HomeMy WebLinkAbout1987-08-05; Design Review Board; Resolution 103!
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DESIGN REVIEW BOARD RESOLUTION NO. 103
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A MINOR REDEVELOmNT PERMIT TO AIiWW THE REFURBISHMENT OF AN EXISTING
RESTAURANT AT 2747 CARLSBAD BOULEVARD TO INCLUDE
REBUILDING THE FRONT DECK, ENCLOSING AND EXTENDING THE REAR DECK, AND PROVIDING HANDICAPPED RESTROOMS. APPLICANT: GABRIEL CHAMS1
CASE NO.: RP 87-7
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 provision so of the Municipal
Code, the Design Review Board did, on the 5th day of August,
1987, hold a duly noticed hearing to consider said
application on property described as:
That portion of Block 6 of Town of Carlsbad Amended according to Map thereof No. 775, filed in the Office of the County Recorder.
WHEREAS, said Board considered all factors relating to
RP 87-7.
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 hearing the Board APPROVED RP 87-7, based on the following findings and conditions.
FINDINGS :
1) The project complies with the overall goals of the Village Design Manual and the development standards of the V-R Zone.
2) The project is consistent with all City public facility policies 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
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3)
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unless the City 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.
All necessary public improvements have been provided or will 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. 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 an 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 pubic facilities and will mitigate any cumulative impacts created by the project.
The project is consistent with the provisions of Chapter
21.90 of the Carlsbad Municipal Code and the plans adopted pursuant of this Chapter or has signed an agreement to be subject to such plans when they are adopted.
If the improvements or facilities are not
CONDITIONS
1) Approval is granted for RP 87-7, as shown on Exhibits rrArr - Vrg, dated July 14, 1987, incorporated by reference and on file in the Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that 2) DRB RESO. NO. 103
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building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the tie of application for such sewer permits and will continue to be available until time of occupancy. be placed on the final map.
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 July 28, 1987 and the agreement to pay the Growth Management Fee dated July 28, 1987, 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.
This note shall
3)
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PLANNING DEPARTMF,NT:
The applicant shall prepare a 24l x 36l' reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to approved by the Redevelopment Manager prior to the issuance of building permits.
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Redevelopment Manager prior to the issuance of building permits.
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 Redevelopment Manager prior to installation of such signs.
10) Trash receptacle areas shall be enclosed by a six foot high masonry wall with gates pursuant to City standards.
RES0 NO. 103
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Location of said receptacles shall be approved by the Redevelopment Manager.
All roof appurtenances, including air conditioners, shall be architecturally integrate 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 Redevelopment 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 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. invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law.
If any such condition is determined to be
The approval of RP 87-7 is dependent upon the continuing availability of the 41 parking spaces adjacent to the site. The agreement between the applicant and the property owner regarding said parking shall be to the satisfaction of the Redevelopment Manager.
No more than 1,150 square feet of the brick patio ra may be used for dining area.
ENGINEERING
Prior to hauling construction materials to the site the developer shall submit to and receive approval from the City Engineer for the proposed haul route. developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
The
The developer shall enter into a lien contract for the future improvement of full half street improvements of Carlsbad Boulevard adjacent to the project prior to the approval of a building permit for this project. These improvements are to be a part of the Carlsbad Boulevard Streetscape Enhancement Project.
Prior to any building permit being issued for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the project into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1.
RESO. NO. 103
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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 5th day of August, 1987, by the following vote, to
wit:
AYES : Board Members, Rombotis, Hall, Holmes, McCoy, McFadden
NOES :
ABSENT:
ABSTAIN:
ATTEST:
c
CHRIS ~.hIOMONE COMMUNITY REDEVEIXPMENT MANAGER
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DRB RESO. NO. 103