HomeMy WebLinkAbout1986-07-23; Design Review Board; Resolution 0772
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DESIGN REVIEW BOARD RESOLUTION NO. 077
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
REDEVELOPMENT PERMIT TO CONSTRUCT TWO SECOND
STORY APARTMENTS OVER 2485 SQUARE FEET OF
LEASABLE RETAIL COMMERCIAL SPACE ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF ELM
AVENUE BETWEEN ROOSEVELT STREET AND STATE
STREET.
APPLICANT : WILL IS
CASE NO: RP-86-9
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 July, 1986, hold a
duly noticed public hearing to consider said application on
property described as:
Lot 12 of Tract 106 of Carlsbad Lands in the City of
Carlsbad according to map thereof No. 1710 filed in the
Office of the County Recorder of San Diego County
December 9, 1919,
WHEREAS, at said hearing, upon hearing and considering al:
testimony and arguments, if any, of all persons desiring to be
heard, said Board considered all factors relating to RP-86-9.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Reviei
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, thc
Board APPROVES RP-86-9, based on the following findings and
subject to the following conditions:
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Findings:
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate commercial and residential development at the
density proposed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Design Review Board has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the Citj
Engineer determines that sewer service is available, and
building cannot occur within the project unless sewer
service remains available, and the Design Review 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.
The Carlsbad School District has written a letter, dated
April 2, 1986, stating that school facilities will be
available to this project,
All necessary public improvements have been provided or
will be required as conditions of approval.
d) 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 requires the construction of the improvements or
facilities listed in the conditions of approval or the paymenl
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reason2
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 il
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 wil:
ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
As conditioned, this project is consistent with the General
Plan, the Village Design Manual, and the Zoning Ordinance.
DRB RES0 NO. 077 -2-
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6) This project was determined to be a Class I11 exemption under
the California Environmental Quality Act.
Conditions:
Approval is granted for RP 86-9, as shown on Exhibits "A" -
"B", dated May 19, 1986, incorporated by reference and on filt
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 thal
the applicant pay the public facilities fee adopted by the
City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code to implement the growth managemeni
system or public facilities phasing plan and to fulfill the
subdivider's agreement to pay the public facilities fee dated
April 2, 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.
The applicant shall provide school fees to mitigate condition:
of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time
of building permit application.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable Cit!
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:
8) 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.
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9)
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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.
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 Design Review Board 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 Director of Building and the Community Redevelopment
Manager.
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.
Prior to issuance of any building permits, the project shall
be redesigned to provide a 24-foot backup behind the garage
and compact parking spaces shall have a minimum width of
eight feet.
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Engineering Conditions:
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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.
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 "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 Cit!
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code,
No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
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
siltation, The developer shall provide erosion control
measures and shall construct temporary desiltation/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 periol
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 b
provided or installed as may be required by the City
Engineer.
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26) 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 improvements 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) Full width alley improvements along the project frontage I
on the northerly property line. Improvements will meet
minimum alley street design criteria, including four foot
wide concrete valley gutter on alley centerline.
B) Wheelchair ramp at the intersection of the alley and Elm
Avenue fronting the project.
C) Public improvements fronting the project that are damaged
or otherwise unacceptable.
27) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
28) The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
29) 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:
"DECLARATION OF RESPONSIBLE CHARGE" I
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.
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30)
31 1
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a revieh
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY
(Name of Engineer)
R.C.E. NO. #
Date:
The developer shall provide the City with a reproducible mylar
copy of the site plan as approved by the Design Review Board
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 and shall be 24" x 36" in
size and of a quality and material satisfactory to the City
Engineer.
The developer shall, prior to the issuance of building
permits, pay the interim traffic fee established by the City
Council. Should a finalized traffic impact fee be in effect
at the time fees are required, the applicant shall pay the
finalized fee,
Fire Conditions:
32) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
33) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
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DRB RES0 NO. 077 -7-
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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 July, 1986, by the following vote, to
wit:
AYES : Commissioners, Rombotis , Hall Holmes and Schlehuber .
D DESIGN REVIEW BOARD
ATTEST. i, n
c - CHRIVSALOMONE
COMMUNITY REDEVELOPMENT MANAGER
DRB RES0 NO. 077 -a-