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HomeMy WebLinkAbout2003-02-24; Design Review Board; Resolution 2911 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. 291 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR VARIANCE FOR A REAR YARD SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE, A VARIANCE FOR A PORTION OF THE ROOF TO EXCEED THE MAXIMUM HEIGHT LIMIT, AND MAXIMUM OF FOUR PARKING SPACES, FOR THE CONSTRUCTION OF A 10,490 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2815 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE CARLSBAD VlLLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: KENT JESSEE OFFICE BUILDING REDEVELOPMENT PERMIT NUMBER RP 02-02, INCLUDING A PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A APN: 203-1 10-29 CASE NO: RP 02-02 WHEREAS, Smith Consulting Architects, “Applicant”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by W. Kent Jessee and Associates, “Owner”, described as Assessor Parcel Number 203-110-29, and more thoroughly described in Attachment A, (“the Property”); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as shown on Exhibits “A-H” dated February 24,2003, on file in the Housing and Redevelopment Department, “Kent Jessee Office Building RP 02-02”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the day of February 2003, 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 “Kent Jessee Office Building RP 02-02”. 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 Kent Jessee Office Building RP 02- 02, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 2. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for a rear yard setback variance, a height variance, and findings to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 24, 2003 including, but not limited to the following: a. b. C. d. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a commercial office project in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. The project as designed is consistent with the development standards for Land Use District 7, the Village 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 DRB RES0 NO. 291 -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 3. 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. e. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area and the City’s Landscape Manual. The Design Review Board finds as follows to allow for a variance for a rear yard setback that exceeds the standard range: a. b. C. 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 due to the excessive depth of the property (201 feet), strict adherence to the setback standards on both the front and rear of the property makes it impossible to provide required on-site parking. By providing a substantial setback on the rear of the building a majority of the required parking can be provided under the building and between the back of the building and the rear property line, both of which are preferable site design strategies set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual. 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 property has an unusual width to depth ratio. A majority of the lots in the area that are of similar width (i.e. 65 feet wide) have a smaller depth (i.e. less than 201 feet). The subject property would have to be wider to accommodate the necessary parking if the building were built to both the front and rear yard setback standards. 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 on the rear of the property will allow the front of the property to be developed at a setback that is consistent with neighboring properties while providing a greater setback from neighboring residential properties along the rear of the parcel. The 71-foot setback on the rear of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. DRB RES0 NO. 291 -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 d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In this case, the narrow width of the subject property compared to the excessive depth necessitates the need for an increased rear yard setback to allow for maximum on-site parking. The design of the building maximizes on-site parking opportunities by providing parking below and in back of the proposed building, both of which are consistent with the Village Master Plan and Design Manual’s goal of making parking visually subordinate in the downtown area. e. An increased setback on the rear of the property is justified because the property abuts a single-family residence and a 16-unit apartment building to the west and a single-family residence to the south. While the single-family residential uses are considered nonconforming uses in District 7, they will remain until such time as the lots are redeveloped into commercial office uses (permitted uses) or perhaps multifamily residential uses (provisional uses). The mixture of existing uses in the immediate vicinity and the subject property’s close proximity to multiple land use districts are evidence that this is an area in the process of transitioning from what was originally a single-family neighborhood to the commercial office district envisioned in the Village Master Plan. The 71-foot setback on the rear of the property serves to protect the livability of existing nearby residential development by creating a buffer between them and the office building. 4. The Design Review Board finds as follows to allow for an increase in maximum height from 35’”’’ to 38’-6”: a. b. 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 the combination of the property’s width to depth ratio and its restricted vehicular access to a single public street dictate a site design with parking on the lower level and usable floor area above in order to achieve a feasible amount of onsite parking. However, construction of a three-story structure within the 35- foot height limit precludes the inclusion of the required 512 roof pitch. In order to develop the subject property in a manner that is consistent with the purpose and intent of the Carlsbad Area Redevelopment Plan, a portion of the roofline will exceed the maximum height of 35 feet. 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’s width to depth ratio (65’ x 201’) and its restricted vehicular access to a single public street (Jefferson Street) make development of the site DRB RES0 NO. 291 -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 C. d. e. f. €5 h. .... difficult to achieve. This condition is not typical of lots in the surrounding area. 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 additional height will be located in the center of the building and is necessary to achieve the required 512 roof pitch. The additional roof height will not negatively impact the livability of nearby residential units. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage redevelopment of underutilized properties and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. In the case of the subject property, many factors affect the feasible development of the site including, the lot’s width to depth ratio, its limited frontage on Jefferson Street, the need to maximize onsite parking, and the desire to design a building that is consistent with the design guidelines set forth for the area. The steeper roof pitch is a dominant and consistent architectural feature within the Village. Strict adherence to the 35-foot height limit on this project precludes the incorporation of this significant design feature on the building and would therefore contradict the standards established in the Village Master Plan and Design Manual. While a majority of the buildings in the area are either one or two stories in height, the proposed structure is comparable to and visually compatible with Jefferson House Senior Apartments located immediately east of the subject property. The senior apartment project is three-stories and 35 feet in height. The proposed project is also comparable in height to other commercial office buildings located further south on Jefferson Street. The increased height will not unduly impact nearby residential uses because the proposed project provides sufficient setbacks from all adjacent property lines and sits 3 feet lower than the elevation of adjacent properties. The taller project will not adversely impact views in the area because the project is not located near any designated view corridors. The project will maintain a scale and character compatible with the Village and the guidelines contained in the Village Master Plan and Design Manual. The Village contains a variety of building types and sizes. This is considered desirable per the Village Master Plan and Design Manual. The height of the building is consistent with others in the Village Area. For instance, for that portion of Jefferson Street that falls within Land Use District 2, the maximum building height for a similar structure is 45 feet. The boundary for District 2 is 3 lots south of the subject property. DRB RES0 NO. 291 -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 5. i. The project provides for exceptional design quality through the incorporation of several architectural features and details including; multiple roof elements with the required 512 roof pitch, various sized multi-paned windows with decorative trim and complimentary colored mullions, a two-story arched entryway with multiple panes of glass, rounded balconies on the second and third stories on the front and rear of the building, and open rail balconies/decks on the second and third stories on both sides of the building. The overall design of the building is consistent with the goals and objectives of the Village Redevelopment Area. The Design Review Board finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parlung requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. The project is consistent with the Carlsbad General Plan because it provides for a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: Staff believes that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project provides permitted professional office space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by landscaping. c. Adequate parking is available within the Village to accommodate the project’s parking demands. The last utilization counts of the Village public parking lots, conducted in August of 2002, indicate a 79% average utilization rate, which is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. d. The In-Lieu Fee Program has not been suspended or terminated by the Housing and Redevelopment Commission. GROWTH MANAGEMENT FINDINGS: 6. 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 DRB RES0 NO. 291 -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 a 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. NOLLAN/DOLAN FINDING: 7. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 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 City’s/Agency’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 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. DRB RES0 NO. 291 -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 3. 4. 5. 6. 7. 8. 9. 10. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations 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. 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 malung 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 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. 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. Landscape Conditions: 11. The Developer shall submit and obtain Planning Director approval of a Final Landscape DRB RES0 NO. 291 -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 12. 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. 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. Noticing Conditions: 13. 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 has issued a Major Redevelopment Permit by Resolution No. 291 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. On-site Conditions: 14. 15. 16. 17. 18. Outdoor storage of material shall not 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 Housing & 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. Developer shall construct, install and stripe not less than 31 parking spaces, as shown on Exhibit “A ”. 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. All signs proposed for this development shall be consistent with the sign plan approved as part of this project as shown on Exhibits “A & C”. Any changes to the sign plan shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. DRB RES0 NO. 291 -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 19. Prior to issuance of the building permit, the Developer shall enter into a Parking In- Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement (4 spaces total). 20. Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. ENGINEERING CONDITIONS Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed redevelopment, must be met prior to approval of a 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 for the proposed haul route. 2. 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. FeeslA Preemen t s : 4. 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 subject property into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. GradinP: 5. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Housing and Redevelopment Director. 6. Based upon a review of the proposed grading and the grading quantities shown on the site plan and preliminary grading plan, 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. DRB RES0 NO. 291 -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 7. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar of the site plan and preliminary grading plan reflecting the conditions as 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. DedicationdImprovements: 8. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to 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 submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 9. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Manangement 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 and City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the maximum extent practicable, storm water pollutant runoff at both construction and post-construction stages of the project. The SWMP shall: a. Identify existing and post-development on-site pollutants. b. Recommend source control and structural Best Management Practices to filter said pollutants. DRB RES0 NO. 291 -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 c. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. Ensure long-term maintenance of all post construct BMPs in perpetuity. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. - Fees: 1. 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 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. 2. General: 3. This approval shall become null and void if building permits are'not issued for this project within 18 months from the date of final project approval. 4. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 5. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Engineering: 6. 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 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. ... ... DRB RES0 NO. 291 -12- 1 1 - 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 OTICE tllat approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feeskxac ti ons. ” 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 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 24‘h day of February 2003 by the following vote to wit: AYES: Marquez, Heineman, Baker, Paulsen NOES: None ABSENT: None ABSTAIN: Lawson W DESIGN REVIEW BMD ATTEST: n e c_ DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 291 -13-