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HomeMy WebLinkAbout1988-02-17; Design Review Board; Resolution 1091 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 DESIGN REVIEW BOARD RESOLUTION NO. 109 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REDEVELOPMENT PERMIT TO DEVELOP AN 1800 SQUARE FOOT RETAIL USE WITH AN ADDITIONAL 780 SQUARE FEET OF STORAGE SPACE ON PROPERTY LOCATED AT 2685 STATE STREET. APPLICANT: CALVERT CASE NO. : RP 87-8 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 17th day of February, 1988, hold a duly noticed public hearing to consider said application on property described as: The southerly 51 feet of Lot 6 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. 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 87-8. 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 public hearing, the Board recommends APPROVAL RP 87-8, based on the following findings and subject to the following conditions: Findinss : 1. The project complies with the overall goals of Subarea 3 of the Village Design Manual and the development standards of the V-R zone. 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 2. 3. 4. 5. 6. 7. 8. 9. 10. The project has been redesigned to delete the proposed three second story residential units, thereby making it more compatible with surrounding uses, and to provide adequate onsite parking, as discussed in the staff report. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate retail development at the density proposed. 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 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 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. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for commercial development on the General Plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on January 27, 1988, and approved by the Design Review Board on February 17, 1988. 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 Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. //// DRB RES0 NO. 109 -2- 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 Conditions: 1. 2. 3. 4. 5. 6. Approval is granted for RP 87-8, as shown on Exhibits I1Avt- IrEI1, dated January 13, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The applicant shall prepare a 24" x 36Il reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Redevelopment Director prior to the issuance of building permits. 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 July 28, 1987 and as amended from time to time, 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 subdividerls agreement to pay the public facilities fee dated August 13, 1987, and the agreement to pay the Growth Management Fee dated August 13, 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. 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 project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September 1, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. General Plannina & Leaal Conditions: 7. 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 DRB RES0 NO. 109 -3- 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 20 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 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. 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. 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 Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Redevelopment 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. An exterior lighting plan including parking areas shall be submitted for Redevelopment Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 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 Redevelopment Director. The applicant shall prepare a detailed landscape and irrigation 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 at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Redevelopment Director prior to installation of such signs. 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. //// DRB RES0 NO. 109 -4- 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 18. 19. 20. -21. Prior to issuance of a grading or building permit, whichever occurs first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the Planning Department. This project is approved subject to the condition that the 780 square foot storage area be used exclusively for storage. No commercial office, residential, or other non storage uses are allowed within this area. This project is approved subject to the condition that the two onsite parking spaces (3 and 4) located within the garage be available for public use. In accordance, these spaces shall be clearly labeled for public parking. The doors of the garage that these spaces are located within shall remain open during business hours of the retail use. The second story window facing State Street where the storage area is located shall be replaced by an opaque architectural feature such as a dormer, shutter, or translucent glass. Ensheerins Conditions: 22. 23. 24. 25. This project may require a grading permit. The applicant shall conform to Chapter 11.06 of the Carlsbad Municipal Code (Excavation and Grading). Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. Prior to issuance of a Certificate of Occupancy, the applicant shall repair or replace all broken or defective curb, gutter, or sidewalk adjacent to the project. A note to this effect shall be placed on the building plans for this project. All telephone and electric utilities to serve this site shall be from an underground service point. The relocation of light pole shall include underground service. Fire Conditions: 26. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. DRB RES0 NO. 109 -5- 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 16 17 1E 18 2c 21 22 23 24 25 26 27 28 Costa Real Municipal Water District Conditions: 27. Prior to the issuance of building permits, the entire water system for subject property shall be evaluated in detail to ensure adequate capacity for domestic landscaping and to ensure that fire flow demands are addressed. 28. The applicant's engineer shall be required to schedule a meeting with the Water District Engineer to review the preliminary water system layout prior to preparation of the water system improvement plans. PASSED, APPROVED, AND ADOPTED at a regular meeting of the lesign Review Board of the City of Carlsbad, California, held on :he 17th day of February, 1988, by the following vote, to wit: ii C' \< f AYES: Board Members, Rombotis, Hall, McCoy, McFadden, Schramm NOES : ABSENT : ABSTAIN : ---- 'OMMUNITY REDEVELOPMENT MANAGER DRB RES0 NO. 109 -6-