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HomeMy WebLinkAbout1986-09-03; Design Review Board; Resolution 0801. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 20 21 2% 22 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 080 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR REDEVELOPMENT PERMIT TO ALLOW THE REMODEL OF AN EXISTING FACADE AND EXPANSION INTO ADJOINING COMMERCIAL SPACE AT 201 OAK AVENUE. APPLICANT: 7-ELEVEN AND PEPI'S PIZZA CASE NO.: RP 86-12 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 3rd day of September, 1986, hold a public hearing to consider said application on property described as: That portion of Block 18 of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535 filed in the Office of the County Recorder of San Diego, May 2, 1888. 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 86-12. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review 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 recommends APPROVAL of RP 86-12, based on the following findings and subject to the following conditions: Findings: 1) The project meets the intent of the Village Design Manual and will aesthetically improve the streetscape at the southeast corner of Carlsbad Boulevard and Oak Avenue. 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 16 17 1E 19 2c 21 22 22 24 25 26 27 2e The project is consistent with all City public facility pol- icies and ordinances since: a) b) C) 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 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. Conditions: 1) Approval is granted for RP 86-12, as shown on Exhibit "A", dated July 1, 1986 and Exhibits "B" - "E", dated May 20, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. //// //// DRB RES0 NO. 080 -2 - 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 16 17 1E 1C 2c 21 2; 2: 24 2: 26 2'; 2E 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 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 or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 16, 1986, and the agreement to pay the Growth Management Fee dated 8 1986, copies of which are on file with the City Clerk and are 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. 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' 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 permits. 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 Design Review Board prior to installation of such signs. A uniform sign program for this development shall be Submitted to the Planning Director for his review and approval prior to occupancy of any building. RES0 NO. 080 -3- 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% 12) 13) 14) 15) 16) 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 Directors of Planning and 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. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. Engineering Department: 17) 18) 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 //// DRB RES0 NO. 080 -4- 1 2 3 4 5 6 7 a 9 10 11 1% 12 14 15 16 11 1E 1s 2c 21 22 2: 24 2e 2f 27 2E 19) 20) 21 1 22) 23) 24) 25) 26) 27) //// //// 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 Engineer. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. Improvements shown on Exhibit "A" shall be constructed within 12 months. 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- ings, The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project, The design of all streets and drainage systems shall be approved by the City Engineer prior to issuance of any grading or building permit for this project. The structural section of all streets shall conform to City of Carlsbad Standards based on R-value tests, All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project. //// PC RES0 NO. 080 -5- 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 19) 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 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 Engineering firm) Firm: Address: City, St,: Telephone: BY (Name of Engineer) Date: R.C.E. NO. # 20) The developer shall provide the City with a reproducible mylar The site plan shall reflect the conditions of approval by the copy of the site plan as approved by the Planning Commission. City, The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. Fire Department: 21) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. //// //// //// //// DRB RES0 NO. 080 -6- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 3rd day of September, 1986, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: ATTEST: / JERR: /7 SfiD DESIGN REVIEW BOARD v DRB RES0 NO. 080 BO TIS, Chairperson CHRIS SALOMONE COMMUNITY REDEVELOPMENT MANAGER -7-