HomeMy WebLinkAbout2002-06-24; Design Review Board; Resolution 286,
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DESIGN REVIEW BOARD RESOLUTION NO. 286
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 01-06 FOR A MIXED-USE
DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE (65)
CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
APN:
CASE NO: RP 01-06
203-172-06, 07, 08, 11 , 12, 16, 21 & 23
WHEREAS, Anastasi Development Company, 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 203-172-06,07,08,11,12,16,21 & 23 and more thoroughly described in Attachment
A, (“the property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, to
allow a mixed-use sixty-five (65) unit condominium project and 8,662 sq. ft. of retail
shops, as shown on Exhibits “A-Y”, dated June 24, 2002, on file in the Housing and
Redevelopment Department, “Village By The Sea RP 01 -O6/CDP 01 -1 6/CT 01 -1 0”, as
provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 24‘h day of June, 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
“Village by the Sea RP 01-06”.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Village by the Sea RP 01-06, 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 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 June 24, 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 and retail 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
Carlsbad Boulevard, Washington Street, Christiansen Way and Beech
Avenue. Furthermore, the proposed buildings have a strong street
presence with extensive outdoor decks looking out over the adjacent
streets and fully enclosed parking.
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 providing for additional enhanced
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, 4) it improves the physical appearance of
the Village Area by replacing a currently underdeveloped site with an
aesthetically pleasing set of buildings, landscaping, and other site
improvements, and 5) the project provides additional retail space for the
Village area.
c. The project as designed is consistent with the land use plan, development
standards for Land Use District 1, design guidelines, and other applicable
regulations set forth in the Village Master Plan and Design Manual.
d. The existing streets can accommodate the estimated ADTs and all required
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e.
f.
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h.
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 series of
eight vacant lots which have appropriate zoning for a mixed-use project
consisting of multi-family residential and retail along Carlsbad Boulevard.
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 eleven (11) dwelling units as
affordable to low income households.
The proposed project meets all of the minimum development standards set
forth in Carlsbad Municipal Code Section 21.45.090 with the exception of
the three standards modifications outlined in the report to the Design
Review Board dated June 24, 2002 as permitted by Carlsbad Municipal
Code Section 21.53.120(c) in lieu of City financial assistance for the
provision of eleven affordable housing units. In addition, the proposed
project meets all of 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 series of buildings that take advantage
of the unique topographical constraints and unusual lot layout 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 project 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
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with the surrounding area and consistent with the Village character as set
forth in the Village Design Manual.
2. 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 proposed project is located immediately across Washington Street
from the Village Transit Station. In addition, the density is compatible with
the surrounding area which contains a variety of uses such as residential,
commercial office, retail, a residential care facility, and a private school
with on-site residents. Residential uses in the area range from single
family residential to multi-family residential. 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 and it is the goal of the City to
provide additional attached ownership units.
c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 1 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Transit
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.
3. The project is consistent with the City’s Landscape Manual
GROWTH MANAGEMENT FINDINGS:
4. The project is consistent with the City-wide Facilities and mprovements 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
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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.
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.
5. The project will provide sufficient additional public facilities for the density in excess of
the control point to ensure that the adequacy of the City’s public facility plans will not be
adversely impacted, in that all necessary public improvements to accommodate the
proposed development have been provided or are required as conditions of
project approval.
6. There have been sufficient developments approved in the quadrant 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.
7. 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 project and in compliance with adopted City standards, in that all
required public facilities necessary to accommodate the proposed development
have been provided or are required as conditions of project approval.
HOUSING & REDEVELOPMENT CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
General
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 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.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Major Redevelopment Permit documents, as
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3.
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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.
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 Coastal Development Permit No.
CDP 01-16 and is subject to all conditions contained in Design Review Board
Resolution No. 287 for this other approval and incorporated by reference herein.
This approval is granted subject to the approval of Tentative Tract Map No. CT 01-10
and is subject to all conditions contained in Design Review Board Resolution No. 288
for this other approval and incorporated by reference herein.
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
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facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
Housing
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 11
dwelling units as affordable to low-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.
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. 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 City. 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.
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17.
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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.
The Condominium Plan submitted to the Department of Real Estate for approval
shall define the “units” owned exactly as approved by the Major Redevelopment
Permit.
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
taxes/fees shall be paid at issuance of building permit. If the taxes/fees 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 -
22. 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 Negative Declaration, Major Redevelopment Permit, Coastal Development
Permit, and Tentative Tract Map by Housing and Redevelopment Commission
Resolution(s) No. 285, 286, 287, and 288 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
23. The Developer shall construct trash receptacle and recycling areas as shown on the
site plan (Exhibit “B”) 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.
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24.
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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 130 resident parking spaces,
19 guest parking spaces, and 29 retail parking spaces, as shown on Exhibit "B".
The developer shall design and install noise barriers on the balconies of
structures as recommended in the noise study prepared by Mestre Greve
Associates, dated May 11,2001, in order to satisfy noise level requirements.
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.
2.
3.
4.
5.
...
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
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 submit to the City Engineer, a reproducible 24" x 36", mylar copy of the
tentative map and a digital copy of said map using NAD 83' reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
City engineer, reviewed and, if acceptable, signed by the City's project engineer and
project planner prior to submittal of the building plans, final map, improvement or
grading plans, whichever occurs first. The digital file copy shall be submitted in a
format as approved by the City Engineer.
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: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
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Fees/Acr reemen ts
6. Developer shall caus propert!
recordation the City's standar
owner to execute and submit to the City Engineer for
form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
7. 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
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
8. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
9. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based
on a contour map which represents both the pre and post site grading. The plan shall
be signed by both the soils engineer and the engineering geologist, and shall be
submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent
record.
10. 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.
Coastal Conditions
11. If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1 st. Grading activities shall be limited to the "dry season", April 1 st
to October 1'' of each year. Grading activities may be extended to November 15'h upon
written approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October lst.
Dedicationdlmprovements
12. 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.
13. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
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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 paving, base, sidewalks, curbs and gutters, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants and street
lights to City Standards to the satisfaction of the City Engineer.
A. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Carlsbad Boulevard.
B. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Christiansen Way to provide angled parking with appropriate
transitions to the satisfaction of the City Engineer.
C. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Beech Avenue.
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.
Carlsbad Boulevard shall be dedicated by Owner along the project frontage based on
a center line to right-of-way width of 54 feet and in conformance with City of Carlsbad
Standards.
Christiansen Way shall be dedicated by Owner along the project frontage based on a
center line to right-of-way width of 40 feet and in conformance with City of Carlsbad
Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along the subdivision boundary.
The developer shall have the entire drainage system designed, submitted to and
approved by the City Engineer, to ensure that runoff resulting from 10-year frequency
storms of 6 hours and 24 hours duration under developed conditions, are equal to or
less than the runoff from a storm of the same frequency and duration under existing
developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to
determine the detention basin capacities necessary to accomplish the desired results.
Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Management Plan
(SWMP)”. The SWMP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWMP 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.
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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.
Ensure long-term maintenance of all post construction BMPs in perpetuity. 4)
Special Enn i neer i nq Conditions
20. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the tentative map are for planning purposes only. Developer shall pay
traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively.
MUNICIPAL WATER DISTRICT CONDITIONS
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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.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer] wider easements may be required for
adequate maintenance] access and/or joint utility purposes.
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(@ prior to issuance of Building Permits.
The Developer shall design and construct public water, sewer, and facilities substantially
as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed
public facilities shall be reflected on public improvement plans. The existing sewer in
Washington Street is lined, and a special design is required for the proposed
project connection.
The Developer shall provide separate potable water meters for each separately owned
unit.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, and sewer system shall be evaluated in detail to ensure that adequate
capacity] pressure, and flow demands can be met to the satisfaction of the District
Engineer.
BUILDING DEPARTMENT CONDITIONS
The following conditions shall apply to the storage units contained in Building 1 as part of a
common parking garage:
1. The walls separating the U-occupancies (storage closets) from the parking garage shall
be masonry construction. All cells shall be fully grouted.
2. 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.
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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.
Fees -
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.
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 exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.1 6 (the Grading Ordinance) to the satisfaction
of the City Engineer.
General
3. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
4. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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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.
This approval shall expire twenty-four (24) months from the date this major
redevelopment permit approval becomes final.
This approval is granted subject to the approval of CDP 01-16 and CT 01-10 and is
subject to all conditions contained in Design Review Board Resolutions No. 287 and
288 for those other approvals incorporated by reference herein.
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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
“feedexact ions .”
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 24‘h day of June, 2002 by the following
vote to wit:
AYES: Heineman, Baker, Paulsen
NOES: None
ABSENT: Lawson
ABSTAIN: Marquez
DESIGN REVIEW BOARD
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DEBBLE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
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