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HomeMy WebLinkAbout1995-08-16; Design Review Board; Resolution 2321 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 DESIGN REVIEW BOARD RESOLUTION NO. 232 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MINOR REDEvEzxlpMENT PERMIT TO ALLOW FOR A FLOWER STAND AT 2815 JEFFERSON STREET FOR A LIMITED PERIOD OF TIME. CASE NAME: ALVAREZ FLOWER STAND CASE NO: RP 94-04 APN: 203-110-29 WHEREAS, Silvino Alvarez ("Developer") has filed a verified application with the Housing and Redevelopment Department of the City of Carlsbad which has been referred to the Design Review Board; and WHEREAS, said verified application constitutes a request for a Minor Redevelopment Permit (94-04) as provided by Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board, on the 16th day of August, 1995, did hold a duly noticed public meeting to consider said-application on property described as: Parcel 1: The Southeasterly 50.0 feet of the Northwesterly 241 feet of Lot 48 of the Seaside Lands, according to the Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921; except the southwesterly 120 feet. Parcel 2: The Southeasterly 15.0 feet of the Northwesterly 191.0 feet of Lot 48 of Seaside Lands, according to the Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921; except the Southwesterly 120.0 feet. WHEREAS, at said public meeting, said Design Review Board considered all factors relating to Minor Redevelopment Permit 94-04. 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 DRB RESO. NO. 232 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public meeting, the Design Review Board hereby APPROW Minor Redevelopment Permit, RP 94-04, based on the following findings and subject to the following conditions: FINDINGS: 1. 2. 3. 4. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. , The Project qualifies as a Minor Redevelopment Permit under Chapter 21.35 of the Carlsbad Municipal Code because the project involves a structural change which costs less than $50,000. The project is consistent with the goals and objectives of the various elements of the General Plan because it assists in the effort to create a distinct identity for the Village Redevelopment Area by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retail shops. The project is consistent with the City-wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that, if sewer service is required for the subject project, the necessary building permits will not be issued, or building official approval shall not be granted, for the flower stand project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer 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. 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 - DRB Resolution No.= Page 3 5. 6. 7. 8. 9. b) All necessary public improvements have been provided or are required as a condition of approval. c) The Developer 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 project has been conditioned 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 the Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Design Manual because it will continue to provide for a temporary use which is an encouraged use and is permitted by right within Subarea 1 of the Village Redevelopment Project Area, if it has received all applicable permits and licenses. The project is in accordance with the applicable provisions of the Carlsbad Municipal Code as demonstrated by the processing of the appropriate discretionary permits, maintenance of compatibility with surrounding land uses, and the provision of adequate parking and landscaping. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. CONDITIONS: 1. The Design Review Board does hereby approve the Minor Redevelopment Permit, RP 94-04, for the project entitled "Alvarez Flower Stand". (Exhibits "A" & "B", dated July 10, 1995 are on file in the Housing and Redevelopment Department), subject to the conditions 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - DRB Resolution No. 232 Page 4 2. 3. 4. 5. .... .... .... .... herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Minor Redevelopment Permit documents, as necessary to make them internally consistent and conform to the Design Review Board's final action on the project. Development shall occur substantially as shown on the approved exhibits, with the exception that the overhang/patio portion of the buildq structure, which is equal to three hundred (300) square feet of buildq structuxe, shall be removed if the applicant is unable to meet applicable building codes related to the entire building structure of four hundred twenty (420) square feet. By this Resolution, the applicant is permitted to reduce the total building structure size to one hundred twenty (120) square feet if deemed necessary and appropriate to obtain approvals for the subject building structure from the City's Building Official. Any proposed development substantially different from this approval shall require an amendment to the approval. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. The Developer shall include, as part of the plans submitted for any permit plan check or building official approval, a reduced, legible version of the approving resolutions on a 24" X 36" blueline drawing. If sewer service is required for the subject project, building permits will not be issued, or building official approval will not be granted, for development of the subject project unless the District Engineer determines that sewer facilities are available at the time of application for sewer permits for any required sewer service and will continue to be available until time of occupancy. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) 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. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 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 DRB Resolution N0.m Page 5 .... .... .... 6. 7. 8. 9. .... .... .... .... This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits for this project, including but not limited to the following: a) All development within Zone 1 shall pay the required Carlsbad Municipal Water District Fees, if applicable. 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. This Minor Redevelopment Permit is granted for a period of five (5) years or until the subject property is sold and/or there is a change in title for the property. This Minor Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine if all conditions of the permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after action by the Design Review Board at a public meeting, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This approval shall become null and void if applicable building permits are not issued for this project, or formal approval is not received from the City’s Building Oficial, within six (6) months from the date of project approval. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 232 Page 6 10. If any of the foregoing conditions fails to occur; or, if they are, by their terms, to be implemented and maintained over time; if any such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the Agency’s approval of this Resolution. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 1. 2. 3. 4. .... .... .... .... Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code, if the building structure exceeds one hundred (120) square feet and/or the City’s Building official deems the improvements to be necessary and appropriate for the project as proposed or permitted to be amended by this Resolution. 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 the existing building so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 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 DRB Resolution No. 232 Page 7 5. The Developer shall be responsible for all fees, deposits and c,,arges which will be collected before and/or after the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation, if a meter is permitted to be installed on the property for the subject project or building structure. 6. This project is approved upon the expressed condition that building permits, if applicable, will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits and will continue to be available until time of occupancy, if the subject facilities are required for the approved project. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 16th day of August, 1995 by the following vote to wit: AYES: Welshons, Vessey, Marquez, Savary NOES: None. ABSENT: Noble. ABSTAIN: None. KIM WELSHONS, VICE-CHAIRPEE3ON DESIGN REVIEW BOARD ATTEST: / -- \I EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR