Loading...
HomeMy WebLinkAbout1991-12-04; Design Review Board; Resolution 1731 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1E 1s 2c 21 22 22 24 25 26 27 28 1 c DESIGN REVIEW BOARD RESOLUTION NO. 173 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A REDEVELOPMENT PERMIT TO CONVERT A DUPLEX STRUCTURE ON PROPERTY GENERALLY LOCATED AT 3050 MADISON STREET. CASE NAME: MADISON COMMERCIAL CASE NO: RP91-5 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 4th day of December, 1991, hold a duly noticed public hearing to consider said application on property described as: Lots 9 and 10 in Block 48 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof Numbers 535 and 775, filed in the office of the County Recorder of San Diego County, May 2, 1888, and February 15, 1894, respectively. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to RP 91-5. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board as follows: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Design Review Board APPROVES RP 91-5, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 1E 17 1E 1s 2c 21 22 2: 24 2E 2c 27 2E 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The project is consistent with the goals and objectives of the Village Design Manual. The project meets all the requirements of the Zoning Ordinance. The engineering analysis by City staff indicates that points of traffic conflict have been mitigated through onsite circulation design, median construction, and movement restrictions on the public street. 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. 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. This project is consistent with the City of Carlsbad's Local coastal Program. ,... DRB RES0 NO. 173 -2 - 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1E 1E 17 1E 1s 2c 21 22 2: 24 25 26 27 2E hnditions: 1. 2. 3. 4. 5. 6. 7. Approval is granted for RP 91-5, as shown on Exhibit(s) 'IA"-"G", dated December 4, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24" x 36", 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 building, grading or improvement plan submittal, whichever occurs first. 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 subdivider's agreement to pay the public facilities fee dated May 29, 1991, 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 will be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal 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. 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. DRB RES0 NO. 173 -3 - 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 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 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. 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. Approval of CDP 91-2 is granted subject to the approval of RP 91-5. 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. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of 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, in substahce as provided in 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 Planning 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 Planning 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. Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of a Master Plan submitted showing existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Department. DRB RES0 NO. 173 -4 - 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 15 1E 17 1€ 1s 2c 21 22 22 24 25 26 27 28 19. 10. 11. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. The developer shall avoid trees that have invasive root systems, produce excessive litter and/or are too large relative to the lot size. Planter width shall be a minimum of four (4) feet, not including curb, footings and/or other paving, and parking overhang. Prior to final occupancy, a letter from a California licensed landscape architect Shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. The minimum shrub size shall be 5 gallons. 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 Planning 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. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. DRB RES0 NO. 173 -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 32. 33. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the water distxict serving the development determines that adequate water and service is available at the time of application for water service and will continue to be available mtil time of OCCUpanCy. If this project is "RECONVERTED" to residential use at some future date, an enclosed garage SHALL be constructed to replace the existing garage that is being demolished during conversion to commercial use. The "new" garage must meet all requirements at the time of "reconversion" to residential, but in case shall it be less than the original, an enclosed two car garage. Fire Conditions: 34. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 4th day of December, 1991 by the following vote, to wit: AYES: Acting Chairman Noble, Board Members: Gonzales, Rowlett, Erwin & Savary. NOES: None. ABSENT: None. ABSTAIN: None. BAILEY NO$ Acting Chaiban DESIGNRE WBOARD ATTEST: LOPMENT DIRECTOR DRB RES0 NO. 173 -6 -