HomeMy WebLinkAbout2002-02-25; Design Review Board; Resolution 2811
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DESIGN REVIEW BOARD RESOLUTION NO. 281
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
ONE (21) UNIT CONDOMINIUM PROJECT, INCLUDING VARIANCES
FOR FRONT, REAR, AND SIDE YARD SETBACKS WHICH EXCEED
THE MAXIMUM STANDARD RANGE AND THE ESTABLISHMENT OF
THE PROPERTY, ON PROPERTY LOCATED AT 539 LAGUNA DRIVE
IN LAND USE DISTRICT 4 OF THE VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES ZONE 1.
CASE NAME: LAGUNA POINT
REDEVELOPMENT PERMIT NUMBER RP 01-08 FOR A TWENTY-
THE RH DENSITY RANGE (15-23 DWELLING UNITS PER ACRE) FOR
APN:
CASE NO: RP 01 -08
203-203-30,203-101-32 & 203-1 01 -33
WHEREAS, Wave Crest Resorts II, LLC, a California Limited Liability Company,
“Developer”, has filed a verified application with the Housing and Redevelopment Agency of the
City of Carlsbad regarding property it owns, and known as Assessor Parcel Numbers 203-101-
30, 203-101-32 and 203-101-33 and more thoroughly described in Attachment A, (“the
property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit,
including variances for front, rear and side yard setbacks to exceed the maximum range
and the establishment of the RH density range (15-23 dwelling units per acre) for the
property, as shown on Exhibits “A-I”, dated February 25, 2002, on file in the Housing and
Redevelopment Department, “Laguna Point RP 01-08”, as provided by Chapter 21.35.080 of
the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 25* day of February, 2002, 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
“Laguna Point RP 01-08”.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
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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 Laguna Point RP 01-08, based on the
following findings and subject to the following conditions:
GENERAL PLAN 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 variances and the establishment of the RH
density designation for the project, is in conformance with the Elements of the City’s
General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village
Master Plan and Design Manual based on the facts set forth in the staff reports dated
February 25, 2002 including, but not limited to the following:
a. The proposed project is consistent with the goals and objectives for the
Village, as outlined within the General Plan, because it provides for a multi-
family residential use in an appropriate location within the Village. This in
turn serves to enhance and maintain the area as a residential
neighborhood and encourages greater residential support opportunities in
the Village. By providing more residential opportunities, the project helps
to create a lively, interesting social environment by encouraging more of a
24-hour life in the Village, which provides the necessary customer base to
attract complementary commercial uses. The project design serves to
reinforce the pedestrian-orientation desired for the downtown area by
providing much needed street improvements along Laguna Drive and
Roosevelt Street. Furthermore, the building itself has a strong street
presence with extensive outdoor decks looking out over the adjacent
streets and fully enclosed parking. Finally, the project assists in the effort
to create a distinct identity for the Village as an area that contains a wide
variety of uses by providing a residential product (multi-family for sale)
that has not been built in the area since prior to the 1980’s.
b. The project is consistent with the Village Redevelopment Plan in that; 1) it
establishes the Village as a quality shopping, working, and living
environment by providing for a multi-family for-sale product which serves
to increase the type of housing options available to people seeking to
reside in the downtown area, 2) it improves the pedestrian and vehicular
circulation in the Village Area by minimizing pedestrian/vehicular conflicts
along State Street and Roosevelt Street by limiting vehicular access to the
site from Laguna Drive only and improves the pedestrian environment by
providing for addition sidewalks along all sides of the property, 3) it
stimulates property improvements and new development in the Village
through the development of a highly visible site which may serve as a
catalyst for future redevelopment in the area, and 4) it improves the
physical appearance of the Village Area by replacing a currently vacant site
with an aesthetically pleasing building and site improvements to enhance
the corner of State Street and Laguna Drive which serves as a gateway to
the north end of the Village.
DRB RES0 NO. 281 -2-
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C.
d.
e.
f.
g.
h.
The project as designed is consistent with the land use plan, development
standards for Land Use District 4, design guidelines, and other applicable
regulations set forth in the Village Master Plan and Design Manual.
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 elimination and reduction of pollutants which enter into
and/or are transported within storm drainage facilities.
The proposed project will not have an adverse impact on any open space
within the surrounding area. The project is being developed on a vacant lot
which has appropriate zoning for a multi-family residential use. The project
is also consistent with the Open Space requirements for new development
within the Village Redevelopment Area and the City’s Landscape Manual.
The proposed project has been conditioned to comply with the Uniform
Building and Fire Codes adopted by the City to ensure that the project
meets appropriate fire protection and other safety standards.
The proposed project is consistent with the Housing Element of the
General Plan, the City’s lnclusionary Housing Ordinance, and the
Redevelopment Agency’s lnclusionary Housing Requirement, as the
Developer has been conditioned to enter into an Affordable Housing
Agreement to provide and deed restrict three (3) dwelling units as
affordable to low income households.
The proposed project meets all of the minimum development standards set
forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080,
and has been designed in accordance with the concepts contained in the
Design Guidelines Manual, in that the overall plan for the project is
comprehensive and incorporates a building that takes advantage of the
unique topographical constraints and unusual lot lay-out of the site. The
buildings, landscaping, and on-site amenities all conform to the Village
Redevelopment Master Plan and Design Manual which serves as the
adopted land use plan for the area. The overall plan for the project
provides for adequate usable open space, circulation, off-street parking,
recreational facilities and other pertinent amenities. The parking is well
integrated into the building and oriented to the topographic features of the
site. The project is compatible with surrounding land uses and will not
negatively impact circulation patterns in the area. Common areas and
recreational facilities are located so that they are readily accessible to the
occupants of the dwelling units. The overall architecture is compatible
with the surrounding area and consistent with the Village character as set
forth in the Village Design Manual.
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2. The Design Review Board finds as follows to allow for variances for front, side, and
rear yard setbacks that exceed the standard range:
a.
b.
C.
d.
e.
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 established setback standards on the second and
third floors of the building would create a practical difficulty in the
development of the subject property, because it would preclude the
construction of open decks on each of the units, which is a planned
development standard required for all multi-family projects. Given the
configuration of the property, the only reasonable location for the decks is
along the perimeter of the building. Stepping back of the upper floors of the
building affords necessary light and air to enter the units from the decks.
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
subject property is located at a highly visible corner (intersection of State
Street and Laguna Drive) that serves as the “gateway” into the Village from the
north. Furthermore, the subject property slopes up from the street corner and
the building pad is at a higher elevation than the adjacent streets. These
unique conditions do not generally apply to other properties in the area and
warrant the stepping back of the upper levels of the building to reduce the
mass and height of the building as viewed from the adjacent streets and
pedestrian areas.
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
increased setback standards reduce adverse impacts to surrounding
properties. The setbacks above the maximum range improve the amount of
light, air, and privacy enjoyed by the residents of the subject property, as well
as, neighboring properties. Additionally, the increased setbacks along the
street frontages assists in the effort to create a more visually appealing
building as viewed from the public right-of-way.
That the granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that those standards were intended to
be somewhat flexible in order to encourage diversity and variety of
development. The Village Design Guidelines encourage the stepping back of
the upper levels of buildings to allow the maintenance of a small-scale
character near the street level. The proposed project has been designed with
strict adherence to the Village Design Guidelines, including the stepping back
of the upper floors. Therefore, those portions of the project that exceed the
established setback range are consistent with the standards set forth in the
Village Master Plan and Design Manual and do not create a situation which
contradicts the intent of the plan.
The subject project is in a location that has varying setbacks. Both properties
to the south fronting on State Street and Roosevelt Street have greater
setbacks from the adjacent streets than the proposed project. The same is
DRB RES0 NO. 281 -4-
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3.
f.
true for the properties on the north side of Laguna Drive. The project’s varied
setbacks along all street frontages and the stepping back of the upper levels
of the building allows for greater architectural articulation, which is strongly
encouraged in the Village Design Guidelines as a way to maintain and
reinforce the Village character.
It is anticipated that the proposed project may serve as a catalyst for the
future redevelopment of nearby properties as similar residential uses or
mixed-uses. The increased setbacks on all sides of the building create a
greater separation between the proposed project and that which may be
developed on adjoining lots. This increased separation would help protect the
livability of the proposed residential development and that which may be
developed in the area by creating more privacy for the residents through
increased setbacks.
The Design Review Board finds as follows to allow for a reduced street side yard
setback (from State Street), for a portion of a second story deck, to a number
within the acceptable range:
a.
b.
C.
The reduced standard will not have an adverse impact on surrounding properties in
that the portion of the deck that is proposed to be setback 8 feet from the
street side yard fronts on a pubic street and is setback significantly from
adjacent properties and therefore, will not impact light, air or privacy of
surrounding properties.
The reduced standard will assist in developing a project which meets the goals of
the Village Redevelopment Area and is consistent with the objectives for the land
use district in which the project is to be located, in that the reduced standard will
serve to create adequate deck space for the multi-family residential use which
aids the project in meeting the planned development standards required for
for-sale multi-family projects, therefore assisting in the provision of a much
desired residential type in Land Use District 4.
The reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the Village character of the area, in that the
reduced standard will assist in creating greater architectural articulation
adjacent to the street and will assist in the effort to make the building visually
interesting and more appealing, which is a primary goal of the Village Design
Guidelines in reinforcing the Village character.
4. The Design Review Board hereby finds that the appropriate residential density for the
project is RH (15-23 dwelling units per acre), which has a Growth Management Control
Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan
density designation is as follows:
a. The density is compatible with the surrounding area which contains a
variety of uses such as residential, commercial office, retail, and light
industrial. Residential uses in the area range from single family residential
to high-density multi-family residential. Immediately northwest of the
subject property (across Laguna Drive) and outside the redevelopment
area, the General Plan designation is High Residential (HR 15-23 dwelling
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units per acre) and Medium High ResidentiaVOffice (RMH/O 8-15 dwelling
units per acre). Application of the RH General Plan designation on the
subject property allows for the construction of a project that is compatible
with the mixture of surrounding uses in terms of size, scale, and overall
density.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within the Village. The higher
density designation makes it financially feasible to construct for-sale multi-
family units in today’s economy. The Village Redevelopment Area has an
abundance of residential rental units, but no condominiums have been
developed in the area since prior to the inception of the redevelopment
plan in 1981.
c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 4 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Coaster
Station). Higher residential densities in close proximity to mixed-use areas
with easy access to mass transportation promote greater job/housing
balance and help solve regional issues such as reduced traffic congestion
and improved air quality.
GROWTH MANAGEMENT FINDINGS:
5. 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 regarding: 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.
c. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
DRB RES0 NO. 281 -6-
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e. 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.
6.
HOUSING & REDEVELOPMENT CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
The project is consistent with the City’s Landscape Manual.
General
1.
2.
3.
4.
5.
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 CityWAgency’s approval of this Major Redevelopment Permit.
Staff is authorized and directed 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
ordinances in effect at the time of building 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 indirectly, 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. This obligation survives until all legal proceedings have
been concluded and continues even if the Agency’s approval is not validated.
DRB RES0 NO. 281 -7-
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6.
7.
8.
9.
10.
11.
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.
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.
This approval is granted subject to the approval of Tentative Tract Map No. CT 01-13
and is subject to all conditions contained in Design Review Board Resolution No. 282
for this other approval and incorporated by reference herein.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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. A note to this effect
shall be placed on the Final Map.
12. Prior to the approval of the final map for this project, the Developer shall enter into an
Affordable Housing Agreement with the City/Agency to provide and deed restrict 3
dwelling units as affordable to lower-income households for the useful life of the dwelling
units, in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted
to the Housing and Redevelopment Director no later than 60 days prior to the request
to final the map. The recorded Affordable Housing Agreement shall be binding on all
future owners and successors in interest.
13. The Developer shall construct the required inclusionary units concurrent with the
project's market rate units, unless both the final decision making authority of the
City/Agency and the Developer agree within an Affordable Housing Agreement to an
alternate schedule for development.
Landscape
14. The Developer shall submit and obtain Housing and Redevelopment 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 thriving condition, free from weeds,
trash, and debris.
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15. 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.
Miscellaneous
16.
17.
18.
19.
20.
The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Housing and Redevelopment Director prior to final map approval. Prior to issuance
of a building permit the Developer shall provide the Housing & Redevelopment
Department with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
right to disapprove. A copy of the final approved amendment shall be transmitted to
City within 30 days for the official record.
This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
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
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid,
this approval will not be consistent with the General Plan and shall become void.
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.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
Notice
21. 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’s Redevelopment Agency has issued
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a Negative Declaration, Major Redevelopment Permit, and Tract Map by Housing
and Redevelopment Commission Resolution(s) No. 280, 281, and 282 on the
property. 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 modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
Onsite Conditions - Specific
22.
23.
24.
25.
26.
27.
28.
The Developer shall construct trash receptacle and recycling areas as shown on the
site plan (Exhibit “A”) with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.1 05. Location of said receptacles shall be approved by the
Housing and Redevelopment Director. Enclosure shall be of similar colors and/or
materials to the project to the satisfaction of the Housing and Redevelopment
Director.
No outdoor storage of material shall occur onsite unless required by the Fire Chief.
When so 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 Planning Director approval of an exterior lighting
plan including parking 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 42 resident parking spaces
in the enclosed parking structure and 3 covered and 5 uncovered guest parking
spaces, as shown on Exhibits “A” and “B”.
The tower roof overhang shall be enhanced beyond the rendering presented at
the public hearing, subject to the approval of the Housing and Redevelopment
Director.
The access to the State Street door shall be altered so as to be less conspicuous
to the public.
The final landscape plan shall specify an average minimum 15-foot trunk height
for the palm trees which shall be of varying heights.
ENGINEERING CONDITIONS
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map, building
or grading permit whichever occurs first.
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
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2.
3.
4.
5.
6.
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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: driveways, walkways, storm drain facilities and storm water
pollution elimination devices located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision.
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.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CC&R's).
Tvpe I
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the street corners area
identified as a sight distance corridor in accordance with City Standard Public Street-
Design Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
Tvpe II
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property along or north of the line designated as the
sight line extending between the project entrance and the west end of Laguna
Drive. No obstructions shall impede nor conflict with the line-of-sight which is
established per City Standard Public Street-Design Criteria, Section 8.B.1. The
sight line is depicted on the tentative map. The underlying property owner shall
maintain this condition."
The limits of these sight distance corridors shall be reflected on any
improvement, grading, or landscape plan prepared in association with this
development.
Fees/An reement s
7. 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.
8. 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
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Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
9. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, 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.
Dedications/lmprovements
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Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
tentative map. The offer shall be made by a certificate on the final map and/or separate
recorded document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide
or install drainage structures, as may be required by the City Engineer, prior to or
concurrent with any grading or building permit.
Developer shall execute and record a City standard Subdivision Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the tentative map and the following improvements including,
but not limited to street paving, base, sidewalks, pedestrian ramps, driveway, curbs
and gutters, grading, sewer laterals and water services, a street light, and street
striping and signs to City Standards to the satisfaction of the City Engineer.
A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. 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 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 resident 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.
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14.
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5) Determine the appropriate size of treatment structures/facilities to adequately
treat runoff volumes or flow prior to discharge into the public storm drain or
receiving water body.
Developer shall cause Owner to vacate a portion of public right-of-way at the
corner of Laguna Drive and Roosevelt Street as shown on the tentative map. The
public easement shall be vacated by a certificate on the final map and/or separate
recorded document. Regardless of how the easement is vacated, a separate
application for a street vacation shall be submitted to the City Engineering
Department for processing and shall be subject to the street vacation procedures.
Prior to work in the City right-of-way, the Developer shall obtain an Encroachment
Permit and Right-of-way Permit for the installation of the private storm drain
connecting to the public storm drain inlet on State Street. This new storm
drainpipe shall be a private improvement and shall be maintained in perpetuity by
the current and future owners of this property.
Final Mar, Notes
16. Developer shall show on Final Map the net developable acres for each parcel.
17. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Curb, gutter and sidewalk fronting State Street, Laguna Drive and Roosevelt
Street.
2. Street pavement and base on Laguna Drive and State Street.
3. Pedestrian ramps at the corner of State Street and Roosevelt Street and the
corner of Laguna Street and State Street.
4. Street signs and street striping.
5. Water lines, water meters, and sewer laterals within the public right-of-way.
6. Proposed streetlight fronting Laguna Street.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
CARLSBAD MUNICIPAL WATER DISTRICT CONDITIONS
1. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public
improvement plans.
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4. 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.
The Developer shall provide separate potable water meters for each separately owned
unit.
This project is approved upon the express condition 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. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval, Developer shall install a total of 21 water meters for the
project. Developer shall install 21 potable water meter(s) for residential use and 1 to 2
irrigation meter(s) to irrigate the common areas (Homeowner’s Association).
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BUILDING DEPARTMENT CONDITIONS
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The walls separating the U-occupancies (storage closets) from the parking garage shall
be masonry construction. All cells shall be fully grouted.
Entry doors to the storage closets shall be metal frame, metal-door, listed 1% hour
assemblies that have an integral window for viewing inside the storage closets.
The entry doors to the closets shall be master keyed so that the HOA has access to
these areas for routine inspections. There shall be no electrical outlets within the
storage closets. There may be general lighting within the closet installed in conformance
with the National Electric Code.
Signage shall be installed at each closet door noting that storage of flammable liquids or
gasses is prohibited.
Fire extinguishers shall be installed at a minimum 100 feet travel distance throughout
the parking garage and storage closet areas.
Automatic fire protection in storage units shall be upgraded to quick response heads
and the fire sprinkler head for each closet shall be separated from the storage closet
with a chain link ceiling assembly which will prohibit storage above the ceiling level and
allow full operation of the sprinkler head and access to the light fixture for maintenance.
The storage closets shall be owned by and managed by the HOA. The HOA shall have
the responsibility and duty to ensure that all closets uses are limited to storage of
ordinary household goods, which are consistent with the operation of a dwelling unit.
There shall be no storage of flammable liquids or gases of any type in any type of
container.
There shall be gravity ventilation to the exterior from each individual storage closet.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
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Fees -
1. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in
conformance with the approved plans and the sign criteria contained in the Village
Redevelopment Master Plan and Design Manual and shall require review and
approval of the Housing and Redevelopment Director prior to installation of such
signs.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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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 feedexactions
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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expi red.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 25th day of February, 2002 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marquez, Heineman, Lawson, Paulsen
None
None
ATTES ’: n
P 1 -, DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 281 -16-
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Attachment “A”
PARCEL 1 : (APN: 203-1 01-301
THAT PORTION OF LOT 20 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, LYING NORTHEASTERLY OF A LINE DRAWN
PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM THE
SOUTHWESTERLY LINE OF ROOSEVELT STREET, FORMERLY SECOND STREET.
PARCEL 2: (APN: 203-101-32)
THAT PORTION OF LOT 20 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, LYING SOUTHWESTERLY OF A LINE PARALLEL
WITH AND 215.39 FEET DISTANT SOUTHWESTERLY FROM THE WESTERLY LINE
OF SECOND STREET (NOW ROOSEVELT STREET), AS SHOWN ON SAID MAP
AND SOUTHEASTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT
NORTHWESTERLY FROM THE NORTHERLY LINE OF LOT 21 OF SAID SEASIDE
LANDS.
EXCEPTING THEREFROM THE SOUTHEASTERLY 78 FEET THEREOF.
ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON
SAID MAP ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND TO THE WEST,
AS CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS
OF SAN DIEGO COUNTY, ON NOVEMBER 7, 1931, A CERTIFIED COPY OF SAID
RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS.
PARCEL 3: (APN: 203-1 01 -331
THAT PORTION OF LOT 20 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, AUGUST 28, 1921, LYING SOUTHWESTERLY OF A LINE
PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM THE
WESTERLY LINE OF SECOND STREET, AS SHOWN ON SAID MAP AND LYING
NORTHWESTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT
NORTHWESTERLY FROM THE NORTHERLY LINE OF LOT 21 OF SAID SEASIDE
LANDS.
ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON
SAID MAP ADJACENT TO THE ABOVE DESCRIBED PARCEL OF LAND ON THE
WEST, AS CLOSED TO PUBLIC USE, BY RESOLUTION OF THE BOARD OF
SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER 7,1931, A CERTIFIED
COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF
OFFICIAL RECORDS.
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