HomeMy WebLinkAbout2006-06-26; Design Review Board; Resolution 3081 DESIGN REVIEW BOARD RESOLUTION NO. 308
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 05-09 FOR THE
4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF FOUR (4) APARTMENT UNITS AND 1,500 SQUARE
FEET OF COMERCIAL (RETAIL/OFFICE) SPACE ON THE PROPERTY
6 LOCATED AT 3190 ROOSEVELT STREET IN LAND USE DISTRICT 5 OF
THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CASA COBRA
8 APN: 204-084-09
9 CASE NO: RP 05-09
10
WHEREAS, Donald Grover, "Applicant", has filed a verified application with the
12 Redevelopment Agency of the City of Carlsbad regarding property owned by Darren M.
13 Hamilton, Chris J. Hamilton, & Judith W. Hamilton, "Owner", described as Assessor Parcel
*4 Number 204-084-09, and more thoroughly described in Attachment A, ("the Property"); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
16
shown on Exhibits "A-G" dated June 26, 2006, on file in the Housing and Redevelopment
17
Department, "Casa Cobra RP 05-09", as provided by Chapter 21.35.080 of the Carlsbad
1 o
19 Municipal Code; and
20 WHEREAS, the Design Review Board did on the 26th day of June, 2006, hold a duly
21 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 to be heard, said Board considered all factors related to
24
25 "Casa Cobra RP 05-09."
26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
27 follows:
28 A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
2 Board RECOMMENDS APPROVAL of Casa Cobra RP 05-09, based on the
following findings and subject to the following conditions:
3
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;
4
c 1. The Planning 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 the environment,
6 and it is therefore categorically exempt from the requirement for preparation of
environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an
infill development project, hi making this determination, the Planning Director has found
that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to
this project.
9
2. The Design Review Board finds that the project, as conditioned herein with the findings
10 contained herein to grant participation in the Parking In-Lieu Fee Program 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
12 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated June 26, 2006 including, but not limited to the following:
13
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 and commercial use in an appropriate location within the Village.
This in turn serves to enhance and maintain the area as a residential
16 neighborhood and encourages greater residential support opportunities in the
Village. By providing more residential and commercial (retail/office)
opportunities, the project helps to create a lively, interesting social environment
be encouraging and increasing the opportunity for 24-hour life in the Village,
which provides the necessary customer base to attract complementary uses. The
19 project's proximity to existing bus routes and mass transit will help to further
the goal of providing new economic development near transportation corridors.
20 Furthermore, the project will provide a strong street presence with extensive
architectural relief, including outdoor decks looking out over the adjacent
streets and fully enclosed parking. Overall, the new residential units will
«,, enhance the Village as a place for living and working.
23 b. The project is consistent with the Village Redevelopment Master Plan and
Design manual in that the proposed project assists in satisfying the goals and
24 objectives set forth for Land Use District 5 through the following actions: 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
26 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
27 by providing residential units in close proximity to both bus and rail mass
transit 3) it stimulates property improvements and new development in the
Village by providing for an appropriate intensity of residential development and
DRB RESO NO. 308 -2-
commercial (retail/office) development that may serve as a catalyst for future
2 redevelopment in the area, 4) it improves the physical appearance of the Village
Area by replacing older structures with an aesthetically pleasing building with
3 attractive landscaping.
4 c. The project as designed is consistent with the development standards for Land
, Use District 5, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual.
6
d. The existing streets can accommodate the estimated ADTs and all required
7 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. Public
9 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
10 management practices" for the elimination and reduction of pollutants which
enter into and/or are transported within storm drainage facilities.
1_ 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
13 requirements for new development within the Village Redevelopment Area and
the City's Landscape Manual.
14
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
j ^ fire protection and other safety standards.
17 g. The proposed project is consistent with the Housing Element of the General
Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
18 Agency's Inclusionary Housing Requirement, as the Developer has been
conditioned to pay to the City an inclusionary housing in-lieu fee for four (4)
units.
20
3. The Design Review Board hereby finds that the appropriate residential density for the project
21 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:
23 a. The density is compatible with the surrounding area, which contains a variety of
24 uses including multi-family residential, single-family residential, retail, and
commercial. Application of the RH General Plan designation on the subject
25 property would allow for future high density residential mixed-use development,
which is permitted in District 5, and would be compatible with the mixture of
surrounding uses.
27 b. The RH General Plan density designation serves to satisfy the goals of the
28 Village Redevelopment Master Plan by increasing the number, quality, diversity,
DRB RESO NO. 308 -3-
and affordability of housing units within this area of the Village. The high
2 density designation allows for future development that would be consistent with
the development in the area and the goals and objectives of the Redevelopment
3 Master Plan.
4 c. The RH General Plan density designation serves to satisfy the objectives of Land
Use District 5 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation (Bus & Village Coaster Station).
g High residential densities in close proximity to mixed-use areas with easy access
to mass transportation promote greater job/housing balance and help solve
7 regional issues such as reduced traffic congestion and improved air quality.
° 4. The Design Review Board finds that the RH residential density is in conformance with the
Q Elements of the City's General Plan based on the facts set forth in the staff report dated June
26, 2006, including but not limited to the following:
10
a. Land Use - The project is consistent with the City's General Plan since the proposed
11 density of 16.66 du/ac is within the density range of 15-23 du/ac specified for the site
as indicated in the Land Use Element of the General Plan. The project's proposed
density of 16.66 du/ac is below the Growth Management Control Point density (19
13 du/ac) 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
14 Housing Element, all of the dwelling units which were anticipated toward achieving
the City's share of the regional housing need that are not utilized by developers in
15 approved projects are deposited in the City's Excess Dwelling Unit Bank. These
*,- 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
17 identified in the Housing Element allowing residential development with a unit
capacity adequate to satisfy the City's share of the regional housing need.
18
b. Circulation - The project will take access off of Pine Avenue and is conditioned to
provide all necessary street improvements. On-site circulation consists of a private
20 driveway which provides access to an -at grade parking garage designed in
accordance with City standards.
21
c. Noise - The project is conditioned to provide all noise attenuation measures as
identified in the acoustical study prepared by Eilar Associates
23 d. Housing - The project is consistent with the Housing Element of the General Plan
24 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 four (4) units.
25
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.
27 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;
28 water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
DRB RESO NO. 308 -4-
government administrative facilities; and open space, related to the project will be installed
2 to serve new development prior to or concurrent with need. Specifically,
3 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
4 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
5 apply to sewer service for this project.
7 b. All necessary public improvements have been provided or are required as
conditions of approval.8
9 c. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation to provide school
10 facilities.
11 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
1 ~ will be collected prior to the issuance of building permit.
13 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.
14
6. The project is consistent with the City's Landscape Manual.
16 7. 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
17 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.
18
. Q 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in
the Parking In-Lieu Fee Program and participation in the program will satisfy the parking
20 requirements for the project. Justification for participation in the Parking In-Lieu Fee
Program is contained in the following findings:
21
a. The project is consistent with the Carlsbad General Plan because it provides for
a commercial (retail/office) use in an appropriate location within the Village.
23 The project provides greater employment opportunities, enhances the pedestrian
orientation of the area, and retains the Village character and pedestrian scale
24 through adherence to the land use regulations and design guidelines set forth for
the area.
25
~s b. The project is consistent with Village Redevelopment Master Plan and Design
Manual in that the project assists in satisfying the goals and objectives set forth
27 for Land Use District 5 through the following actions: 1) the project provides
permitted commercial (retail/office) space in a new structure; 2) the building is
28 designed in a manner that compliments nearby residential uses by incorporating
DRB RESO NO. 308 -5-
many of a same architectural elements found in residential projects; and 3) the
2 project consists of an individual building set back from the street and
surrounded by an abundance of landscaping.
3
c. Adequate parking is available within the Village to accommodate the project's
parking demands. Based on the most recent parking study dated in February of
<- 2006, the average occupancy for all public parking lots is 82%. This utilization
ratio allows for continued implementation of the parking in-lieu fee program
5 because it is less than the 85% threshold for maximum utilization set by the
Housing and Redevelopment Commission.
7
d. The In-Lieu Fee Program has not been suspended or terminated by the Housing
and Redevelopment Commission.
9 GENERAL CONDITIONS:
10
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
11 building permits.
12 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
13 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained over time, if any such conditions fail to be so implemented
14 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
16 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
17 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
1 ° Permit.
19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
20 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.
21 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
23 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.
24
4. 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
27 unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
28
DRB RESO NO. 308 -6-
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
2 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
3 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
6 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
7 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.
o
9 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
10 conditions approved by the final decision making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
12 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
13
8. 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.
16 9. 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
17 Plan prior to the issuance of building permits.
18 10. Approval is granted for Major Redevelopment Permit RP 05-09 as shown on Exhibits
19 "A-G", dated June 26, 2006, on file in the Housing and Redevelopment Department
and incorporated herein by reference. Development shall occur substantially as shown
20 unless otherwise noted in these conditions.
11. This approval shall become null and void if building permits are not issued for this
22 project within 24 months from the date of project approval.
23 12. Building permits will not be issued for the project unless the local agency providing water
and sewer services to the project provides written certification to the City that adequate
24 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
26 placed on the Final Map.
27
28
DRB RESO NO. 308 -7-
1 HOUSING CONDITIONS:
2 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of
3 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
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.
6 LANDSCAPE CONDITIONS:
7 14. The Developer shall submit and obtain Housing & 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.
10
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
I - project's building, improvement, and grading plans.
13 16. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
14
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
17 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 taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
20
18. Prior to occupancy of the first dwelling unit the Developer shall provide all required
21 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.22
23 NOTICING CONDITIONS:
24 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. 308 on the real property owned by the Developer. Said Notice
27 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
28 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment
DRB RESO NO. 308 -8-
Director has the authority to execute and record an amendment to the notice which
2 modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
3
ON-SITE CONDITIONS;4
<- 20. The developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad
6 Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing & Redevelopment Director. Enclosure shall be of similar colors and/or
7 materials of the project and subject to the satisfaction of the Housing & Redevelopment
Director.o
9 21. 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
10 the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter
comply with the approved plan.
12 22. 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
13 downward and avoid any impacts on adjacent homes or property.
14 23. 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
16 Directors of Community Development and Housing and Redevelopment.
1 7 24. Prior to issuance of the building permit, the Developer shall enter into a Parking In-
Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for
one (1) parking space. The fee shall be the sum total of the fee per parking space in
19 effect at the time of the building permit issuance times the number of parking spaces
needed to satisfy a portion of the commercial (retail/office) component of the
20 project's parking requirement (1 space total).
fj 1Z1 25. The project shall have a master cable television hookup. Individual antennas shall
22 not be permitted.
23 26. There shall be separate utility systems for each unit.
24 27. Building materials identified in acoustical study prepared by Eilar Associates shall
be used in the building construction in order to reduce noise levels to an acceptable
level.
26
28. Solid masonry walls shall be installed along all common lot lines that adjoin an
27 existing residential use.
28 STANDARD CODE REMINDERS:
DRB RESO NO. 308 -9-
1
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
3 Fees
4 29. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
, 30. 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
7 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
8
General
31. 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
1 1 building permit issuance, except as otherwise specifically provided herein.
13
32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
14 33. 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 & Redevelopment Director prior to installation of such signs.
17 ENGINEERING CONDITIONS:
18 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 building or grading permit whichever
occurs first.
21 General
22 36. 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.
24 37. A right of way permit will be required for sidewalk reconstruction / repair and utility
25 services and under grounding or removal of utility poles.
26 38. 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.
28
DRB RESO NO. 308 -10-
39. Prior to the issuance of a building permit, Developer shall submit to the City Engineer
2 proof that the existing lots within this project have been consolidated or merged in
accordance with the Carlsbad Municipal Code.
3
Fees/Agreements
4
40. 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.
41. 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.
10 Grading
42. No grading for private improvements shall occur outside the limits of this approval unless
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
43. Based upon a review of the proposed grading and the grading quantities shown on the
14 Site Plan and preliminary grading plan, a grading permit for this project is not
required.
15
44. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar of the
site plan and preliminary grading plan reflecting the conditions as approved by the final
17 decision making body (including any applicable Coastal Commission approvals). The
reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed
18 by the City's project engineer and project planner prior to submittal of the building plans,
final map, improvement or grading plans, whichever occurs first.
20 45. 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
21 with any grading or building permit.
22 46. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
24 "California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas or City right-of-
25 way. 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:
27
A. All owners and tenants shall coordinate efforts to establish or work with
28 established disposal programs to remove and properly dispose of toxic and
DRB RESO NO. 308 -11-
hazardous waste products.
2 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
3 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
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
6 containers.
7 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.8
0 47. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Manangement Plan
10 (SWMP)". The SWMP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
1 Quality Control Board and City of Carlsbad Requirements. The SWMP shall
address measures to reduce, to the maximum extent practicable, storm water
pollutant runoff at both construction and post-construction stages of the project.
13 The SWMP shall:
14 a) Identify existing and post-development on-site pollutants.
b) Recommend source control and structural Best Management Practices to filter
said pollutants.
,c c) Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
17 procedures for handling clean up and disposal of pollutants.
d) Ensure long-term maintenance of all post construct BMPs in perpetuity.
18
19
20
21
22
23
24
25
26
27
28
DRB RESO NO. 308 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 26th day of June, 2006 by the following vote to wit:
AYES: HEINEMAN, LAWSON AND SCHUMACHER
NOES: NONE
ABSENT: BAKER AND MARQUEZ
ABSTAIN: NONE
COUI
DESIGN REVIEW BOARD
AIRPERSON
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 308 -13-