HomeMy WebLinkAbout1999-10-25; Design Review Board; Resolution 270.. *’
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DESIGN REVIEW BOARD RESOLUTION NO. 270
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
VARIANCES FOR FRONT AND REAR YARD SETBACKS WHICH
EXCEED THE MAXIMUM STANDARD RANGE AND A SIDE YARD
SETBACK WHICH IS BELOW THE MINIMUM STANDARD RANGE,
FOR A 7,200 SQUARE FOOT OFFICE BUILDING ON PROPERTY
LOCATED AT 2928 JEFFERSON STREET, IN LAND USE DISTRICT 2
OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: ESCROW TRANSFERS
REDEVELOPMENT PERMIT NlTMBER RP99-04, INCLUDING
APN: 203-354-05
CASE NO: RP 99-04
WHEREAS, Lyndie Meissner (a.k.a. Linda Meissner), “Developer”, has filed a verified
application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property
owned by Linda Meissner, “Owner”, described as Lots 12 and 13, in Block 56 of Carlsbad, in the City
of Carlsbad, County of San Diego, State of California, according to Map thereof No 775, filed in the
Office of the County Recorder of San Diego County, February 15, 1894 (“the Property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit and
variances for the front and rear yard setbacks which exceed the maximum of the standard range, and a
side yard setback that is below the standard range, as shown on Exhibits A-I, dated October 25, 1999,
on file in the Housing and Redevelopment Department as “Escrow Transfers RP 99-04”, as provided
by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 25” day of October, 1999, hold a duly
noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing on the 25* day of October, 1999, 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 99-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows:
That the foregoing recitations are true and correct.
DRB RES0 NO. 270
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A r
A) That based on the evidence presented at the public hearing, the Design Review Board
RECOMMENDS APPROVAL of Escrow Transfers RP 99-04, based on the
following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
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The Planning Director has determined that:
a. the project is a subsequent activity of a project for which a program EIR was
prepared, and a notice for the activity has been given, which includes
statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA, and the project is one for which a Mitigated Negative
Declaration was previously adopted;
b. this project is consistent with the plans cited above;
C. The Master Environmental Impact Report for the City’s 1994 General
Plan Update (MEIR 93-01) was certified and the Mitigated Negative
Declaration for the City of Carlsbad Village Redevelopment Area (SS 92-
01) was approved in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as
significant in the prior EIR and Mitigated Negative Declaration;
e. none of the circumstances requiring a Subsequent Negative Declaration or a
Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist;
The Design Review Boards finds that all feasible mitigation measures or project alternatives
identified in the MEIR (MEIR 93-01) which are appropriate to this Subsequent Project have
been incorporated into this Subsequent Project.
The Design Review Board finds that all feasible mitigation measures identified in the
Mitigated Negative Declaration (SS 92-01) which are appropriate to this Subsequent Project
have been incorporated into this Subsequent Project.
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 $1 50,000.
The Project is not located within the Coastal Zone. Therefore, no Coastal Development Permit
is required.
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 variances for front and rear yard setbacks that
exceed the standard range, and a side yard setback on the north side of the property that is
below the minimum 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
DRB RESO NO. 270
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purpose and intent of the Carlsbad Village Redevelopment Plan. The project is utilizing, in
its design, parking located below the building to allow more development and landscaped
area in compliance with the functional component of the office support area. Due to the
project site being only 50 feet in width and the required side yard setback of 5 feet on each
side, the site is reduced to only 40 feet of buildable width. Taking into consideration the
parking standards within the Carlsbad Municipal Code, the site cannot accommodate the
required drive-aisle width and parking space depth without encroaching into the side yard
setback. The adjoining lots to the north and south are built out and fully utilized leaving
limited development opportunities for the subject property. In addition, prior to its recent
demolition, the subject property contained a deteriorated single family residence and
detached single car garage. The prior use was nonconforming because it is one of the goals
for District 2 to phase out existing residential uses over time. The applicant has purchased
the property with the intent to redevelop the property with a conforming use that is
attractive and compatible with surrounding development in terms of size and scale. The
width of the subject property coupled with the setback standards and City’s requirements
for parking space size and drive-aisle width make it difficult to provide a significant
number of parking spaces on-site. The limitation on the amount of parking that can be
provided on-site makes it difficult to develop a project of significant size, which will meet
the Village Master Plan goal of increasing the intensity of development within the Village.
The increased setback on the front of the property for a portion of the building allows for
greater architectural interest and serves to break up the mass of the building. The
increased setback on the rear of the property allows for the provision of four open parking
spaces adjacent to the alley. This reduces the mass of the building immediately adjacent
to the alley and provides direct vehicular access off the adjacent alley, which is a
functional goal of the office support district.
There are exceptional circumstances or conditions unique to the property or the proposed
developments which have the same standards, restrictions, and controls. The build-out of
the property to the north and south and the narrow width of the subject property leave very
few options for the redevelopment of the site, resulting in exceptional circumstances
unique to the property. Based on their age and condition, it is anticipated that the
buildings to the north and south of the subject property will remain for a very long time.
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 side yard
setback will not be detrimental to the adjacent property because the building will comply
with all building code requirements for fire safety. Additionally, the portion of the
building that requires the side yard reduction is a single story element and does not run the
entire length of the proposed structure. The area of the encroachment is adjacent to a
three-story office building with semi-subterranean parking. The area of the encroachment
on the first floor will be located adjacent to the parking lot wall of the adjacent office
building and will have no detrimental impact. The setbacks above the maximum will not
have a detrimental impact on neighboring properties because other properties along
Jefferson Street have setbacks which exceed 15 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 increased setback in the rear enables
more on-site parking without expanding the mass of the building, therefore reducing the
impact on neighboring properties to the east.
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
DRB RESO NO. 270
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7.
flexible in order to encourage diversity and variety of development. 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. In addition, prior to its recent
demolition, the subject property contained a deteriorated single family residence and
detached single car garage. The prior use was nonconforming because it is one of the
goals for District 2 to phase out existing residential uses over time. The applicant has
purchased the property with the intent to redevelop the property with a conforming use
that is attractive and compatible with surrounding development in terms of size and scale.
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 project is in a location which has varying setbacks. The property abuts an existing
three-story office building to the north that is setback 15 feet from the front property line
and 20 feet from the rear property line. An open parking lot exists to the south that
provides parking to the existing bank building fronting on Carlsbad Village kve. Across
Jefferson Street, buildings have setbacks in excess of 20 feet. Across the alley to the rear
of the property structures are setback from 5 to 20 feet from the rear property line. It is
expected that these existing structures will remain for many more years. Therefore, staff
believes that the increased setback is consistent with the area. The varied setbacks on the
front and rear of the building allow for greater architectural articulation, resulting in a
building that is more visually interesting and appealing. The increased setback on the rear
of the property allows for parking adjacent to the alley, which is a desired project design
standard for the Village.
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. While the subject property is not directly adjacent to any
residential uses on Jefferson Street, it is in close proximity to some residential uses to the
north and the increased setback helps to soften the transition between the commercial area
to the south and the residential area to the north. Therefore, the increased setback is
consistent with the area and will reinforce the Village character.
The Project has been determined to be consistent with the land use plan, development
standards, design guidelines and other applicable regulations set forth within 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 side yard setbacks to the minimum of five (5) feet (of the
acceptable range):
a) The reduced standards will not have an adverse impact on surrounding properties. The
proposed project is in a location which has varying setbacks. The commercial office
building to the north has a similar 5 foot setback from the adjoining side property line and
the subject property abuts an open parking lot to the south. In neither case will the five (5)
foot setback adversely impact these adjacent properties. Twenty-three linear feet of the
building’s front elevation located within 5 to 15 feet of the front property line. The
variations in the front elevation makes for a project that is more aesthetically pleasing and
reduces the mass of the building, thus mitigating any adverse impacts a reduced front yard
setback may have on surrounding properties.
b) The reduced standard will result 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 subject property is 50 feet wide, therefore the
DRB RESO NO. 270
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reduced setback standards are necessary in order to allow the applicant to provide as much
on-site parking as possible with adequate screening from public view, which is in keeping
with the objectives for land use district 2.
c) The reduced standard will assist in creating a project which is interesting and visually appealing and reinforces the Village character of the area. The proposed design is
consistent with the design guidelines for the Village Redevelopment Area and the
variations in the front and side elevations make for a project that is more interesting and
visually appealing.
The Design Review Board finds that the DeveloperProperty Owner qualifies to participate in
the Parking In-Lieu Fee Program and participation in the program will satisfy the parking
requirements for the project. Justification for participation in the Parking In-Lieu Fee
Program is contained in the following findings:
a) The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual. With the approval of the above referenced variances, the proposed
project is consistent with the development standards and design guidelines of the Village
Master Plan and Design Manual. The project further meets the objectives of the Village
Master Plan by electing to provide 50% of the parking off-site through participation in the
Parking In-Lieu Fee Program. This increases the amount of useable area on-site and
results in a project with a strong street frontage and subordinate parking.
b) The proposed use is consistent with the land use district in which the property is located. The proposed commercial office building is a permitted use within land use district 2.
c) Adequate parking is available within the Village to accommodate the project’s parking
demands. The last utilization counts of the Village public parking lots, conducted in
August of 1998, indicate a 61% average utilization rate, which is less than the 85%
threshold for maximum utilization set by the Housing and Redevelopment Commission.
d) The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission.
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 permitted use
(commercial office) in an appropriate location within Land Use District 2 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
DRB RES0 NO. 270
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2.
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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 andor are transported within storm drainage facilities.
c) 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 commercial office facility. The project is also consistent with the Open Space
requirements for new development within the Village Redevelopment Area.
d) 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. If any of the following conditions fail to occur; or, if they are, by their terms, to be
implemented and maintained over time; if any 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.
DRB RES0 NO. 270
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Staff is authorized and directed to make, 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. Any proposed development different from this approval shall require an
amendment to this approval.
Developer shall comply with all applicable provisions of federal, state and local ordinances in
effect at the time of building permit issuance.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the Redevelopment Agency of the City of Carlsbad, its governing body 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 Agency arising, directly or indirectly, from (a) Agency’s approval and issuance of this
Major Redevelopment Permit, (b) Agency’s approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated herein,
and (c) Developer/Operator’s installation 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.
Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
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 Housing
and Redevelopment 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 in a 24” X 36” blueline drawing format.
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.
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, including but not limited to, the Developer shall pay
hisher fair share for the “short-term improvements’’ to the El Camino ReaVPalomar Airport
Road intersection prior to the issuance of a building permit. The amount shall be determined
by the methodology ultimately selected by the City Council, including but not limited to, an
increase in the city-wide traffic impact fee; an increased or new Zone 1 Local Facilities
Management Plan fee; the creation of a fee or assessment district; or incorporation into a
Mello-Roos taxing district.
DRB RES0 NO. 270
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Prior to the issuance of the Redevelopment Permit, Developer shall submit to the Agency 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 Major
Redevelopment Permit by Housing and Redevelopment Commission Resolution No.- 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 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.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the Housing and
Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project
to the satisfaction of the 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 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 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 thving 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.
Prior to the installation of any signs on the subject property, the Developer shall submit
and obtain approval of a separate sign permit application from the Housing and
Redevelopment Director. All signs shall be consistent with the sign regulations set forth
within the Carlsbad Village Redevelopment Master Plan and Design Manual.
Prior to the issuance of the building permit, the Developer shall enter into a Parking In-
Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for
twelve (12) parking spaces. The fee shall be the sum total of the fee per parking space in
effect at the time of building permit issuance times the number of parking spaces needed
to satisfy the project's parking requirements (12).
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
DRB RES0 NO. 270
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linkage fee is established by City Council ordinance andor resolution and this project
becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the
Developer, or hisiherhheir 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.
Compact parking spaces shall be located in large groups, and in locations clearly marked to
the satisfaction of the Housing and Redevelopment Director.
Developer shall construct, install and stripe not less than 12 parking spaces, as shown on
Exhibits "C" and "D".
The number of employee parking spaces on-site shall be restricted to a number mutually
agreed upon by the applicant and the Director of Housing and Redevelopment.
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.
Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
The owner of subject property shall execute an agreement holding the City harmless regarding
drainage across the adjacent property.
The developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System ("DES) 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.
DRB RES0 NO. 270
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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.
WATER. SEWER AND FIRE CONDITIONS
1. 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 any meter
installation.
Water, Sewer and Irrigation laterals shall be located in accordance with City and District
Standards to the satisfaction of the Deputy City Engineer - Utilities.
Developer shall install a sewer lateral cleanout to be equipped with a traffic rated cap
adjacent to the pubic right-of-way at the front property line substantially as shown on
Exhibit “B” to the satisfaction of the Deputy City Engineer - Utilities.
Developer shall install and maintain automatic fire sprinklers throughout the entire
building in accordance with Uniform Fire and Building Code requirements.
2.
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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. Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Cityvvlde Public
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local
Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxedfees
shall be paid at issuance of building permit. If the taxedfees and not paid, this approval will
not be consistent with the General Plan and shall become void.
3. 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.
4. 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.
5. The project shall comply with the latest non-residential disabled access requirements pursuant
to Title 24 of the State Building Code.
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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
Community Development and Planning.
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.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad Municipal
Code Section 18.04.320.
DRB RESO NO. 270
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure
will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading
or other similar application processing or service fees in connection with this project; NOR DOES IT
APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or
as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of
the City of Carlsbad, California, held on the 25’ day of October, 1999 by the following vote to wit:
AYES: Chairperson Compas, Board Members: Vice-Chairperson Marquez,
Marois, Heineman and Lawson. *
NOES: None.
ABSENT: None.
ABSTAIN: None. R
BIL~COMPAS, CH~ERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
*Note: Board Members Heineman and Lawson voted “NO” on the addition of General and Planning
Condition No. 21.
DRB RES0 NO. 270
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