HomeMy WebLinkAbout1998-12-14; Design Review Board; Resolution 2654.5 - .
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DESIGN REVIEW BOARD RESOLUTION NO. 265
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
VARIANCES FOR FRONT YARD SETBACKS WHICH EXCEED THE
MAXIMUM STANDARD RANGE, FOR THE 141 ROOM CARLSBAD
VILLAGE RESORT HOTEL PROJECT ON PROPERTY LOCATED ON
THE EAST SIDE OF CARLSBAD BOULEVARD, BETWEEN
CHRISTIANSEN WAY AND BEECH STREET, IN LAND USE
DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA AND IN
LOCAL FACILITIES ZONE 1.
CASE NAME:
MAJOR REDEVELOPMENT PERMIT NUMBER RP98-08, INCLUDING
CARLSBAD VILLAGE RESORT HOTEL
APN: 203-172-12, 21, 23
CASE NO: RP 98-09,
WHEREAS, Heritage West Development Corporation, “Developer”, has filed a verified
application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property
owned by the Carlsbad Boulevard Hotel Partnership, Reva C. Hooper, and Stella M. Stamp,
“Owners”, and known as Assessor Parcel Numbers 203-172-12, 203-172-21, 203-172-23 and more
thoroughly described in Attachment A, (“the property); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit and a
variance for the front yard setback which exceeds the maximum of the standard range, as shown on
Exhibits A-K, dated November 23, 1998, on file in the Housing and Redevelopment Department, as
provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the regularly scheduled meeting of the Design Review Board of November
23, 1998, was canceled and was continued to a special meeting of the Design Review Board on
December 14, 1998; and
WHEREAS, the Design Review Board did on the 14” day of December, 1998, hold a duly
noticed special public hearing as prescribed by law to consider said request;
WHEREAS, at said special public hearing on the 14” day of December, 1998, 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 98-08.
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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 Carlsbad Boulevard Resort Hotel Project, RP 98-08, including a variance for
the front yard setback which exceeds the maximum range, 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 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 located within the Coastal Zone. Therefore, a Coastal Development
Permit is required.
4. 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 following required findings to allow for a variance
for a front setback that exceeds the standard range:
a) The application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development
inconsistent with the general purpose and intent of the Carlsbad Village
Redevelopment Plan. The Carlsbad Village Master Plan & Design
Manual encourages uses, such as hotels, that promote goals and objectives of
the Master Plan. The project has been designed with an increased front yard set
back in several locations which improve both the function and physical
appearance of the structure. The increased set back allows for increased
landscaping along Carlsbad Boulevard, and for a drop-off point for hotel guests.
The implementation of the standard would result in an inferior design and
decreased functionality.
b) There are exceptional circumstances or conditions unique to the property or the
proposed developments which have the same standard, restrictions, controls. The
project site is constrained due to the sloping topography of the land. Due to this
constraint, the applicant has designed a project which provides increased
landscaping, a high quality building design, increased building functionality, and
DIU3 RES0 NO. 265
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is consistent with other buildings in the neighborhood. The applicant has made a
good faith effort to design the remainder of the building with appropriate
building setbacks. The proposed hotel provides setbacks which are similar to
buildings along Carlsbad Boulevard.
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
setbacks above the maximum will not have a detrimental impact on neighboring
properties because other properties along Carlsbad Boulevard have setbacks
which exceed 10 feet. The applicant has designed the entire project in a manner
which is visually appealing and architecturally interesting. Therefore, the
increased setback in the front actually assists in the effort to create a more
visually appealing building within the front elevation
The granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual. The proposed project is consistent with
the Village Master Plan and Design Manual in varying degrees. The portions of
the project which exceed the standard range, do not create a situation which
contradicts the intent of the standards established in the subject document. The
project is well-designed and will meet the needs of the hotel guests community
which is consistent with the goals and objectives of the Village Master Plan and
Design Manual.
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 south, the residential property is setback in the front by
approximately 15 feet. To the west, buildings such as St. Michael’s Church and
the newly constructed Lutheran Retirement Home have setbacks in excess of 25
feet. It is expected that these buildings will remain for many more years. In
addition, these larger setbacks allow for a design of the building which allows
for more articulation in the building, which ultimately results in a building which
is more visually interesting and appealing.
5. 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 following required findings to allow for a
provisional land use:
a) The hotel has been designed to be compatible with the surrounding
neighborhood. The size and scale of the building is compatible with existing
commercial structures to the south and west. The project is adjacent to single
family and multi-family residences to the north and to the east. The single
family homes to the north pose the most significant compatibility issue. The
project has been designed to include a 6 foot masonry wall adjacent to the
existing residences to the north. While there is no minimum or maximum
DRB RES0 NO. 265
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setback requirement along the northern portion of the project, the developer has
provided a 10 foot setback from the property line adjacent to the residences.
Also, the landscape plan calls for tall growing trees that will aid in screening the
hotel. Finally, the existing single family land uses are legal non-conforming
uses. Thus, the homes will be allowed to remain as long as so desired by the
property owners. However, their can be no expansion of the uses. Over the
long term, it is anticipated that these uses will ultimately be replaced with
commercial/retail land uses consistent with the goals and objectives of the
Carlsbad Village Master Plan & Design Manual.
The proposed frontage is consistent with the surrounding commercial and non-
commercial uses.
The project has been designed so that there will be a minimum impact to
surrounding land uses from parking and loading. Parking will be located at the
rear of the property and below ground. The entrances to the parking areas have
been designed to provided landscaping and screen walls incorporated to lessen
the impact from parking. Also, the project has been conditioned to prohibit any
deliveries in the areas adjacent to the existing residences.
6) 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.
GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS:
1. 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 a commercial use (hotel) which supports the existing
commercial uses within Land Use District 1 of the Village Redevelopment Area.
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 serve
the development. The pedestrian spaces and circulation have been designed in
relationship to the land use and available parking. Pedestrian circulation is
provided through pedestrian-oriented building design, landscaping, and
hardscape. Public facilities have been or will be constructed to serve the
proposed project. The project has been conditioned to develop and implement a
program of “best management practices” for the elimination and reduction of
pollutants which enter into and/or are transported within storm drainage
facilities.
DRB RES0 NO. 265
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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 hotel 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 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.
b) All necessary public improvements have been provided or are required as
conditions of approval.
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:
1. The Design Review Board does hereby RECOMMEND APPROVAL of a Major
Redevelopment Permit, for the Carlsbad Village Resort Hotel , as provided for in
RP 98-08 subject to the conditions herein set forth. Staff is authorized and directed
to make,
DRB RES0 NO. 265
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or require Developer to make, all necessary corrections and modifications to the
Major Redevelopment Permit 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/Operator shall and does hereby agree to indemnify, protect, defend
and hold harmless the City of Carlsbad, its Council members, officers, employees,
agents, and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees incurred by the
City arising, directly or indirectly, from (a) City’s approval and issuance of this
Major Redevelopment Permit, (b) City’s approval or issuance of any permit or
action, whether discretionary or non-discretionary , in connection with the use
contemplated herein, and (c) Developer/Operator’s installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising
from the emission by the facility of electromagnetic fields or other energy waves or
emissions.
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. Said blueline drawing(s) shall also include a copy of any applicable
Coastal Development Permit and signed approved site plan.
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 and to fulfill the
developer’s/subdivider’s agreement to pay the public facilities fee dated May 8,
1998, a copy of which is on file with the City Clerk and is incorporated by this
reference. If the fees are not paid, this application will not be consistent with the
General Plan and approval for this project will be void.
This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 1 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
DRB RES0 NO. 265
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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. 265
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.
An exterior lighting plan including parking areas shall be submitted for Housing
and Redevelopment Director approval prior to the issuance of building permits.
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.
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
DRB RES0 NO. 265
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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.
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 eastern
and northeastern property lines. The design of the wall shall be compatible with
the proposed project’s architecture to the satisfaction of the Housing and
Redevelopment Director.
All deliveries to the hotel shall be made either in the front driveway or from the
rear parking lot. At no time shall deliveries be permitted in the parking area off
Beech Street.
The deck area located along the north side of the building shall be set back from
the property line by five (5) feet, or the maximum amount permitted by the Chief
Building Inspector to allow for adequate exiting of the building.
Prior to the issuance of occupancy permits, the parking area located on the north
side of the project, located off Beech Street shall be posted with signage that
clearly states that deliveries to the hotel are prohibited at all times. Signage shall
be reviewed and approved by the Housing and Redevelopment Director.
Landscaping materials identified on the preliminary Landscape Plan for the
planter areas adjacent to the eastern and northeastern property lines shall consist
of trees that are a minimum 36 inch box size and shrubs which are a minimum of
5 gallon size.
The Developer shall construct a minimum five-foot high noise barrier as required
by the mitigated negative declaration. The noise barrier may be constructed as a
wall, berm, or combination of both. The materials used to construct the noise
barrier are required to have a minimum surface density of 3.5 pounds per square
foot. Such materials may consist of masonry, 5/8-inch Plexiglas, 3/8-inch
tempered glass, or a combination of these materials. The required noise barrier
shall be shown on the project’s building plans and be constructed prior to the
issuance of an occupancy permit.
Prior to the issuance of a building permit, the Developer shall provide an
acoustical analysis will be required for the project to insure that interior noise
levels will not exceed a CNEL of 45 dB within the hotel rooms. Prior to the
issuance of a building permit, the applicant shall submit a copy of the required
interior acoustical analysis documenting what construction materials or measures
must be utilized to meet the required interior noise levels. In addition a letter
signed by the acoustician and the project architect and containing the project
architect’s registration stamp shall be submitted prior to the issuance of a
building permit certifying that the recommendations of the interior acoustical
analysis have been incorporated into the building plans.
DRB RES0 NO. 265
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The Developer shall revise the site plan for the project to provide one additional
parking space. Should the Developer not be able to provide the additional space,
the Developer shall reduce the number of hotel rooms by one room. The
provision of the additional space or the reduction in total rooms shall be reviewed
and approved by the Housing and Redevelopment Director prior to the issuance
of a building permit or grading permit, which ever occurs first.
The Developer shall provide signage consistent with the approved building
elevations. All wall signs shall be individual illuminated channel letters. Should
the developer wish to receive provide additional signage which is consistent with
the Carlsbad Village Master Plan & Design Manual, the additional signs
shall be reviewed and approved by the Housing and Redevelopment Director
shall be required.
Approval of RP98-08 is granted subject to the approval of CDP98-48.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may
have to pay a linkage fee, in order to be found consistent with the Housing Element of
the General Plan. If a linkage fee is established by City Council ordinance and/or
resolution and this project becomes subject to a linkage fee pursuant to said ordinance
and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay
the linkage fee. The linkage fee shall be paid at the time of issuance of building
permits, except for projects involving a request for a non-residential planned
development for an existing development, in which case, the fee shall be paid on
approval of the final map, parcel map or certificate of compliance, required to process
the non-residential PUD, whichever pertains. If linkage fees are required for this
project, and they are not paid, this project will not be consistent with the General Plan
and approval for this project will become null and void.
The redevelopment permit shall be subject to review by the Housing and
Redevelopment Director on a yearly basis to determine all conditions of this permit
have been met. After providing the permittee the opportunity to be heard, this permit
may be revoked at any time after a public hearing, if it is found that the conditions
imposed herein have not been met.
The developer shall work with the hotel operator to discourage guests of the hotel
from displaying towels or articles of clothing on balcony railings.
The developer shall work with the trash service provider to arrange for trash to
be picked-up after 1O:OO a.m.
Prior to the issuance of any building permit, the developer shall submit a final
color and materials board for review and approval by the Housing and
Redevelopment Director.
DRB RES0 NO. 265
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ENGINEERING CONDITIONS:
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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.
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.
Prior to issuance of building permit, the developer shall file 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.
Prior to issuance of building permit, the developer shall obtain a City right-of-way
permit to install driveway aprons in the public right-of-way on Carlsbad Boulevard,
Christiansen Way, and Beech Street.
Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
Prior to issuance of building permits, the developer shall underground all existing overhead
utilities along the project boundary.
The developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. The developer shall provide 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
improvements.
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Prior to the issuance of building permits, 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 and the
following improvements:
0
0
Proposed street widening of Christiansen Way
Proposed street widening of Beech Avenue
The developer shall install street lights along all public and private street frontages in
conformance with City of Carlsbad Standards.
The developer shall install sidewalks along all public streets abutting the project in
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
Prior to occupancy of any buildings, the developer shall install wheelchair ramps at the
public street corners abutting the project site in conformance with City of Carlsbad
Standards.
The structural section for the access aisles must be designed with a traffic index of 5.0 in
accordance with City Standards due to truck access through the parking area and/or aisles
with an ADT greater than 500. The structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information and approved by the City as
part of the building site plan review.
Suecial Conditions:
14. The developer shall install and maintain sight distance corridors at all driveway intersections
with the public streets in accordance with Engineering Standards.
The driveway approach to the ramp located on Beech Avenue shall be constructed to a
minimum 30 foot width
Prior to the approval of this permit, the developer shall receive City Council approval
and record a street vacation of a portion of Christiansen Way.
Prior to the issuance of a building permit, the developer must show proof of
recordation of the quitclaim of the existing SDG&E easements.
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WATER. SEWER AND FIRE CONDITIONS
1. 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.
2. 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.
3. The Developer shall provide all-weather emergency ingress and egress along the north side of
the building in a manner acceptable to the Fire Marshall.
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The Developer shall upgrade the proposed gravel exit path serving the North end of the
building to landscape, and extend the path along the perimeter of the property to Beech
Street.
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) Meet with the District’s Project Engineer to discuss preliminary layouts for public water
line improvements (looped pipeline system).
c) Meet with the District’s Project Engineer to discuss potable water meter, reclaimed
water meter and sewer lateral locations.
d) 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
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.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following code requirements.
1. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
2. 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.
3. 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.
DRB RES0 NO. 265
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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.
The developer shall exercise special care during the construction phase of this project to
prevent off-site siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer.
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 November 23, 1998 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.
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DIU3 RES0 NO. 265
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PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review Board
of the City of Carlsbad, California, held on the 14* day of December, 1998 by the following vote to
wit:
AYES: Chairperson Compas, Board Members: Marquez, Savary, Marois &
For syth , Jr .
NOES: None.
ABSENT: None.
ABSTAIN: None.
DESIGN REVIEW BOARD
ATTEST:
u
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 265
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