HomeMy WebLinkAbout2000-01-24; Design Review Board; Resolution 272- c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
DESIGN REVIEW BOARD RESOLUTION NO. 272
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
APARTMENT PROJECT ON PROPERTY LOCATED AT 2530 STATE
STREET IN LAND USE DISTRICT 4 OF THE VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1.
CASE NAME: PARK LAGUNA APARTMENTS
REDEVELOPMENT PERMIT NUMBER RP 99-03 FOR A TEN (10) UNIT
APN: 203-101-32 & 203-101-33
CASE NO: RP 99-03
WHEREAS, Park Laguna, LLC, a California Limited Liability Company, “Developer”, has
filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad
regarding property it owns, and known as Assessor Parcel Numbers 203-101-32 and 203-101-33 and
more thoroughly described in Attachment A, (“the property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit,
including: variance requests for front, rear and side yard setbacks to exceed the maximum range and to
allow for a reduced front yard setback to a number within the acceptable range; the establishment of
the RH density range (1 5-23 dwelling units per acre) for the property; and a density increase to exceed
the established Gtowth Management Control Point in exchange for the provision of one affordable
housing unit; and Site Development Plans for the entire multi-family residential project. and the
affordable housing unit, all as shown on Exhibits A-E, dated December 16, 1999, on file in the
Housing and Redevelopment Department, “Park Laguna Apartments RP 99-03”, as provided by
Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 24th day of January, 2000, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing on the 24th day of January, 2000, upon hearing and
considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered
all factors relating to “Park Laguna Apartments RP 99-03’’
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows:
DRB RES0 NO. 272
PAGE 1
’.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c -?
A.
B.
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Design Review Board
RECOMMENDS APPROVAL of Park Laguna Apartments RP 99-03, based on the
following findings and subject to the following conditions:
GENERAL AND mDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board finds that the project, as conditioned herein and with the findings
contained herein for setback variances, the establishment of the RH density designation
for the project, and the granting of a density increase to exceed the Growth Management
Control Point, is in conformance with the Carlsbad Municipal Code, the City’s General Plan,
the Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual
based on the facts set forth in the staff reports dated December 16, 1999 and January 24,
2000 including, but not limited to the following:
a.
b.
C.
d.
e.
f.
The project will provide for a permitted use (multi-family residential) in an
appropriate location within Land Use District 4 of the Village Redevelopment
Area.
The project is consistent with the land use plan, development standards for Land
Use District 4, design guidelines, and other applicable regulations set forth in the
Village Master Plan and Design Manual, with the exception of the requested
variances.
The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation have
been designed in relationship to the land use and available parking. 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 multi-family residential use. 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
tire protection and other safety standards.
The proposed project is consistent with the Housing Element of the General Plan,
the City’s Inclusionary Housing Ordinance, and the Redevelopment Agency’s
Inclusionary Housing Requirement, as the Developer has been conditioned to
DRB RESO NO. 272
PAGE 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2a
2.
r-
enter into an Affordable Housing Agreement to provide and deed restrict one (1)
dwelling unit as affordable to low income households and pay an in-lieu
affordable housing fee for the remaining portion (S) of the inclusionary housing
requirement.
The Design Review Board finds as follows to allow for variances for front, side, and rear
yard setbacks that exceed the standard range:
a. That 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, in
that strict adherence to the setback standards would result in a very boxy and
massive structure. The increased setbacks on portions of the front, sides and rear
of the property allows for greater architectural interest and serves to break up
the mass of the building, which is in keeping with the general purpose and intent
of the Carlsbad Village Redevelopment Plan.
b. That 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 standards, restrictions, and controls, in that the
project is the first multi-family residential project proposed in this portion of the
redevelopment area. This unique condition applicable to the proposed use
establishes certain needs for livability. Strict adherence to the lower setback
standards reduces the livability of the project. The increased setback standards
create a greater sense of the open space that is essential for increasing the
livability of the project.
C. That the granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area, in that the
increased setback standards reduce impacts to surrounding properties. The
setbacks above the maximum range will not have a detrimental impact on
neighboring properties because other properties along State Street and Laguna
Drive have setbacks that exceed the maximum allowed. The increased setback
along State Street and Laguna Drive actually assists in the effort to create a more
visually appealing building within the front elevation. The increased setback
along the side and rear property lines enables more on-site parking without
expanding the mass of the building, therefore reducing the impact on
neighboring properties to the east and south.
d. That the granting of a variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that those standards were intended to be
somewhat flexible in order to encourage diversity and variety of development.
The portions of the project that exceed the standard range do not create a
situation which contradicts the intent of the standards established in the subject
document.
e. The subject project is in a location that has varying setbacks. The property to the
south is setback further from State Street than the proposed project. The
property to the east is currently vacant, but the property owner has discussed
with staff a willingness to develop the property as a multi-family condominium
DRB RES0 NO. 272
PAGE 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3.
4.
project with similar setbacks as the proposed project. Across Laguna Drive there
is an existing park, which contributes to the sense of open space, and residential
units which have been previously converted to office space, all of which maintain
greater setbacks than that which are proposed for the subject project. The
varied setbacks along State Street and Laguna Drive allow for greater
architectural articulation, resulting in a building that maintains a strong street
presence yet is visually interesting and appealing.
f. It is anticipated that the adjacent properties to the south and east will be
redeveloped as similar residential uses. The increased setback on the south and
east sides of the building create a greater separation between the proposed
project and that which may be developed on both adjoining lots. This increased
separation would help protect the livability of the proposed residential
development and that which may be developed in the area. Therefore, the
increased setback is consistent with the area and will reinforce the Village
character.
The Design Review Board finds as follows to allow for a reduced front yard setback to a
number within the acceptable range to allow for one deck on the northeast corner of the
second story and one deck on the northeast corner of the third story to be located 8 feet
from the front property line:
a. The reduced standard will not have an adverse impact on surrounding properties in
that the reduced standard is along the front of the property and the only property
that has the potential for impact is the property immediately adjacent and to the
east, which is currently vacant.
b. 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, in that the reduced standard will allow
for the provision of decks for each of the proposed residential units. The decks
will provide greater architectural interest along the front of the project and
provide room for landscape planters and flower boxes which adds to the amount
of landscaping on the property and is consistent with the goals of the Village
Redevelopment area and the objectives for Land Use District 4.
C. The reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the Village character of the area, in that the
reduced standard will allow for the subject decks to be built at the same size as
the other decks in the project and this will provide for architectural consistency
through out the project, which is in keeping with the design guidelines set forth
for the Village Redevelopment Area. The decks and the landscaping to be placed
on them will assist in the effort to make the building visually interesting and
more appealing.
The Design Review Board hereby finds that the appropriate residential density for the project
is RH (15-23 dwelling units per acre), which has a Growth Management Control Point
(GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density
designation is as follows:
a. The density is compatible with the surrounding area which contains a variety of
uses such as residential, commercial office, retail, and light industrial. Residential
DRB RESO NO. 272
PAGE 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5.
6.
uses in the area range from single family residential to high density multi-family
residential. The RH General Plan density designation allows for the construction
of a project that is compatible with the mixture of surrounding uses in terms of
size and scale.
b. The RH General Plan density designation serves to satisfy the goals of the Village
Redevelopment Master Plan by increasing the number, quality, diversity, and
affordability of housing units within the Village.
C. The RH General Plan density designation serves to satisfy the objectives of Land
Use District 4 by increasing the number of residential units in close proximity to
shops, restaurants, and the commuter rail station.
In accordance with the Carlsbad General Plan Land Use Element (Residential Goal C.2) and
Carlsbad Municipal Code Chapter 21.53 , the Design Review Board finds as follows to allow
for a density increase to 22 dwelling units per acre, which is over the Growth Management
Control Point of 19 dwelling units per acre, for purposes of providing one affordable housing
unit:
a. The project is compatible with surrounding land uses. The land uses in the
surrounding area include a variety of uses such as residential, commercial office,
retail, and light industrial. In addition, higher quality residential projects are
encouraged in Land Use District 4 as set forth in the Village Master Plan.
b. The public facilities such as sewer, water, and other public improvements, are
currently in place and adequate to accommodate construction of the project.
C. The project is located in close proximity to a freeway 0-3, major roads
(Carlsbad Blvd. and Carlsbad Village Drive), parks (Maxton Brown Park and
Magee Park), and the Village Commuter Rail and Transit Station.
In accordance with Carlsbad Municipal Code Chapter 21.06, the Design Review Board finds
as follows to grant the required Site Development Plan (Major Redevelopment Permit) for a
ten-unit apartment project with one unit set aside as affordable to low income households:
a. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan,
will not be detrimental to existing uses or to uses specifically permitted in the area in
which the proposed use is to be located, and will not adversely impact the site,
surroundings or traffic circulation, in that with approval of the requested variances,
the proposed structure is in conformance with the established development
standards and design guidelines for the subject properly. Additionally, the
proposed project is consistent with the various elements and objectives of the
General Plan as outlined above.
b. That the site for the intended use is adequate in size and shape to accommodate the
use, in that the proposed project meets all development standards for the subject
properly including; minimum setbacks standards, building coverage, building
height, parking, and open space.
C. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will
DRB RES0 NO. 272 PAGE 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
be provided and maintained, in that the proposed project meets and exceeds the
minimum setback requirements for all yards providing sufficient yard area.
Additionally, walls, fences and landscaping have been incorporated into the
overall design of the project, where necessary, to screen the residential units from
adjacent uses.
d. That the street systems serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that the existing streets can accommodate
the estimated ADTs and all required public right-of-way has been or will be
dedicated and has been or will be improved to serve the development. The
pedestrian spaces and circulation have been designed in relationship to the land
use and available parking.
GROWTH MANAGEMENT FINDINGS:
7. As set forth in Carlsbad Municipal Code Chapter 21.90, the Design Review Board finds as
follows to allow for a density increase to 22 dwelling units per acre, which is over the Growth
Management Control Point of 19 dwelling units per acre, but does not exceed the density
range of 15-23 dwelling units per acre:
a. There is no need for the project to provide additional public facilities for the
density in excess of the control point. The Developer has been conditioned to pay
the appropriate public facilities fee for the subject project which will ensure that
adequate public facilities will be provided within the area to serve this and other
projects in the future.
b. There have been sufficient developments approved in the northwest quadrant of the
City at densities below the control point to offset the units in the project above the
control point so that approval will not result in exceeding the quadrant limit.
C. All necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
created by this development and in compliance with the adopted City standards.
8. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment; water;
drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
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.
DRB RESO NO. 272
PAGE 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
T1 *!-
c. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to the issuance of building permit.
The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project is conditioned to comply and remain consistent with the City’s
Landscape Manual, adopted by City Council Resolution No. 90-384.
d.
e.
GENERAL CONDITIONS:
Note:
1.
2.
3.
4.
5.
6.
Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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 of such conditions fail to be so implemented
and maintained according to their terms, the CityIAgency 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 City’s/Agency’s approval of this Major
Redevelopment Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major Redevelopment Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section 66020.
If any such condition is determined to be invalid this approval shall be invalid unless the
Housing and Redevelopment Commission determines that the project without the condition
complies with all requirements of law.
The Developer shall implement, or cause the implementation of, the Major Redevelopment
Permit Project Mitigation Monitoring and Reporting Program.
The Developer/Operator shall and does hereby agree to indemnifjl, 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
DRB RESO NO. 272
PAGE 7
L
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7.
8.
9.
10.
11.
12.
electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Housing and Redevelopment Department a reproducible
24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the conditions
approved by the final decision making body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format.
Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the School District that this project has satisfied its obligation to provide school
facilities.
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 following:
a. 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.
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 property owner shall be responsible for prohibiting residents from storing any items
on the balconies of the individual units that extend above the top or over the side of the
exterior railings.
Housinp Conditions:
13. Prior to the issuance of building permits for any units, the Developer shall enter into an
Affordable Housing Agreement with the City/Agency to provide and deed restrict 1 dwelling
unit as affordable to lower-income households for the useful life of the dwelling units, in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Housing
and Redevelopment Director no later than 60 days prior to the issuance of building permits.
The recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
14. The Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
DRB RES0 NO. 272
PAGE 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15. At issuance of building permits, the Developer shall pay to the City an inclusionary housing
in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect
at the time, as established by City Council Resolution.
Noticinp Conditions:
16. The Developer shall report, in writing, to the Housing and Redevelopment Director within
30 days, any address change from that which is shown on the permit application.
17. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the
Housing and Redevelopment Director, notifying all interested parties and successors in
interest that the City of Carlsbad’s Redevelopment Agency has issued a Mitigated Negative
Declaration and Major Redevelopment Permit by Housing and Redevelopment
Commission Resolution Nos. , and 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.
and
Landscaue Conditions:
18. The Developer shall submit and obtain Housing and Redevelopment Director approval of a
Final Landscape and Irrigation Plan showing conformance with the approved Preliminary
Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install
all landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Department and accompanied by the project’s
building, improvement, and grading plans.
On-site Conditions - SDecific:
20. The Developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit “A”) with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 2 1.105. 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.
21. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and Housing and
Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
22. The Developer shall submit and obtain Housing and Redevelopment Director approval of an
exterior lighting plan including parking areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
23. Developer shall construct, install and stripe not less than 10 single car garages, and 15
parking spaces, as shown on Exhibits “A” and “B”.
DRB RES0 NO. 272
PAGE 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ENGINEERING CONDITIONS:
NOTE: Unless specifically stated in the condition, upon the approval of this proposed Major
Redevelopment Permit, all of the following engineering conditions must be met prior to the issuance of
building permits.
1.
2.
3.
4.
5.
6.
7.
8.
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 formerly
established by the City.
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.
Developer shall install sight distance corridors at all street intersections in accordance with
Engineering Standards and shall provide the following statement on the building plans:
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level may be placed or permitted to encroach within the
area identified as a sight distance corridor in accordance with City
Standard Public Street-Design Criteria, Section 8.B.3. The underlying
property owner shall maintain this condition."
Developer shall pay all current fees and deposits required.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan into
the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form
provided by the City.
Prior to work in City right-of-way, the Developer shall obtain an Encroachment Permit
for the installation of the private storm drain connecting to the public storm drain inlet
on State Street. This new storm drain pipe shall be a private improvement and shall be
maintained in perpetuity by the current and future owners of this property.
The owner shall make an offer of dedication to the City for all public streets and easements
required by these conditions. The offer shall be made by a separate instrument prior to
building permit issuance. All land so offered shall be granted to the City free and clear of all
liens and encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated. Ten (10) feet shall be dedicated by the owner along the project
frontage of Laguna Drive based on a center line to right-of-way width 30 feet and in
conformance with City of Carlsbad Standards.
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:
DRB RESO NO. 272
PAGE 10
-:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9.
10.
11.
12.
13.
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.
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 approved site plan which includes, but is not limited to,
pavement, curb, gutter and sidewalk improvements on Laguna Drive and State Street. All
improvements listed above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
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 subject property in conformance with City of Carlsbad Standards.
The entry “roll-up grill” gate as shown on Exhibits “A” and “B” is prohibited and shall
be deleted from the final set of mylars and building plans.
Prior to issuance of the building permit, an adjustment plat must be recorded to
consolidate Parcel 1 and 2 as described under the legal description on Exhibit “A”.
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.
2. Water, sewer and irrigation laterals shall be located in accordance with City and District
Standards to the satisfaction of the Deputy City Engineer - Utilities.
3. The following note shall be placed on the building plans: “This project is approved upon the
expressed condition that building permits will not be issued for development of the subject
property unless the District serving the development has adequate water and sewer capacity
available at the time development is to occur, and that such water and sewer capacity will
continue to be available until time of occupancy”.
4. All potable water and recycled water meters shall be placed within public right-of-way.
DRB RES0 NO. 272
PAGE 11
I. ..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. A public fire flow system (including a fire detector check valve assembly) shall be required
for this development and it shall be constructed as a looped pipeline system.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following code requirements.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy # 17,
the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030,
and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad
Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities
Management Plan fee for Zone 1, pursuant to Chapter 2 1.90. 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.
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
Community Development and Housing and Redevelopment..
Prior to occupancy of the first dwelling unit the Developer shall provide all required passive
and active recreational areas per the approved plans, including landscaping and recreational
facilities.
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.
Any signs proposed for this development shall at a minimum be designed in conformance with
the sign criteria contained in the Village Redevelopment Master Plan and shall require
review and approval of the Housing and Redevelopment Director prior to installation of such
signs.
DRB RES0 NO. 272
PAGE 12
. .’
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11. Developer shall exercise special care during the construction phase of this project to prevent
offsite siltation. Planting and erosion control shall be provided in accordance 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 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 24th day of January, 2000 by the following vote to wit:
AYES: Chairperson Compas, Board Members: Lawson, Marquez, Marois
and Heineman.
NOES: None.
ABSENT None.
ABSTAIN: None.
BILL COMPAS, CHAIR#ERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 272
PAGE 13