redevelopment Manager 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 Community Redevelopment Manager. 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 the Director of Building. 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. The applicant shall be required to provide a trash receptacle area onsite subject to the approval of the Planning Director, prior to the issuance of building permits. All repair work, painting and storage shall be required to take place inside of the auto body shop building. Unless health and safety requirements deem otherwise, the garage doors and any windows to the auto body and paint shop shall be required to be kept closed during all hours of operation. The doors shall be surrounded by perimeter seals to reduce noise levels at the exterior of the building. The hours of operation for this facility shall be restricted to the time period between 8:OO a.m. to 5:30 p. m., Monday through Saturday, RES0 NO. 075 -4- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 21 22) 23) 24) 25) All project machinery, including air compressors, shall be required to be soundproofed in order to reduce exterior noise levels on adjacent properties to a level of 65 dBA or lower. Should any of the neighbors within the vicinity of this use file a complaint with the City regarding noise nuisance impacts, the applicant shall be required to conduct an acoustical analysis to identify the decibel level of the noise nuisance. If this noise nuisance exceeds the acceptable noise level on adjacent properties of 65 dBA, this noise nuisance shall be required to be mitigated by the property owner. This permit shall be reviewed by the Community Redevelopment 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 tk public health and welfare. If the Community Redevelopment Manager determines that the use has such significant adverse impacts, the Community Redevelopment Manager shall recommend that the Board add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at ar time after a public hearing, if it is found that the use has i significant detrimental effect on surrounding land uses and tk public's health and welfare, or the conditions imposed herein have not been met. All automobiles in for repair, painting or other work at the subject auto body and paint shop shall be required to be parked onsite. No onstreet parking or storage of vehicles shall be allowed. The Roosevelt Street frontage shall be heavily landscaped subject to the approval of the Community Redevelopment Manager. All onsite parking spaces shall be required to comply with minimum parking area standards of 8.5' x 20' for standard parking spaces and 8' x 15' for compact spaces. A total of 1: onsite parking spaces will be required. Of these 13 spaces, i maximum of three may be compact spaces. The concrete block storage shed proposed to be located within the northwest corner of the property is specifically not approved. This storage area shall be required to be located within another portion of the property, where it will not infringe upon the driveway, frontyard or parking spaces. Thir location must be approved by the Community Redevelopment Manager and Fire Marshal. Engineering Conditions: 26) Pretreatment of the sanitary sewer discharge from this projecl 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 DRB RES0 NO. 075 -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 28 27 28) 29) 30) 31 1 32) 33 1 DRB 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 developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "regular grading" k Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the project unlea a letter of permission is obtained from the owners of the affected properties. Prior to hauling dirt or construction materials to any propose 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 siltation. The developer shall provide erosion control measures and shall construct temporary desiltatioddetention 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 perioc 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 Engineer. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. This project shall incorporate grease/oil interceptors on all drainage catch basins, the design of which shall be approved by the City Engineer. RES0 NO. 075 -6- 1 2 z 4 E E 'i € S 1c 17 12 12 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 34) 35) 36) 37) 38 1 39) The developer shall make an offer of dedication to the City fc all public streets and easements required by these conditions or shown on the site development plan. 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. The developer shall obtain the City Engineer's approval of thc project improvement plans prior to issuance of any building permit within this project. The improvements shall be constructed prior to issuance of a Certificate of Occupancy fc any unit within the project. The improvements are: A) Replacement curb, gutter and sidewalk, as well as A. C. pavement on Roosevelt Avenue and Tyler Street. If found defective by the City Engineer and or Public Works inspector. B) Sewer, water, and storm drain facilities to serve this project. C) Necessary driveway aprons on Roosevelt and Tyler Street. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this si1 plan. The developer shall install street lights along all public an( 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 in conformance with City of Carlsbad Standards prioi to occupancy of any buildings, //// //// //// //// //// //// //// DRB RES0 NO. 075 -7- 1 2 3 4 5 E 7 E s 1c 11 12 12 14 15 1E 17 1E 1s 2c 21 2% 23 24 25 26 27 28 40) 41 1 42 1 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 a all times, and shall have posted "No Parking/Fire Lane Tow Awa Zone" pursuant to Section 17,04.040, Carlsbad Municipal code, except as designated on site plan, Exhibit 'A" dated June 3, 1986. 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 signe and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following certificate: "DECLARATION 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 reviek only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm1 Firm: Address: City, st,: Telephone: BY Date: (Name of Engineer) R.C.E. NO, # Fire Conditions: 43) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. //// DRB RES0 NO. 075 -8- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of th- City of Carlsbad, California, held on the 25th day of June, 1986, by the following vote, to wit: AYES : NOES * Commissioner Rombotis , McCoy and Schlehuber. Commissioners Hall, and Holmes ABSENT: None ABSTAIN: None ATTEST: n CHRIS VALOMONE- COMMUNITY REDEVELOPMENT MANAGER DRB RES0 NO. 075 -9-