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HomeMy WebLinkAbout1991-12-18; Design Review Board; Resolution 1771 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 REMEW BOARD RESOLUTION NO. 177 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A REDEVELOPMENT PERMIT TO DEMOLISH THE EXISTING RETAIL USE AND CONSTRUCT A TWO STORY RETAIL BUILDING OF 3,000 SQUARE FEET ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ROOSEVELT BETWEEN CARLSBAD VILLAGE DRiVE AND GRAND AVENUE AT 2933 ROOSEVELT STREET. CASE NAME: GAMETOWNE CASE NO: RP 91-8 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 18th day of December, 1991, hold a duly noticed public hearing to consider said application on property described as: Lots 21 and 22, Block 34 of Town Carlsbad, in the City of Carlsbad, County of San Diego, according to Map No. 535 as recorded on May 2, 1888. 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 91-8. 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 of RP 91-8, based on the following findings and subject to the following conditions: 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 Fhb: 1. 2. 3. 4. 5. 6. 7. 8. ... The project is consistent with the goals and objectives of the Village Redevelopment Plan and Village Design Manual because the project provides a specialty retail use while enhancing the architectural aesthetics of the area as encouraged for the Village Center special treatment area within Sub-area 1 of the Carlsbad Redevelopment Area and all applicable development standards and design criteria are being incorporated into the project. The project is consistent with the goals and objectives of the various elements of the General Plan because the project is consistent and compatible with the Central Business District land use designation for the area. The project meets all the applicable requirements of the Zoning Ordinance including the provision of adequate parking and landscaping and no variances are required for the project. The proposed project will contribute to the economic revitalization of the Redevelopment Area by substantially redeveloping and enhancing the project site. AU 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 will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 7, 1991 and recommended for approval by the Design Review Board on December 18,1991. In approving this Negative Declaration the Design Review Board has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 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. DRB RES0 NO 177 -2- 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 9. 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. Conditions: 1. 2. 3. 4. 5. 6. ... ... Approval is granted for RP 91-8, as shown on Exhibits "A" - "E", dated December 18, 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 applicant's agreement to pay the public facilities fee dated July 19, 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 May25, 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. DRB RES0 NO 177 -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 28 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ... 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. 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. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 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 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 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 landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. DRE3 RES0 NO 177 -4- 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 17. 18. 19. 20. 21. 22. 23. 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. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and Village Redevelopment signage regulations 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 pennit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24" x 36" blueline drawing. This development has provided 10 parking spaces. Any use or uses which requires more than 10 parking spaces to be provided (per section 21.44 (Parking) of the Zoning Ordinance shall be prohibited. No restaurant, food Service, medical/dental/chimpractic/psycho therapy uses shall be allowed with this project. The enclosed garage space containing two spaces shall be used for employee parking only. Any conversion of this space to a use other than employee parking is specifically prohibited. lbszineerin~ Conditions: 24. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this Redevelopment Permit. 25. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 26. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 27. Prior to or concurrently with issuing a building permit, the applicant shall obtain a right-of-way permit for the work of removing the driveway approach and replacing with curb, gutter, and sidewalk matching the existing streetscape design as shown on the site plan. Prior to occupancy the work in the public rightaf-way shall be completed to the satisfaction of the City Engineer. DRB RES0 NO 177 -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 Fire Conditions: 28. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 29. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing hydrants. 30. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 31. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Carlsbad Muniu~al Water District: 32. 33. 34. ... ... ... ... ... ... ... ... The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. The developer's engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. DRB RES0 NO 177 -6- 1 2 3 4 5 6 7 a 9 10 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c .-4 PASSED, APPROVED? AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 18th day of December? 1991, by the following vote, to wit: AYES: Chairman Noble, Board Members: Gonzales, Rowlett, Erwin, & Savary. NOES: None. ABSENT: None. ABSTAIN: None. , Chairman' DESIGN ATTEST: COMMUNITY REDEVELOPMENT DIRECTOR DIU3 RES0 NO 177 -7-