HomeMy WebLinkAbout2001-11-26; Design Review Board; Resolution 279c
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DESIGN REVIEW BOARD RESOLUTION NO. 279
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
VARIANCES FOR FRONT AND REAR YARD SETBACKS WHICH EXCEED
THE MAXIMUM STANDARD RANGE AND ROOF ELEMENTS ON THE
INTERIOR OF THE PROJECT THAT ARE BELOW THE MINIMUM 5:12
ROOF PITCH, FOR A NEW SELF-STORAGE FACILITY ON PROPERTY
LOCATED ON THE WEST SIDE OF TYLER STREET BETWEEN PINE
AVENUE AND WALNUT AVENUE IN LAND USE DISTRICT 6 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
APN:
REDEVELOPMENT PERMIT NUMBER RP 01-09, INCLUDING
CARLSBAD VILLAGE SELF STORAGE
204-070-0 1 thru07 and 204-0 10- 1 1 & 12
CASE NO: RP 0 1-09
WHEREAS, “B, Inc., a corporation, “Developer”, has filed a verified application
with the Redevelopment Agency of the City of Carlsbad regarding property owned by,
Oceanside Glasstile and Soils Organic Solutions, Inc., “Owners”, and known as Assessor
Parcel Number 204-070-01thru07 and 204-010-118~12, and more thoroughly described in
Attachment A, “the property”; and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits “A-I” dated November 26,2001, on file in the Housing and Redevelopment
Department, “Carlsbad Village Self Storage Rp 01-09”, as provided by Chapter 21.35.080 of
the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 26* day of November 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Board considered all factors relating to
“Carlsbad Village Self Storage RP 01-09”.
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NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Carlsbad Village Self Storage RP 01-
09, based on the following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein for setback and roof pitch variances, is in conformance
with the Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment
Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on
the facts set forth in the staff report dated November 26, 2001 including, but not limited
to the following:
a. The project is consistent with the Carlsbad General Plan in that it provides
for a light industrial use in an appropriate location within the Village. The
use serves to enhance the shopping, working and living environment of the
Village by meeting the off-site storage needs of both residents and businesses.
The project provides new economic incentives in the area through the
redevelopment of an underutilized and blighted property. Finally, the
project design reinforces the Village character and assists with the effort to
create a distinct identity for the Village as an area which provides a wide
variety of uses.
b. The project is consistent with Village Redevelopment Master Plan and
Design Manual in that, as set forth in the Village Master Plan, storage
building/warehouse is classified as a permitted use in Land Use District 6.
c. The project as designed is consistent with the development standards for
Land Use District 6, the Village Design Guidelines and other applicable
regulations set forth in the Village Master Plan and Design Manual, with the
exception of the requested variances.
d. The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation
have been designed in relationship to the land use and available parking.
Pedestrian circulation is provided through pedestrian-oriented building
design, landscaping, and hardscape. Public facilities have been or will be
constructed to serve the proposed project. The project has been conditioned
to develop and implement a program of “best management practices’’ for the
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elimination and reduction of pollutants which enter into and/or are
transported within storm drainage facilities.
e. The proposed project will not have an adverse impact on any open space
within the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area
and the City’s Landscape Manual.
2. The Design Review Board finds as follows to allow for variances for front and rear
yard setbacks that exceed the standard range:
a. That the application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development inconsistent
with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
that the general purpose and intent of the Carlsbad Village Area Redevelopment
Plan is to create development standards and design guidelines for the Village
that result in projects that can co-exist in a mixed-use environment. The
increased setbacks along the front and rear of the property work toward this
purpose by creating an aesthetically pleasing light industrial project in a mixed-
use area.
b. That there are exceptional circumstances or conditions unique to the property or the
proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that
successful operation and improved security of the self-storage project warrants
the need for security gates along the ingress and egress of the project. In order
to provide parking for customers of the project and not impact street parking,
parking spaces must be provided along the front of the proposed project. In
order to provide the required number of parking spaces and the required
landscape setback between the parking and the front property line, the front
building setback must be increased. In addition, industry standards dictate the
interior size of the individual self-storage units. Adding square footage to the
building in order to meet the rear yard setback standard does not make
economic sense and would only increase lot coverage.
c. That the granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area, in that the
additional setback allows a greater landscape buffer between the proposed use
and the mixed use district on the east side of Tyler Street, thus increasing the
livability of the area and reducing impacts to surrounding properties. Similar is
true for the increased setback along the rear of the property. The additional
landscape buffer along the railroad right-of-way both shields and breaks up the
rear fasade of the building as viewed from the railroad right-of-way.
d. That the granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that the standards established in the
Village Master Plan and Design Manual were intended to be somewhat flexible
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in order to encourage diversity and variety of development and to take into
consideration the unique objectives of each land use district found within the
Village Redevelopment Area. In this case, the increased setback is consistent
with the goals and objectives for Land Use District 6 which encourage the
provision of substantial landscaping along the front of the property to provide
for a greater transition between the light industrial uses in District 6 and the
residential and commercial uses of adjacent District 5.
e. The project is in a location that is in close proximity to the mixed-use district on
the east side of Tyler and the higher density residential zones located south of
Walnut Avenue. The increased setback on the front of the property creates a
substantial landscape buffer between the project and the adjacent street and
serves to protect the livability of the existing residential development in the area.
Similarly, the increased setback on the rear of the property serves to buffer the
view of the proposed project from the adjacent railroad right-of-way.
3. The Design Review Board finds as follows to allow for roof elements on the interior of
the project that are less than the minimum 512 standard:
a. That the application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development inconsistent
with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
that strict adherence to the minimum 512 roof pitch across the entire building
would result in a significantly taller structure than is permitted in this district.
This increase in height would be inconsistent with the development standards
for Land Use District 6 and would not result in an overall aesthetic improvement
to the project as viewed from the exterior of the property.
b. That there are exceptional circumstances or conditions unique to the property or the
proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that the
nature of the proposed use warrants the need for internal circulation between
the two buildings. Since the internal circulation cannot be viewed from the
exterior of the project, the incorporation of a 512 roof pitch along the interior of
the project does not justify the significant financial increase to the cost of the
project, which makes this a condition unique to the proposed development.
c. That the granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area, in that the
design standard for a minimum 512 roof pitch has been incorporated into all
exterior sides of the building. The interior of the building, where the 512 roof
pitch has not been incorporated, cannot be seen from outside the project
boundaries. Therefore, the granting of the variance to incorporate flat roof
components along the interior of the property will not be injurious or materially
detrimental to the public welfare, other properties or improvements in the area.
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d. That the granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that the standards established in the
Village Master Plan and Design Manual were intended to be somewhat flexible
in order to encourage diversity and variety of development and to incorporate
various design guidelines, where feasible, to improve the aesthetics of new
projects. The proposed project includes substantial building articulation on all
sides of the building and various rooflines with a minimum 512 roof pitch
where they can be seen from the exterior of the project. These design elements
are consistent with the standards established in the Village Master Plan and
Design Manual.
GROWTH MANAGEMENT FINDINGS:
4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regardmg: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to ensure that building permits will not be
issued for the 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.
b. All necessary public improvements have been provided or are required as
conditions of approval and the applicant is conditioned to execute a
Neighborhood Improvement Agreement (NIA) with the City for future
public improvements.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
NOLLANDOLAN FINDING:
5. 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.
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GENERAL CONDITIONS:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior
building permits.
the issuance of
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City/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
City’ s/Agency’s approval of this Major Redevelopment Permit.
Staff is authorized and drrected to make, or require the Developer to make, all corrections
and modifications to the Major Redevelopment Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of buildlng permit issuance.
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
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the Agency arising, directly or indlrectly, from (a) Agency’s
approval and issuance of this Major Redevelopment Permit, (b) Agency’s approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
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7.
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The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are 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.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Landscape Conditions:
11. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thving condition, free from weeds, trash, and debris.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Noticing Conditions:
13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Redevelopment
Permit by Resolution(s) No. 278 and 279 on the real property owned by the Developer.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Housing and Redevelopment Director has the authority to execute and record an
amendment to the notice which modlfies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
On-site Conditions:
14. Outdoor storage of material shall occur onsite unless required by the Fire Chief. When so
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required, the Developer shall submit and obtain approval of the Fire Chief and Housing
and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with
the approved plan.
The Developer shall submit and obtain Housing & Redevelopment Director approval of
an exterior lighting plan including parlung areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 5 parlung spaces, as shown on
Exhibit “A”.
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 Community Development and Housing and Redevelopment.
Developer shall install 6-foot high (minimum) perimeter fencing along the sides and
rear of the property to preclude pedestrian access through the property. Location
and materials of fencing shall be to the satisfaction of the Housing & Redevelopment
Director.
The hours of operation for the self-storage facility shall be limited to 6:OOam
through 8:OOpm.
The property owner shall inform all customers that no trucks over 40 feet long shall
be permitted on-site.
ENGINEERING CONDITIONS:
NOTE: Unless specifically stated in the con&tion, all of the following conditions, upon the
approval of this proposed Major Redevelopment Permit, must be met prior to
approval of a grading permit.
General:
1. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
2.
3. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
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FeedA greements :
4. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
5. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Tyler Street along the
subdivision frontage for a half street width of 20 feet. Public improvements shall include
but are not limited to paving, base, sidewalks, curbs and gutters, undergrounding or
relocation of utilities, and streetlights.
6. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Gradinp:
7. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
DedicationsAmmovements :
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Developer shall cause Owner to make an offer of dedcation to the City andor other
appropriate entities for all public streets and other easements shown on the site plan. The
offer shall be made by a separate recorded document. All land so offered shall be offered
free and clear of all liens and encumbrances and without cost. Streets that are already
public are not required to be rededicated.
Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan and the following improvements including, but not
limited to, installation of water lines, fire hydrants and related appurtenances.
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Pollution Prevention
Plan (SWPPP)”. The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
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post-construction phases of the project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
3) Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
4) Ensure long-term maintenance of all post construct BMPs in perpetuity.
5) Identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities.
Prior to the issuance of a grading permit, the applicant shall consolidate Lot 6 and 7
into one lot by processing an adjustment plat through the City Public Works
Department’s plan check procedure.
Prior to the issuance of a grading permit, the applicant shall provide the City with proof
that all affected on-site easements have either been quitclaimed or that the easement
holder has granted permission to construct, work and develop over said easements.
Prior to issuance of building permit, developer shall have design, apply for and obtain
approval of the City Engineer, for the structural section for the access aisles with a traffic
index of 5.0 in accordance with City Standards due to truck access through the parking
area and/or aisles with an ADT greater than 500. The structural pavement design of the
aisle ways shall be submitted together with required R-value soil test information and
approved by the City Engineer as part of the building or grading plan review whichever
occurs first.
WaterISewer:
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The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes. The water easement shall be
dedicated to the Carlsbad Municipal Water District prior to the issuance of a
building permit. Application for easement dedication must be processed with the
City Public Works Department.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno County Water
Authority capacity charne(s1 prior to issuance of Building Permits.
The Developer shall install potable water meters at a location approved by the District
Engineer. The locations of said services shall be reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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The Developer shall design and construct public water and sewer facilities substantially
as shown on the site plan to the satisfaction of the District Engineer. Proposed public
facilities shall be reflected on public improvement plans.
This project is approved upon the express condltion that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
Prior to issuance of building permits, the entire potable water and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be
met to the satisfaction of the District Engineer.
A fire flow system shall be required for this industrial development and it shall be
constructed as a looped system. The Developer shall complete the looped water system
by tying into the existing waterline system on Tyler Street to the satisfaction of the
District Engineer.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
Fees:
1. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees and not paid, this
approval will not be consistent with the General Plan and shall become void.
2. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
General:
3. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of final project approval.
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.
5. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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Engineering:
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Fire:
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Developer shall exercise special care during the construction phas of this project t
prevent off-site siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
All buildings shall be equipped with automatic fire sprinklers.
Electric gates shall be equipped with Knox override switches.
All fire sprinkler and fire alarm systems shall be approved by the Fire Department
prior to installation.
Rental agreements shall include language stating that storage cannot be within 2 feet of
the ceiling.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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DRB RES0 NO. 279 -12-
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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 26* day of November 2001 by the
following vote to wit:
AYES: Compas, Heineman, Lawson
NOES: None
ABSENT: Marquez, Marois
ABSTAIN: None
BILL COMFA3, CHA&PERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 279 -13-