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HomeMy WebLinkAbout1996-10-16; Design Review Board; Resolution 252.. ,* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 DESIGN REVIEW BOARD RESOLUTION NO. 252 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, ECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF A MIXED USE BUILDING INCLUDING RETAIL, WORKSHOP SPACE AND FOUR RESIDENTIAL UNITS AS WELL AS RELATED SIGNAGE AND SITE IMPROVEMENTS ON PROPERTY LOCATED AT 507 PINE STREET IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: SCHILLING MIXED USE PROJECT APN: 204-08 1-0 1 CASE NO: RP 95-05 WHEREAS, John Schilling, “Developer” has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by John Schilling, “Owner”, described as Lots 17, 18 and 19 in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the property); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit and Sign Permit as shown on Exhibits A-F, dated September 18, 1996 on file in the Housing and Redevelopment Department, Schilling Mixed Use Project RP 95-05 as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did, on the 18th day of September, 1996, and on the 16~ day of October, 1996, hold duly noticed public hearings 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 Major Redevelopment Permit 95-05. DRB RES0 NO. 252 PAGE 1 . 1’ 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 as follows: ,- NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board 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 Major Redevelopment Permit, Schilling Mixed Use Project, RP 95-05, and the related sign permit based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Design Review Board finds that the subject project will have no significant impact on the environment and has recommended approval of a Negative Declaration for the subject project to the Housing and Redevelopment Commission. 2. The Project qualifies as a Major Redevelopment Permit under Chapter 21.35 of the Carlsbad Municipal Code because the project involves new construction of a building with a building permit valuation exceeding $150,000. 3. As established within the staff reports to the Design Review Board dated September 18, 1996 and October 16, 1996, the Project has been determined to be consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth with the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with the following additional findings to allow for reduced setback and parking standards, an increase in density for one (1) unit, and for non-standard street improvements: a) The reduced setback and parking standards will not have an adverse impact on surrounding properties due to the location of the project site. The site is bordered on three sides by public streets and adjoined on the south by a single family property. The building is separated from the single family home by the parking lot and five foot landscaped setback. Also, there are a variety of setbacks already existing in the area of the project. b) The reduced setback and parking standards 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 located. The reduced setback and parking standards will allow the applicant to build a project which will be financially feasible and remain generally consistent with the established development standards for the area. Mixed use, neighborhood commercial development is very desirable within Land Use District 5. The reduced setback and parking standards are necessary to facilitate the development of the proposed project. DRl3 RES0 NO. 252 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RES0 NO. 252 PAGE 3 The reduced setback and parking standards will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. Due to the fact that Roosevelt Street represents a pedestrian corridor and that there are a number of residential units in the immediate area of the proposed project, it was important to design the project in a manner which takes advantage of pedestrian traffic and does not conflict with it. By developing the subject project in a manner which brings it closer to the sidewalks and designing the parking lot as proposed, the project will connect better with pedestrians and create a more positive interaction between residents, commercial tenants and the pedestrians in the area. The project is compatible with surrounding land uses. The land uses surrounding the proposed project include a variety of uses such as residential, retail, and light industrial. In addition, mixed use projects are strongly encouraged within Land Use District 5, as set forth in the new Village Master Plan. Also, mixed use projects are encouraged for the Village, as stated in the Carlsbad General Plan. The public facilities, such as sewer, water, and other public improvements, are currently in place and adequate to allow construction of the subject project, with the increased density. The project is located in close proximity to a freeway (I-5), major roads (Carlsbad Village Drive and Carlsbad Boulevard, elementary schools (Pine and Jefferson), a park (Chase Field) and the Village Transit Station. There are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a standards waiver to allow for non-standard street improvements. The east side of the project site fronts on Roosevelt Street, which is the designated corridor for future thematic streetscape improvements, similar to the streetscaping project recently completed along Carlsbad Village Drive. It is anticipated that the improvements to be installed under this standards waiver will be compatible and enhance the connection of Pine Street to the future Roosevelt Street Improvements. The improvements will consist of enhanced brick pavers, landscaping, lighting, and sitting areas. The applicant is willing to install these improvements at their own expense and has limited the improvements along their project frontage on Roosevelt Street to provide an opportunity for the future streetscape theme to continue uninterrupted along the designated corridor. The granting of a standards waiver for the non-standard street improvements will not cause substantial drainage problems. The proposed surface improvements are to be installed to match the existing grade and elevations of the existing improvements, which drain in a positive direction 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 to the public storm drain system. i) The granting of a standards waiver for the non-standard street improvements will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use. The proposed improvements do not involve modifications to the travel lanes of the streets nor will it cause any changes to the street parking. The width of the existing sidewalk fronting the project will not be changed. j) The granting of a standards waiver for the non-standard street improvements will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the standards waiver is granted. The proposed surface improvements will be at the same grade as the existing improvements and the landscape, lighting and benches will be situated out of the pedestrian travel path. k) The granting of a standards waiver for the non-standard street improvements will not adversely affect the comprehensive general plan. The roads surrounding this project are not designated as Circulation Element roadways within the Carlsbad General Plan. 4. The granting of the ten foot street vacation will have no adverse impact on vehicular circulation within the area and the surplus right-of-way is not required for future public street purposes. The project is approved with the understanding that the required street vacation will be approved by the Carlsbad City Council prior to approval of the redevelopment permit for the subject project. 5. Due to configuration of the site, the project is unable to provide an acceptable alternative for access to the site. Approval of an access off of Roosevelt Street will not have an adverse impact on pedestrian or vehicular circulation within the area. GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS: 6. The Design Review Board finds that the project, as conditioned herein is in conformance with the Elements of the City’s General Plan, based on the following: a) That the General Plan identifies the “Village” and references the Village Master Plan and Design Manual as the appropriate land use plan for the area. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Master Plan and Design Manual, effective as of January 12, 1996, because it will provide for an encouraged land use within Land Use District 5 of the Village Redevelopment Project Area. The uses allowed in this land use district include retail and residential as well as mixed use projects. b) That the existing streets can accommodate the estimated ADTs and all required public right-of-way has been dedicated and has been or will be improved to DRB RES0 NO. 252 PAGE 4 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 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, lighting and street furniture. 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. That the project is required to comply with Title 24 of the Uniform Building Code which sets forth insulation requirements to reduce internal noise levels for the residential apartment units to a level not to exceed 45 dBA CNEL, which is consistent with the Noise Element of the General Plan. The project is consistent with the City’s General Plan since the proposed project will be consistent with the residential density applicable to the RMH density designation which has been assigned to the property with the approval of a density increase and the findings below to exceed the Growth Management Control Point for the subject site. The project is permitted to exceed the Growth Management Control Point of 3.11 for the site based on the following findings: 1. 2. 3. There is no need for the project to provide additional public facilities for the density in excess of the control point (one housing unit).The Developer has been conditioned to pay the appropriate public facilities fee for the subject project which will ensure that adequate public facilities will be provided within the area to serve this and other projects in the future. There have been sufficient developments approved in the northwest quadrant at densities below the control point to cover the units in the project above the control point so that approval will not result in exceeding the quadrant limit. All necessary public facilities required by Chapter 21.90 of the Carlsbad Municipal Code will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development and in compliance with the adopted City standards. e) The project is consistent with the Housing Element of the General Plan, the City’s Inclusionary Housing Ordinance, and the Redevelopment Agency’s Inclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict one (1) dwelling unit as affordable to low income households. DRB RES0 NO. 252 PAGE 5 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 7. 8. 4. 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 commercial/mixed use development. The project is also consistent with the Open Space requirements for new development within the Village Redevelopment Area. 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 has been conditioned to pay all applicable fees related to the construction of public facilities, including parks and recreation facilities. The proposed project has been conditioned to require the developer to consult with the City’s Art Manager in the construction of the above standard public improvements which could incorporate art-related features, such as an artist designed park bench. The project is consistent with the City-wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: 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. Statutory School Fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. All necessary public improvements have been provided or are required as conditions of approval. The Developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared DRB RES0 NO. 252 PAGE 6 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 pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities. 9. The project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 10. The project is conditioned to comply and remain consistent with the City's Landscape Manual, adopted by City Council Resolution No.90-384. 11. 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. GENERAL AND PLANNING CONDITIONS: 12. 13. 14. 15. 16. The Design Review Board does hereby RECOMMEND APPROVAL of Major Redevelopment Permit, Schilling Mixed Use Project, RP 95-05, and the related sign permit, subject to the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all necessary corrections and modifications to the Exhibits and/or other documents to make them internally consistent and in conformity with final action on the project. Developer shall develop the property substantially as shown on the approved Exhibits, or first obtain appropriate amendment@) to this approval. The Developer shall provide the Agency with a reproducible 24" X 36", mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the Agency. The plan copy shall be submitted to the Planning Director and approved prior to building or grading permit approval, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution on a 24" X 36" blueline drawing. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan. If the fees are not paid, DRB RES0 NO. 252 PAGE 7 . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 17. 18. 19. 20. 21. 22. 23. this application will not be consistent with the General Plan and approval for this project will be void. The Developer shall provide proof of payment of statutory school fees, if applicable, to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. Prior to the issuance of the Redevelopment 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 a Redevelopment Permit by Resolution No. 252 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director or 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. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director or the Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director or Housing and Redevelopment Director. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director or Housing and Redevelopment Director. An exterior lighting plan including parking areas shall be submitted for Planning Director or Housing and Redevelopment Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Planning Director or Housing and Redevelopment Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director or Housing and Redevelopment Director prior to the approval of the grading or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain DRE3 RES0 NO. 252 PAGE 8 . .* 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 24. 25. 26. 27. 28. 29. all landscaping in a healthy and thriving conditions, free from weeds, trash and debris. The first submittal of detailed landscaping and irrigation plans shall be accompanied by the project’s building, improvement and grading plans. The project’s discretionary sign permit is approved as part of this redevelopment permit. All building signs shall conform to the plans submitted for approval under this permit. Any changes to the sign plan shall require prior written approval from the Planning Director or Housing and Redevelopment Director prior to the installation of signs on the building. Building permits shall be required for the installation of all approved signs on the building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street; color of identification and/or addresses shall contrast to their background color. Prior to the issuance of building permits for the building, including the residential units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1) dwelling unit within the project affordable to lower-income households for the useful life of the dwelling unit, in accordance with the requirements and process set forth in Chapter 21.85, Section 21.85.150 of the Carlsbad Municipal Code. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Prior to issuance of building permits, the Developer shall apply for and obtain approval to participate in the Village Parking In-Lieu Fee Program and pay the applicable fee established by the Carlsbad City Council for a total of four (4) parking spaces. If the Developer is unable to obtain approval to participate in the Parking In-Lieu Fee Program and/or does not pay the applicable fee for four (4) spaces, the approval of this permit shall become null and void. In preparing the detailed public improvement plans for the Project, which include non-standard sidewalk improvements the Developer shall consult with the City of Carlsbad’s City Engineer, Housing and Redevelopment Director and Arts Manager prior to completing the plans to design the project in a manner which is consistent with the proposed Roosevelt Street Streetscape Improvement Plans and incorporates appropriate art elements. The final improvement plans shall be approved by the City Engineer, following consultation with the Housing and Redevelopment Director. If the Roosevelt Street Streetscape Improvement Plans are not approved by the City of Carlsbad in a timely manner, the City Engineer is authorized to approve an alternate plan prepared by the Developer if acceptable to the City Engineer and Housing and Redevelopment Director. DRE3 RES0 NO. 252 PAGE 9 -I 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 30. 31. Where retail and workshop spaces are adjacent, the property owner of the subject project shall be required to lease the workshop and retail space together. The workshop space must be used as an extension of a single business operation. The workshop space may not be used for a business enterprise which is separate from the on-site retail space. The retail suites on the site may be used for the sale of items which are permitted within Land Use District 5. The workshop space may be used for the production of the same permitted sale items to be sold within the retail suite. ENGINEERING CONDITIONS: 32. 33. The developer shall pay all current fees and deposits required. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 34 The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide the best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a) All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 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 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 containers. c) Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvement. DRE3 RES0 NO. 252 PAGE 10 . .* 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 35. 36. 37. 38. Plans, specifications and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan. The structural section for the access aisle shall be designed with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area. The structural pavement design of the aisle way shall be submitted together with required R- value soil test information and approved by the City as part of the building site plan review. Prior to building permit issuance, the developer shall submit and receive approval of a street vacation of ten feet along the project frontage on Pine Avenue. If approval for the street vacation is not granted, approval of the site plan shall be null and void. Prior to building permit issuance, the developer shall submit and receive approval for an encroachment permit for the above ground non-standard street improvements from the City Engineer. WATER, SEWER AND FIRE CONDITIONS 39. 40, 41. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. The Developer shall be responsible for all fees, deposits, and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installations. Sequentially, the Developers Engineer shall do the following: a) Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. b) Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. c) Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e., GPM - EDU). DIU3 RES0 NO. 252 PAGE 11 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 20 42. 43. 44. ,/- This project is approved under the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the project plans. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and local Fire Codes. The plans must include a site plan which depicts the following: a) Location of existing public water mains and fire hydrants. b) Location of off-site fire hydrants within 200 feet of the project. c) Depiction of emergency access routes, driveways and traffic circulation for Fire Department approval. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 1. 2. 3. 4. 5. 6. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The project shall comply with insulation requirements for residential units to reduce the interior noise levels within the apartments to 45 dBA CNEL pursuant to Title 24 of State Building Code. 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 Planning and Building. DFU3 RES0 NO. 252 PAGE 12 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 7. 8. 9. 10. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Director. The project shall comply with recycling collection area requirements pursuant to Section 21.105.060. The recycling area shall be noted on the final plans submitted for applicable building permits for the project. 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 of the foregoing conditions fails to occur; or, if they are, by their terms, to be implemented and maintained over time; if any such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the Agency's approval of this Resolution. PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, California, held on the 16th day of October, 1996 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Design Review Board Members: Compas, Marquez, Savary & Scheer. Chairperson Welshons. None. None. KIM WELSHONS, Chairperson DESIGN REVIEW BOARD ATTEU: EVAN E. BECKER Housing and Redevelopment Director DRB RES0 NO. 252 PAGE 13