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HomeMy WebLinkAbout2002-02-25; Design Review Board; Resolution 2811 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 DESIGN REVIEW BOARD RESOLUTION NO. 281 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR ONE (21) UNIT CONDOMINIUM PROJECT, INCLUDING VARIANCES FOR FRONT, REAR, AND SIDE YARD SETBACKS WHICH EXCEED THE MAXIMUM STANDARD RANGE AND THE ESTABLISHMENT OF THE PROPERTY, ON PROPERTY LOCATED AT 539 LAGUNA DRIVE IN LAND USE DISTRICT 4 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1. CASE NAME: LAGUNA POINT REDEVELOPMENT PERMIT NUMBER RP 01-08 FOR A TWENTY- THE RH DENSITY RANGE (15-23 DWELLING UNITS PER ACRE) FOR APN: CASE NO: RP 01 -08 203-203-30,203-101-32 & 203-1 01 -33 WHEREAS, Wave Crest Resorts II, 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- 30, 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 variances for front, rear and side yard setbacks to exceed the maximum range and the establishment of the RH density range (15-23 dwelling units per acre) for the property, as shown on Exhibits “A-I”, dated February 25, 2002, on file in the Housing and Redevelopment Department, “Laguna Point RP 01-08”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 25* day of February, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to “Laguna Point RP 01-08”. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 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 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 Laguna Point RP 01-08, based on the following findings and subject to the following conditions: GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for setback variances and the establishment of the RH density designation for the project, is in conformance with the Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Master Plan and Design Manual based on the facts set forth in the staff reports dated February 25, 2002 including, but not limited to the following: a. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a multi- family residential use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential opportunities, the project helps to create a lively, interesting social environment by encouraging more of a 24-hour life in the Village, which provides the necessary customer base to attract complementary commercial uses. The project design serves to reinforce the pedestrian-orientation desired for the downtown area by providing much needed street improvements along Laguna Drive and Roosevelt Street. Furthermore, the building itself has a strong street presence with extensive outdoor decks looking out over the adjacent streets and fully enclosed parking. Finally, the project assists in the effort to create a distinct identity for the Village as an area that contains a wide variety of uses by providing a residential product (multi-family for sale) that has not been built in the area since prior to the 1980’s. b. The project is consistent with the Village Redevelopment Plan in that; 1) it establishes the Village as a quality shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the type of housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area by minimizing pedestrian/vehicular conflicts along State Street and Roosevelt Street by limiting vehicular access to the site from Laguna Drive only and improves the pedestrian environment by providing for addition sidewalks along all sides of the property, 3) it stimulates property improvements and new development in the Village through the development of a highly visible site which may serve as a catalyst for future redevelopment in the area, and 4) it improves the physical appearance of the Village Area by replacing a currently vacant site with an aesthetically pleasing building and site improvements to enhance the corner of State Street and Laguna Drive which serves as a gateway to the north end of the Village. DRB RES0 NO. 281 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. d. e. f. g. h. The project as designed 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. 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 and/or 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 and the City’s Landscape Manual. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. The proposed project is consistent with the Housing Element of the General Plan, the City’s lnclusionary Housing Ordinance, and the Redevelopment Agency’s lnclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict three (3) dwelling units as affordable to low income households. The proposed project meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates a building that takes advantage of the unique topographical constraints and unusual lot lay-out of the site. The buildings, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual which serves as the adopted land use plan for the area. The overall plan for the project provides for adequate usable open space, circulation, off-street parking, recreational facilities and other pertinent amenities. The parking is well integrated into the building and oriented to the topographic features of the site. The project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. Common areas and recreational facilities are located so that they are readily accessible to the occupants of the dwelling units. The overall architecture is compatible with the surrounding area and consistent with the Village character as set forth in the Village Design Manual. DRB RES0 NO. 281 -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 2. The Design Review Board finds as follows to allow for variances for front, side, and rear yard setbacks that exceed the standard range: a. b. C. d. e. 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 established setback standards on the second and third floors of the building would create a practical difficulty in the development of the subject property, because it would preclude the construction of open decks on each of the units, which is a planned development standard required for all multi-family projects. Given the configuration of the property, the only reasonable location for the decks is along the perimeter of the building. Stepping back of the upper floors of the building affords necessary light and air to enter the units from the decks. 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 subject property is located at a highly visible corner (intersection of State Street and Laguna Drive) that serves as the “gateway” into the Village from the north. Furthermore, the subject property slopes up from the street corner and the building pad is at a higher elevation than the adjacent streets. These unique conditions do not generally apply to other properties in the area and warrant the stepping back of the upper levels of the building to reduce the mass and height of the building as viewed from the adjacent streets and pedestrian areas. 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 adverse impacts to surrounding properties. The setbacks above the maximum range improve the amount of light, air, and privacy enjoyed by the residents of the subject property, as well as, neighboring properties. Additionally, the increased setbacks along the street frontages assists in the effort to create a more visually appealing building as viewed from the public right-of-way. 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 Village Design Guidelines encourage the stepping back of the upper levels of buildings to allow the maintenance of a small-scale character near the street level. The proposed project has been designed with strict adherence to the Village Design Guidelines, including the stepping back of the upper floors. Therefore, those portions of the project that exceed the established setback range are consistent with the standards set forth in the Village Master Plan and Design Manual and do not create a situation which contradicts the intent of the plan. The subject project is in a location that has varying setbacks. Both properties to the south fronting on State Street and Roosevelt Street have greater setbacks from the adjacent streets than the proposed project. The same is DRB RES0 NO. 281 -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 3. f. true for the properties on the north side of Laguna Drive. The project’s varied setbacks along all street frontages and the stepping back of the upper levels of the building allows for greater architectural articulation, which is strongly encouraged in the Village Design Guidelines as a way to maintain and reinforce the Village character. It is anticipated that the proposed project may serve as a catalyst for the future redevelopment of nearby properties as similar residential uses or mixed-uses. The increased setbacks on all sides of the building create a greater separation between the proposed project and that which may be developed on adjoining lots. This increased separation would help protect the livability of the proposed residential development and that which may be developed in the area by creating more privacy for the residents through increased setbacks. The Design Review Board finds as follows to allow for a reduced street side yard setback (from State Street), for a portion of a second story deck, to a number within the acceptable range: a. b. C. The reduced standard will not have an adverse impact on surrounding properties in that the portion of the deck that is proposed to be setback 8 feet from the street side yard fronts on a pubic street and is setback significantly from adjacent properties and therefore, will not impact light, air or privacy of surrounding properties. 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 serve to create adequate deck space for the multi-family residential use which aids the project in meeting the planned development standards required for for-sale multi-family projects, therefore assisting in the provision of a much desired residential type in Land Use District 4. 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 assist in creating greater architectural articulation adjacent to the street and will assist in the effort to make the building visually interesting and more appealing, which is a primary goal of the Village Design Guidelines in reinforcing the Village character. 4. 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 uses in the area range from single family residential to high-density multi-family residential. Immediately northwest of the subject property (across Laguna Drive) and outside the redevelopment area, the General Plan designation is High Residential (HR 15-23 dwelling DRB RES0 NO. 281 -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 units per acre) and Medium High ResidentiaVOffice (RMH/O 8-15 dwelling units per acre). Application of the RH General Plan designation on the subject property allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 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. The higher density designation makes it financially feasible to construct for-sale multi- family units in today’s economy. The Village Redevelopment Area has an abundance of residential rental units, but no condominiums have been developed in the area since prior to the inception of the redevelopment plan in 1981. 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 mass transportation (Village Coaster Station). Higher residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. GROWTH MANAGEMENT FINDINGS: 5. 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. c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. DRB RES0 NO. 281 -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 e. 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. 6. HOUSING & REDEVELOPMENT CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. The project is consistent with the City’s Landscape Manual. General 1. 2. 3. 4. 5. 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 City/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 CityWAgency’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/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. This obligation survives until all legal proceedings have been concluded and continues even if the Agency’s approval is not validated. DRB RES0 NO. 281 -7- 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 6. 7. 8. 9. 10. 11. 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad 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. This approval is granted subject to the approval of Tentative Tract Map No. CT 01-13 and is subject to all conditions contained in Design Review Board Resolution No. 282 for this other approval and incorporated by reference herein. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 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. A note to this effect shall be placed on the Final Map. 12. Prior to the approval of the final map for this project, the Developer shall enter into an Affordable Housing Agreement with the City/Agency to provide and deed restrict 3 dwelling units 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 request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 13. 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/Agency and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Landscape 14. 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. DRB RES0 NO. 281 -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. 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. Miscellaneous 16. 17. 18. 19. 20. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Housing and Redevelopment Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. 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 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. 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. Notice 21. 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 DRB RES0 NO. 281 -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 a Negative Declaration, Major Redevelopment Permit, and Tract Map by Housing and Redevelopment Commission Resolution(s) No. 280, 281, and 282 on the property. 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. Onsite Conditions - Specific 22. 23. 24. 25. 26. 27. 28. 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 21.1 05. 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. 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. The Developer shall submit and obtain Planning 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. Developer shall construct, install and stripe not less than 42 resident parking spaces in the enclosed parking structure and 3 covered and 5 uncovered guest parking spaces, as shown on Exhibits “A” and “B”. The tower roof overhang shall be enhanced beyond the rendering presented at the public hearing, subject to the approval of the Housing and Redevelopment Director. The access to the State Street door shall be altered so as to be less conspicuous to the public. The final landscape plan shall specify an average minimum 15-foot trunk height for the palm trees which shall be of varying heights. ENGINEERING CONDITIONS Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from the City Engineer DRB RES0 NO. 281 -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 2. 3. 4. 5. 6. for the proposed haul route. Prior to issuance of any building permit, 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. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: driveways, walkways, storm drain facilities and storm water pollution elimination devices located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&R's). Tvpe I "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 street corners 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." Tvpe II "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property along or north of the line designated as the sight line extending between the project entrance and the west end of Laguna Drive. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1. The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/An reement s 7. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 8. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street DRB RES0 NO. 281 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 9. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/lmprovements 10. 11. 12. 13. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to street paving, base, sidewalks, pedestrian ramps, driveway, curbs and gutters, grading, sewer laterals and water services, a street light, and street striping and signs to City Standards to the satisfaction of the City Engineer. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP)”. The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said pollutants. 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. DRB RES0 NO. 281 -12- 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 14. 15. 5) Determine the appropriate size of treatment structures/facilities to adequately treat runoff volumes or flow prior to discharge into the public storm drain or receiving water body. Developer shall cause Owner to vacate a portion of public right-of-way at the corner of Laguna Drive and Roosevelt Street as shown on the tentative map. The public easement shall be vacated by a certificate on the final map and/or separate recorded document. Regardless of how the easement is vacated, a separate application for a street vacation shall be submitted to the City Engineering Department for processing and shall be subject to the street vacation procedures. Prior to work in the City right-of-way, the Developer shall obtain an Encroachment Permit and Right-of-way Permit for the installation of the private storm drain connecting to the public storm drain inlet on State Street. This new storm drainpipe shall be a private improvement and shall be maintained in perpetuity by the current and future owners of this property. Final Mar, Notes 16. Developer shall show on Final Map the net developable acres for each parcel. 17. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Curb, gutter and sidewalk fronting State Street, Laguna Drive and Roosevelt Street. 2. Street pavement and base on Laguna Drive and State Street. 3. Pedestrian ramps at the corner of State Street and Roosevelt Street and the corner of Laguna Street and State Street. 4. Street signs and street striping. 5. Water lines, water meters, and sewer laterals within the public right-of-way. 6. Proposed streetlight fronting Laguna Street. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. CARLSBAD MUNICIPAL WATER DISTRICT CONDITIONS 1. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall install potable water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 2. 3. DRB RES0 NO. 281 -13- 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 4. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall provide separate potable water meters for each separately owned unit. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval, Developer shall install a total of 21 water meters for the project. Developer shall install 21 potable water meter(s) for residential use and 1 to 2 irrigation meter(s) to irrigate the common areas (Homeowner’s Association). 5. 6. 7. BUILDING DEPARTMENT CONDITIONS 1. 2. 3. 4. 5. 6. 7. a. The walls separating the U-occupancies (storage closets) from the parking garage shall be masonry construction. All cells shall be fully grouted. Entry doors to the storage closets shall be metal frame, metal-door, listed 1% hour assemblies that have an integral window for viewing inside the storage closets. The entry doors to the closets shall be master keyed so that the HOA has access to these areas for routine inspections. There shall be no electrical outlets within the storage closets. There may be general lighting within the closet installed in conformance with the National Electric Code. Signage shall be installed at each closet door noting that storage of flammable liquids or gasses is prohibited. Fire extinguishers shall be installed at a minimum 100 feet travel distance throughout the parking garage and storage closet areas. Automatic fire protection in storage units shall be upgraded to quick response heads and the fire sprinkler head for each closet shall be separated from the storage closet with a chain link ceiling assembly which will prohibit storage above the ceiling level and allow full operation of the sprinkler head and access to the light fixture for maintenance. The storage closets shall be owned by and managed by the HOA. The HOA shall have the responsibility and duty to ensure that all closets uses are limited to storage of ordinary household goods, which are consistent with the operation of a dwelling unit. There shall be no storage of flammable liquids or gases of any type in any type of container. There shall be gravity ventilation to the exterior from each individual storage closet. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. ... DRB RES0 NO. 281 -14- 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 Fees - 1. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 2. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General 3. 4. 5. 6. ... ... ... ... ... ... ... ... ... ... ... ... ... 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. DRB RES0 NO. 281 -15- 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 -- 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 feedexactions. 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 feedexactions 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 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expi red. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 25th day of February, 2002 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Marquez, Heineman, Lawson, Paulsen None None ATTES ’: n P 1 -, DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 281 -16- c- i Attachment “A” PARCEL 1 : (APN: 203-1 01-301 THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING NORTHEASTERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF ROOSEVELT STREET, FORMERLY SECOND STREET. PARCEL 2: (APN: 203-101-32) THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING SOUTHWESTERLY OF A LINE PARALLEL WITH AND 215.39 FEET DISTANT SOUTHWESTERLY FROM THE WESTERLY LINE OF SECOND STREET (NOW ROOSEVELT STREET), AS SHOWN ON SAID MAP AND SOUTHEASTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTERLY FROM THE NORTHERLY LINE OF LOT 21 OF SAID SEASIDE LANDS. EXCEPTING THEREFROM THE SOUTHEASTERLY 78 FEET THEREOF. ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND TO THE WEST, AS CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER 7, 1931, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS. PARCEL 3: (APN: 203-1 01 -331 THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 28, 1921, LYING SOUTHWESTERLY OF A LINE PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM THE WESTERLY LINE OF SECOND STREET, AS SHOWN ON SAID MAP AND LYING NORTHWESTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTERLY FROM THE NORTHERLY LINE OF LOT 21 OF SAID SEASIDE LANDS. ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP ADJACENT TO THE ABOVE DESCRIBED PARCEL OF LAND ON THE WEST, AS CLOSED TO PUBLIC USE, BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER 7,1931, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS. 27