HomeMy WebLinkAbout1998-02-23; Design Review Board; Resolution 2601
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DESIGN REVEW BOARD RESOLUTION NO. 260
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR
REDEVELOPMENT PERMIT, INCLUDING VARIANCES FOR FRONT AND
REAR SETBACKS WHICH EXCEED THE MAXIMUM STANDARD
RANGE, FRONT AND SIDE SETBACKS WHICH ARE BELOW THE
STANDARD RANGE, A PORTION OF THE ROOF WHICH DOES NOT
LOADINGKJNLOADING AREA FOR PARTICIPANTS, FOR THE JOIN
HANDS YOUTH FACILITY PROJECT ON PROPERTY LOCATED ON THE
WEST SIDE OF ROOSEVELT STREET, BETWEEN PINE AND WALNUT,
IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA.
MEET THE REQUIRED 4:12 ROOF PITCH AND AN OFF-SITE
CASE NAME:
APN: 204-081-08, 09, 10
CASE NO: RP 97-03
JOIN HANDS SAVE-A-LIFE YOUTH FACILITY
WHEREAS, Join Hands Save-A-Life, California Non-Profit Corporation,
“Developer”, has filed a verified application with the Housing and Redevelopment Agency of the City
of Carlsbad regarding property owned by Join Hands Save-A-Life, California Non-Profit
Corporation, “Owner”, described as Lots 27, 28 , and 29 in Block 31, in the Town of Carlsbad, 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 variances for the front and rear setbacks which exceed the maximum of the standard range, the
front and side setbacks which are below the minimum of the standard range, the portion of the gym
roof which does not provide the required 4:12 roof pitch and an off-site loading/unloading area for
participants, as shown on Exhibits A-C, dated November 24, 1997, on file in the Housing and
Redevelopment Department, “Join Hands Project RP 97-03” as provided by Chapter 21.35.080 of the
Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 24th day of November, 1997, hold
a duly noticed public hearing as prescribed by law to consider said request; and
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DRB Resolution No. 260
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WHEREAS, the Design Review Board did continue said public hearing on the 24* of
November, 1997 to the 26* of January, 1998 for additional consideration on the requested variances;
and
WHEREAS, at said public hearing on the 26* of January, 1998, upon hearing and
considering all testimony and arguments, if any, of persons desiring to be heard, the Design Review
Board did continue said public hearing to the 23d of February, 1998, to consider all factors relating to
“Join Hands Project” RP 97-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Design Review
Board recommends APPROVAL of a Major Redevelopment Permit for the Join
Hands Save-A-Life Youth Facility Project, RP 97-03, including variances for the
front and rear setbacks which exceed the maximum range, for the front and side
setbacks which are below the minimum range, for the portion of the roof which
does not provide for the required 4:12 roof pitch and for an off-site
loading/unloading area for participants, based on the following findings and subject
to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board has recommended approval of a Negative Declaration for the subject
project and has determined that the project will have no significant environmental impact.
2. The Project qualifies as a Major Redevelopment Permit with requests for variances under
Chapter 21.35 of the Carlsbad Municipal Code because the project involves new construction
of a building, or addition to an existing building, with a building permit valuation which
exceeds $150,000.
3. The Project is not located within the Coastal Zone. Therefore, no Coastal Permit is required.
4. The Project is 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 approval of the following required
findings to allow for variances for no side setbacks, no setback for the ffont entry, a $’at roof
for a portion of the building to accommodate the gym facility, the front and rear setbacks that
exceed the standard range and an off-site loading/unloading area for participants:
a) The application of certain provisions of this chapter will result in practical
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DRB Resolution No. 260
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difficulties or unnecessary hardships which would make development inconsistent
with the general purpose and intent of the Carlsbad Village Redevelopment Plan. A
need has been publicly expressed for additional youth activities within the
community which will provide a diversion to gang activities and other activities
which may have an adverse impact on the community. The Join Hands organization
purchased the subject site in an effort to maximize the use of its available funding,
while also locating the project in an area where the need for the facility currently
exists. It would be difficult for the applicant to sell the current site and locate an
alternate site that would be larger and would be still located within the same area
which would accommodate the type of facility that is desired and depicted within
the current plans. The organization has not been able to locate an alternate site
which is financially feasible or acceptable in terms of the proposed land use. The
requested variances are necessary in order for the applicant to construct a youth
facility which is appropriate for the type of programs to be offered to youths within
the neighborhood. The required roof pitch for the gym and the setbacks would not
allow for the appropriate height and length for the basketball court and gym room.
As related to the off-site loading/unloading area, the Board finds that the off-site
location will not impede vehicular traffic or create conflicts with pedestrians. In
addition, the proposed project is located mid-block in an area where vehicle speeds
are lower and the street is wide enough to accommodate the off-site
loading/unloading area.
b) 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 standard, restrictions, controls. The proposed
project represents a unique use with unique circumstances. Because the project
provides for a facility which is not typical in terms of other commercial buildings
in the area, there are certain facility design requirements such as the setbacks and
roof pitch which present a conflict for the applicant in terms of the programs to be
offered within the subject facility. The applicant has proposed a gym which has
minimum size requirements. This is not a typical problem for other commercial
projects in the area. Without the required setback variances, the applicant could not
provide an acceptable basketball court in terms of size. In addition, a pitched roof
on the gym would reduce the total buildable area by 10 to 15%, which is not
acceptable and would be detrimental to the programs desired by youths within the
area. Because of the nature of the programs to be offered by the applicant, there
are also exceptional circumstances which result in less need for an on-site
loading/unloading area. The participants will arrive at differing times throughout
the afternoon and evening, which is much different than an elementary school
where students are arriving basically at the same time in the morning and leaving at
the same time in the afternoon and creating a much more significant potential for
traffic conflicts. A majority of the participants in the Join Hands programs will be
arriving as pedestrians or bicycle riders. The Board finds that the exceptional
circumstances due to the type of programs provided by the applicant justify a
variance from the subject development standards.
c) The granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area. The reduced
setbacks will not be detrimental because the property to the south provides for a
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DRB Resolution No. 260
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commercial, car repair business. The reduced side yard setback will have no
negative impact in terms of noise or other conflicts. In addition, the residential unit
to the north is separated from the subject project by a driveway which is
approximately 25 feet in width, which allows for an appropriate separation between
the new and the existing buildings to the north. As related to the roof pitch, the
variance will not be detrimental because the building as currently designed does
provide for the desired mission style architecture both in materials and proportions.
Pedestrians will see the pitched roof at the front and rear of the building and will
generally not notice that the gym roof is flat in design. Since a significant portion
of the building is designed with the appropriate roof pitches, the flat portion of the
gym roof will not be materially detrimental or injurious to the public welfare, other
properties or improvements in the area. In addition, the limited hours of the facility
operation will reduce any impact on neighboring properties. The off-site loading
and unloading area will have no detrimental impact on surrounding properties due
to the already existing mixed use nature of the land uses within the area.
Employees of surrounding businesses will generally arrive at work prior to the
opening of the youth facility and will leave the businesses prior to the highest
anticipated usage period for the youth facility. The youth facility use hours are at
off-peak hours in terms of commercial compatibility and will provide for closure at
an hour which should have minimal impact on the neighboring residential.
d) The granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual because those standards were intended to
be somewhat flexible in order to encourage diversity and variety. The Village
Master Plan and Design Manual does recognize that there may be circumstances
under which it is appropriate to grant variances in order to appropriately develop
any given site based on the specific facility needs within the area. As related to the
gym roof, the granting of the variance will not contradict the standards because the
entire front and rear elevations of the building have been designed with the
required 4:12 roof pitch. Visually, pedestrians will still enjoy a pitched roof view
with the current project design. The combination of flat and pitched roofs allow for
diversity in design which is encouraged by the design guidelines within the Village
Master Plan and Design Manual. In total design concept, the granting of the subject
variances, including the off-site loadinghnloading area will not contradict the
standards because the project has been designed in a manner consistent with the
pedestrian orientation which is desired for the area and set forth as an objective of
the Village Master Plan and Design Manual. There is adequate area to the rear of
the proposed building (within the public right-of-way, off of Tyler Street at the
sidewalk curb) to allow for participants to be dropped off and picked up safely
without having a detrimental impact on traffic flow within the area. These
conditions are all consistent with the standards set forth in the Village Master Plan
and Design Manual.
e) The project is in a location where adjacent buildings are setback further than the
permitted standard (range), adjacent buildings are likely to remain, and setting the
structure back to the desired standard will maintain and reinforce the Village
character of the area. The subject property is in a location which has varying
setbacks. To the north, the residential property is setback in the front by
approximately 15 feet. To the south, the commercial property is setback in the rear
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DRB Resolution No. 260
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by nearly 77 feet. It is expected that these buildings will remain for many more
years. The larger setbacks in the front and rear of the building allow for a design of
the building which provides for more articulation in the building, which ultimately
results in a building which is more visually interesting and appealing. The larger
rear setbacks allow for a private outdoor patio and a rear parking lot, which are
both desirable features of the project.
f) The project is in a location which is in a transition area to residential development
and where increased setbacks would soften the visual transition between
commercial and residential development or would protect the livability of the
residential development. The project is located in a very mixed use area with a
gradual transition into residential. The proposed project serves as a “bridge”
between the uses in terms of the mixed setbacks. The increased setbacks in the
front and rear help to create an appropriate transition from the residential to the
north to the commercial property to the south.
5.
6.
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 approval of the
findings noted above to grant the requested variances. The following required findings will
allow for the reduced front and yard setbacks, to the minimum of five (5) feet (of the
acceptable range):
The reduced standard will not have an adverse impact on surrounding properties.
The project is located in an area which has a mix of uses, both commercial and
residential. The commercial property to the south has a similar (5 feet) setback.
The residential property to the north is setback approximately 15 feet from the
property line. The reduced setbacks will have no adverse impact on the residential
property to the north or the commercial property to the south.
The reduced standard will assist in developing a project which meets the goals of
the Village Redevelopment Area and is consistent with the objectives for the land
use district in which the project is to be located. The reduced standard is necessary
in order to allow the applicant to construct a building which can provide needed
services to the youths of the area. It allows for a more visually appealing design
and assists in the effort to create a gym area which is the appropriate size to
accommodate a boxing ring and related facilities.
The reduced standard will assist in creating a project which is interesting and
visually appealing and reinforces the Village character of the area. The project
design is consistent with the guidelines for the Village and the reduced setback
standard in the front will allow for articulation in the building which assists in the
effort to make the building visually interesting and more appealing.
The Design Review Board has found that the applicable parking requirement for the proposed
project shall be the same as that applied to elementary schools, as set forth within Chapter
21.44 of the Carlsbad Municipal Code. The project shall provide for a total of three parking
spaces which meets the applicable standard for elementary schools and will provide a loading
and unloading area at the curb off of Tyler Street, to the rear of the subject project. The Design
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Review Board has determined that the loading and unloading area to be provided off of Tyler
Street at the sidewalk curb is acceptable and meets the intent of the applicable parking standard.
The applicable findings, as noted above, have been made in order to grant a variance to allow
the loadinglunloading area to be provided off-site.
GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS:
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.. 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:
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, with approval of
the requested variances, because it will provide for a land use (youth facility) which
supports the residential units within Land Use District 5 of the Village
Redevelopment Area.
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 serve
the development. The pedestrian spaces and circulation have been designed in
relationship to the land use and available parking. Pedestrian circulation is provided
through pedestrian-oriented building design, landscaping, and hardscape. Public
facilities have been or will be constructed to serve the proposed project. The
project has been conditioned to develop and implement a program of “best
management practices” for the elimination and reduction of pollutants which enter
into andlor are transported within storm drainage facilities.
The proposed project will not have an adverse impact on any open space within the
surrounding area. The project is being developed on a vacant lot which has
appropriate zoning for a youth facility. 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 is exempt from paying public facilities fees because the
applicant is a non-profit organization.
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:
a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service
remains available, and the District Engineer is satisfied that the requirements of the
Public Facilities Element of the General Plan have been met insofar as they apply
to sewer service for this project.
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DRE3 Resolution No. 260
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b) All necessary public improvements have been provided or are required as
conditions of approval.
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The project has been conditioned to pay any new construction tax, or development fees, and has
agreed to abide by any additional requirements established by the Local Facilities Management
Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code, which are applicable to
the project. This will ensure continued availability of public facilities.
This project has been conditioned to comply with any applicable requirement approved as part of
the Local Facilities Management Plan for Zone 1.
The project is conditioned to comply and remain consistent with the City's Landscape Manual,
adopted by City Council Resolution No.90-384.
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:
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The Design Review Board does hereby recommend APPROVAL of a Major Redevelopment
Permit, for the Join Hands Project, including variances for the front and rear setbacks which
exceed the standard range, front and side setbacks which are below the standard range, a
portion of the roof which does not meet the required 4:12 roof pitch and an off-site
loadinghnloading area for participants, as provided for in RP 97-03 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 for the project
The Developer shall provide the Agency with a reproducible 24" X 36", mylar copy of the Site
Plan for the project 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.
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
Design Review Board Resolution No. 260 on the real property owned by the Developer. Said
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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.
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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.
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 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.
Building identification and/or addresses shall be placed on all new buildings so as to be plainly
visible from the street; color of identification and/or addresses shall contrast to their background
color.
The Developer shall comply with all applicable provisions of federal, state and local ordinances
in effect at the time of building permit issuance.
The Developer shall construct a six foot (6’) masonry block wall on the north side of the
common property line. The height of the solid block wall shall drop to forty-two inches
(42”) ten feet (10’) from the east and west property line for pedestrian visibility purposes.
The hours of operation for the subject facility shall be 3pm to lOpm, Monday through
Friday, and Sam to 1Opm on Saturday. No youths may remain in the facility after the
noted hours.
The applicant shall ensure that full-time adult supervision is provided at all times during
the hours of operation noted above.
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DRB Resolution No. 260
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16. The applicant shall provide for the installation of permanent bicycle racks as noted on the
preliminary lighting plan submitted by the applicant and dated January 26, 1998.
ENGINEERING CONDITIONS:
1. The developer shall pay all current fees and deposits required.
2. 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.
3. Prior to issuance of any building permit, the 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.
4. Prior to issuance of building permit(@, the developer shall fde and receive approval of a
boundary adjustment application with the City to merge the three existing lots so that the
project site is situated on one lot.
5. Prior to issuance of building permit(& the applicant shall obtain a City right-of-way
permit to install driveway aprons in the public right-of-way on Tyler Street.
WATER, SEWER AND FIRE CONDITIONS
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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) 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 (Le., GPM - EDU).
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
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conformance with applicable fire and life safety requirements of the stand 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.
6. 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.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following code requirements.
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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.
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.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 23rd day of February, 1998, by the following
vote to wit:
ATTEST:
n
Mta I dl DmE FOUNTAIN
AYES:
NOES :
ABSENT:
ABSTAIN:
Board Members: Compas, Savary & Scheer.
Chairperson Welshons and Board Member Marquez.
None.
None.
KIM WI~LSHONS, CHAIRPERSON
DESIGN REVIEW BOARD
HOUSING AND REDEVELOPMENT DIRECTOR