HomeMy WebLinkAbout2006-02-27; Design Review Board; Resolution 3071 DESIGN REVIEW BOARD RESOLUTION NO. 307
2
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 05-01 FOR THE
4 CONSTRUCTION OF A 6,811 SQUARE FOOT TWO-UNIT APARTMENT
PROJECT ON THE PROPERTY LOCATED AT 786 GRAND AVENUE IN
LAND USE DISTRICT 2 OF THE CARLSBAD VILLAGE
6 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT
ZONE 1 INCLUDING VARIANCES FOR A FRONT AND SIDE YARD
7 SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE.
CASE NAME: CORNER GRAND AVENUE
8 APN: 203-302-04
9 CASE NO: RP 05-01
10
WHEREAS, Eduardo Posada, "Applicant", has filed a verified application with the
12 Redevelopment Agency of the City of Carlsbad regarding property owned by Aminet
13 Sharipova, "Owner", described as Assessor Parcel Number 203-302-04, and more thoroughly
14 described in Attachment A, ("the Property"); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
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shown on Exhibits "A-L" dated February 27, 2006, on file in the Housing and Redevelopment
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Department, "Corner Grand Avenue RP 05-01", as provided by Chapter 21.35.080 of the
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19 Carlsbad Municipal Code; and
20 WHEREAS, the Design Review Board did on the 27th day of February, 2006, hold a
21 duly noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
23
arguments, if any, of persons desiring "Corner Grand Avenue RP 05-01."
24
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
26 follows:
27 A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
2 Board APPROVES the Corner Grand Avenue RP 05-01, based on the
following findings and subject to the following conditions:
3
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
4
r 1. The Housing & Redevelopment Director has determined that the project belongs to a class of
projects that the State Secretary for Resources has found do not have a significant impact on
6 the environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 of the State CEQA
7 Guidelines as an infill development project. In making this determination, the Housing &
Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
9
The Design Review Board finds that the project, as conditioned herein and with the
10 findings contained herein for a front and side yard setback variances and the
establishment of the RMH 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 Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated February 27, 2006 including, but not limited to the following:
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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 residential use in
1 - an appropriate location within the Village. This in turn serves to enhance the
Village by providing the necessary residential support. The location of the
16 project will provide the new residents an opportunity to walk to shopping,
recreation and mass transit functions. The new residential units will enhance the
17 Village as a place for living and working. The project will also be close to
existing bus routes, furthering the goal of new economic development near
transportation corridors.
19
b. The project is consistent with Village Redevelopment Master Plan and Design
20 Manual in that the proposed project assists in satisfying the goals and objectives
set forth for Land Use District 2 through the following actions: 1) the project
provides a new residential development that will improve the physical
~~ appearance of the village area, and 2) the building is designed in a manner that
compliments nearby residential uses by incorporating many of the same
23 architectural elements found in residential projects.
24 c. The project as designed is consistent with the development standards for Land
Use District 2, 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.
27 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
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been designed in relationship to the land use and available parking. Public
2 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
3 management practices" for the elimination and reduction of pollutants which
enter into and/or are transported within storm drainage facilities.
4
, 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
5 requirements for new development within the Village Redevelopment Area and
the City's Landscape Manual.
7
f. 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
Q fire protection and other safety standards.
10 g. The proposed project is consistent with the Housing Element of the General
Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
11 Agency's Inclusionary Housing Requirement, as the Developer has been
conditioned to pay to the City an inclusionary housing in-lieu fee for two (2)
units.
13
h. The proposed project meets all of the minimum development standards set forth
14 in Chapter 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 many of the architectural features of
, ., surrounding developments. The buildings, landscaping, and on-site amenities all
conform to the Village Redevelopment Master Plan and Design Manual, which
17 serves as the adopted land use plan for the area. The overall plan for the project
provides for adequate usable open space, circulation, and off-street parking.
IB The parking is screened underneath the building and the project is compatible
with surrounding land uses and will not negatively impact circulation patterns
in the area. The overall architecture is compatible with the surrounding area
2o and consistent with the Village character as set forth in the Village Design
Manual.
21
3. The Design Review Board hereby finds that the appropriate residential density for the project is
22 RMH (8-15 dwelling units per acre), which has a Growth Management Control Point (GMCP) of
11.5 dwelling units per acre. Justification for the RMH General Plan density designation is as
23 follows:
24 a. The density is compatible with the surrounding area, which contains a variety of
25 uses including multi-family residential, single-family residential, commercial and
office. Application of the RMH General Plan designation on the subject property
26 would allow for the proposed multi-family development, which is a permitted use in
District 2 and would be compatible with the mixture of surrounding uses in terms of
size, scale, and overall density.
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b. The RMH General Plan density designation serves to satisfy the goals of the Village
2 Redevelopment Master Plan by increasing the number, quality, diversity, and
afford ability of housing units within this area of the Village. The higher density
3 designation allows for future development that would be consistent with the
development in the area and the goals and objectives of the Redevelopment Master
4 Plan.
c. The RMH General Plan density designation serves to satisfy the objectives of Land
5 Use District 2 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation. Higher residential densities in close
7 proximity to 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.
9 4. The Design Review Board finds that the RMH residential density is in conformance with the
10 Elements of the City's General Plan based on the facts set forth in the staff report dated February
27, 2006, including but not limited to the following:
11
a. Land Use - The project is consistent with the City's General Plan since the proposed
density of 9.66 du/ac is within the density range of 8 - 15 du/ac specified for the site
j3 as indicated in the Land Use Element of the General Plan. The project's proposed
density of 9.66 du is slightly below the Growth Management Control Point density
14 (11. du) used for the purpose of calculating the City's compliance with Government
Code Section 65584. However, consistent with Program 3.8 of the City's certified
1 5 Housing Element, all of the dwelling units which were anticipated toward achieving
1 , the City's share of the regional housing need that are not utilized by developers in
approved projects are deposited in the City's Excess Dwelling Unit Bank. These
17 excess dwelling units are available for allocation to other projects. Accordingly,
there is no net loss of residential unit capacity and there are adequate properties
18 identified in the Housing Element allowing residential development with a unit
capacity adequate to satisfy the City's share of the regional housing need.
20 b. Circulation - The project will take access off of Grand Avenue and is conditioned to
provide all necessary street improvements. On-site circulation consists of a private
21 driveway which provides access to a subterranean parking garage designed in
accordance with City standards.
22
~~, c. Noise - The project is conditioned to provide all noise attenuation measures as
identified in the acoustical study prepared by Urban Crossroads
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d. Housing - The project is consistent with the Housing Element of the General Plan
25 and the Inclusionary Housing Ordinance as the as the Developer has been
conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) units.26
2j 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.
28 The project includes elements or has been conditioned to construct or provide funding to
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ensure that all facilities and improvements regarding: sewer collection and treatment; water;
2 drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
3 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
6 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
7 aPply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
9 conditions of approval.
10 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.
, ~ 6. 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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7. The Design Review Board finds as follows to allow for variances for front and side yard
setbacks that exceed the standard range:
a. That the application of certain provisions of this chapter will result in practical
17 difficulties or unnecessary hardships which would make development inconsistent
with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
18 that due to the location of the property being next to a commercial use and at a
busy street corner additional setbacks are required in order to protect the
livability of the residents. The increased setback area will be devoted to
landscaping, to help buffer the edge of the property and protect the livability for
future residents.
21
Providing an increased setback at the front of the proposed building of 18 feet is
22 necessary to provide parking access that is visually subordinated, as specified
within the Village Design Manual. The increased setback is necessary in order
to accommodate the appropriate drive angle so that residents do not scrape the
24 undercarriage of their vehicles as they enter the underground parking. By
providing an increased setback on the front of the building, the required
25 parking can be provided in a subterranean garage making the parking visually
subordinate, and landscaping can be provided along the front of the property,
both of which are preferable site design strategies set forth in the Carlsbad
Village Redevelopment Master Plan and Design Manual.
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Providing an increased side yard setback of 12 feet along Grand Avenue is
2 necessary to make the project compatible with the adjacent commercial use. The
increased setback helps to increase the livability of the residential units.
3
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 by
allowing the proposed setbacks, the subject property will more closely match the
6 setbacks of the surrounding residential properties and adjacent office use. The
granting of the variance will not constitute a granting of special privileges as a
7 precedent has been previously set within the V-R zoning for allowing residential
projects to exceed the maximum of the standard range. In addition, it is
noteworthy that staff is currently working on an amendment to the Carlsbad
9 Village Redevelopment Master Plan, subject to the approval of the Housing &
Redevelopment Commission, to allow for commercial and residential projects to
10 exceed the maximum of the setback standard range.
11 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
variances do not authorize a use or activity, which is not expressly authorized by
13 the zone regulation governing the subject property, as a multi-family residential
use is a permitted use within Land Use District 2 of the V-R zoning.
14 Additionally, the increased setbacks are similar to the setbacks enjoyed by the
surrounding properties under the same zoning designation.
16 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
17 Village Master Plan and Design Manual were intended to be somewhat flexible
in order to encourage diversity and variety of development and to take into
consideration the unique conditions associated with many of the properties in
jo the redevelopment area. The placement of the building is setback similarly to
the surrounding properties, allowing for increased landscaped buffering, which
20 is consistent with the Village Master Plan and Design Manual's goal of
establishing Carlsbad Village as a quality living environment. Additionally, the
project is consistent with the general purpose of the general plan and the
Carlsbad village area redevelopment plan.
23 GENERAL CONDITIONS:
24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
1. 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
27 implemented and maintained over time, if any 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
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building permits; deny, revoke or further condition all certificates of occupancy issued
2 under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
3 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
4 Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
6 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.
7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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9 3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
1 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
^2 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
13 unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
14
5. 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
16 members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
17 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
19 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
20 liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions.21
22 6. The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
23 conditions approved by the final decision making body.
24 7. 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.
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8. Prior to the issuance of a building permit, the Developer shall provide proof to the
27 Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.28
DRB RESO NO. 307 -7-
9. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
3
10. This approval shall become null and void if building permits are not issued for this
4 project within 18 months from the date of project approval.
11. Building permits will not be issued for this project unless the local agency providing
6 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
7 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.8
12. Approval is granted for Major Redevelopment Permit RP 05-01 as shown on Exhibits
A-L, dated February 27, 2006, on file in the Housing and Redevelopment Department
10 and incorporated herein by reference. Development shall occur substantially as shown
unless otherwise noted in these conditions.
11 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of
12 certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as
13 an individual fee on a per market rate dwelling unit basis in the amount in effect at the
, , time, as established by City Council Resolution from time to time.
15 LANDSCAPE CONDITIONS:
14. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
17 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
18 healthy and thriving condition, free from weeds, trash, and debris.
19 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
20 project's building, improvement, and grading plans.
21 16. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
23 MISCELLANEOUS CONDITIONS;
17. 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
25 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
26 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 taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
2 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
3 Directors of Community Development and Housing and Redevelopment.
4 NOTICING CONDITIONS:
5 19. 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 No. 307 on the real property owned by the Developer. Said Notice
8 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
9 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.
12 ON-SITE CONDITIONS:
20. 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 & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply
15 with the approved plan.
16 21. The developer shall submit and obtain Housing & Redevelopment 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.
18
22. Noise barrier identified in acoustical study prepared by Urban Crossroads shall be
19 constructed in order to reduce noise levels to an acceptable level.
20 STANDARD CODE REMINDERS:
21 The project is subject to all applicable provisions of local ordinances, including but not limited to the
22 following code requirements.
23 Fees
24 23. 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.
24. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
27
25. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
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with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
2 of the City Engineer.
General
26. The tentative map shall expire twenty-four (24) months from the date this tentative map
- approval becomes final.
6 27. 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 the time of
7 building permit issuance, except as otherwise specifically provided herein.
o
28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
9 Code Section 18.04.320.
10 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 building or grading
permit whichever occurs first.
13
General
14
29. 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.
17 30. 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.
18
31. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
20
32. An adjustment plat shall be processed and approved through the City to consolidate
21 those portions of Lots 13, 14, 15, and 16 of Block 50 of Carlsbad Townsite into one
lot within the site boundary.
22 y
-T Fees/Agreements
33. Developer shall cause property owner to execute and submit to the City Engineer for
24 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
25 34. 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
27 Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
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Grading
2 35. Based upon a review of the proposed grading and the grading quantities shown on the site
3 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
4 project.
36. No grading for private improvements shall occur outside the limits of this approval unless
5 Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If Developer is
7 unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
and obtain a finding of substantial conformance from both the City Engineer and
Housing and Redevelopment Director.
10
Dedications/Improvements
11
37. 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 site plan.
13 The offer shall be made by separate recorded document. All land so offered shall be
offered free and clear of all liens and encumbrances and without cost. Streets that are
14 already public are not required to be rededicated.
^ 38. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
17 Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
20 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
21 hazardous waste products.
2?B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
24 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
25 Federal, State, County and City requirements as prescribed in their respective
containers.
27 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
28
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Carlsbad Municipal Water District
2
39. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
3 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
5 40. 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
6 improvement plans.
' 41. 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 the public improvement plans.
9
42. This project is approved upon the express condition that building permits will not be
10 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.
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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 fees/exactions. 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 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
expired.
PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of
the City of Carlsbad, California, held on the 27th day of February, 2006 by the following vote to
wit:
AYES: Heineman, Baker, Lawson, and Schumacher
NOES: NONE
ABSENT: Marquez
ABSTAIN: N/A
COURTNEY HEINEMAN, CI
DESIGN REVIEW" BOARD
ERSON
ATTEST:
J-
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
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