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HomeMy WebLinkAbout2006-02-27; Design Review Board; Resolution 3071 DESIGN REVIEW BOARD RESOLUTION NO. 307 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 05-01 FOR THE 4 CONSTRUCTION OF A 6,811 SQUARE FOOT TWO-UNIT APARTMENT PROJECT ON THE PROPERTY LOCATED AT 786 GRAND AVENUE IN LAND USE DISTRICT 2 OF THE CARLSBAD VILLAGE 6 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 INCLUDING VARIANCES FOR A FRONT AND SIDE YARD 7 SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE. CASE NAME: CORNER GRAND AVENUE 8 APN: 203-302-04 9 CASE NO: RP 05-01 10 WHEREAS, Eduardo Posada, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Aminet 13 Sharipova, "Owner", described as Assessor Parcel Number 203-302-04, and more thoroughly 14 described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-L" dated February 27, 2006, on file in the Housing and Redevelopment 17 Department, "Corner Grand Avenue RP 05-01", as provided by Chapter 21.35.080 of the lo 19 Carlsbad Municipal Code; and 20 WHEREAS, the Design Review Board did on the 27th day of February, 2006, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring "Corner Grand Avenue RP 05-01." 24 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows: 27 A. That the foregoing recitations are true and correct. 28 B. That based on the evidence presented at the public hearing, the Design Review 2 Board APPROVES the Corner Grand Avenue RP 05-01, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 4 r 1. The Housing & Redevelopment 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 6 the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 7 Guidelines as an infill development project. In making this determination, the Housing & Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 The Design Review Board finds that the project, as conditioned herein and with the 10 findings contained herein for a front and side yard setback variances and the establishment of the RMH 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 Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 27, 2006 including, but not limited to the following: 13 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 residential use in 1 - an appropriate location within the Village. This in turn serves to enhance the Village by providing the necessary residential support. The location of the 16 project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units will enhance the 17 Village as a place for living and working. The project will also be close to existing bus routes, furthering the goal of new economic development near transportation corridors. 19 b. The project is consistent with Village Redevelopment Master Plan and Design 20 Manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 2 through the following actions: 1) the project provides a new residential development that will improve the physical ~~ appearance of the village area, and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same 23 architectural elements found in residential projects. 24 c. The project as designed is consistent with the development standards for Land Use District 2, 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. 27 d. 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 DRB RESO NO. 307 -2- been designed in relationship to the land use and available parking. Public 2 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 3 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 4 , 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 5 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 7 f. 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 Q fire protection and other safety standards. 10 g. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment 11 Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) units. 13 h. The proposed project meets all of the minimum development standards set forth 14 in Chapter 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 many of the architectural features of , ., surrounding developments. The buildings, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual, which 17 serves as the adopted land use plan for the area. The overall plan for the project provides for adequate usable open space, circulation, and off-street parking. IB The parking is screened underneath the building and the project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. The overall architecture is compatible with the surrounding area 2o and consistent with the Village character as set forth in the Village Design Manual. 21 3. The Design Review Board hereby finds that the appropriate residential density for the project is 22 RMH (8-15 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. Justification for the RMH General Plan density designation is as 23 follows: 24 a. The density is compatible with the surrounding area, which contains a variety of 25 uses including multi-family residential, single-family residential, commercial and office. Application of the RMH General Plan designation on the subject property 26 would allow for the proposed multi-family development, which is a permitted use in District 2 and would be compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 28 DRB RESO NO. 307 -3- b. The RMH General Plan density designation serves to satisfy the goals of the Village 2 Redevelopment Master Plan by increasing the number, quality, diversity, and afford ability of housing units within this area of the Village. The higher density 3 designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment Master 4 Plan. c. The RMH General Plan density designation serves to satisfy the objectives of Land 5 Use District 2 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation. Higher residential densities in close 7 proximity to 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. 9 4. The Design Review Board finds that the RMH residential density is in conformance with the 10 Elements of the City's General Plan based on the facts set forth in the staff report dated February 27, 2006, including but not limited to the following: 11 a. Land Use - The project is consistent with the City's General Plan since the proposed density of 9.66 du/ac is within the density range of 8 - 15 du/ac specified for the site j3 as indicated in the Land Use Element of the General Plan. The project's proposed density of 9.66 du is slightly below the Growth Management Control Point density 14 (11. du) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified 1 5 Housing Element, all of the dwelling units which were anticipated toward achieving 1 , the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These 17 excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties 18 identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. 20 b. Circulation - The project will take access off of Grand Avenue and is conditioned to provide all necessary street improvements. On-site circulation consists of a private 21 driveway which provides access to a subterranean parking garage designed in accordance with City standards. 22 ~~, c. Noise - The project is conditioned to provide all noise attenuation measures as identified in the acoustical study prepared by Urban Crossroads 24 d. Housing - The project is consistent with the Housing Element of the General Plan 25 and the Inclusionary Housing Ordinance as the as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) units.26 2j 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. 28 The project includes elements or has been conditioned to construct or provide funding to DRB RESO NO. 307 -4- ensure that all facilities and improvements regarding: sewer collection and treatment; water; 2 drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to 3 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 6 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 7 aPply to sewer service for this project. b. All necessary public improvements have been provided or are required as 9 conditions of approval. 10 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. , ~ 6. 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. 14 7. The Design Review Board finds as follows to allow for variances for front and side yard setbacks that exceed the standard range: a. That the application of certain provisions of this chapter will result in practical 17 difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in 18 that due to the location of the property being next to a commercial use and at a busy street corner additional setbacks are required in order to protect the livability of the residents. The increased setback area will be devoted to landscaping, to help buffer the edge of the property and protect the livability for future residents. 21 Providing an increased setback at the front of the proposed building of 18 feet is 22 necessary to provide parking access that is visually subordinated, as specified within the Village Design Manual. The increased setback is necessary in order to accommodate the appropriate drive angle so that residents do not scrape the 24 undercarriage of their vehicles as they enter the underground parking. By providing an increased setback on the front of the building, the required 25 parking can be provided in a subterranean garage making the parking visually subordinate, and landscaping can be provided along the front of the property, both of which are preferable site design strategies set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual. 28 DRB RESO NO. 307 -5- Providing an increased side yard setback of 12 feet along Grand Avenue is 2 necessary to make the project compatible with the adjacent commercial use. The increased setback helps to increase the livability of the residential units. 3 b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or , developments which have the same standards, restrictions, and controls, in that by allowing the proposed setbacks, the subject property will more closely match the 6 setbacks of the surrounding residential properties and adjacent office use. The granting of the variance will not constitute a granting of special privileges as a 7 precedent has been previously set within the V-R zoning for allowing residential projects to exceed the maximum of the standard range. In addition, it is noteworthy that staff is currently working on an amendment to the Carlsbad 9 Village Redevelopment Master Plan, subject to the approval of the Housing & Redevelopment Commission, to allow for commercial and residential projects to 10 exceed the maximum of the setback standard range. 11 c. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the variances do not authorize a use or activity, which is not expressly authorized by 13 the zone regulation governing the subject property, as a multi-family residential use is a permitted use within Land Use District 2 of the V-R zoning. 14 Additionally, the increased setbacks are similar to the setbacks enjoyed by the surrounding properties under the same zoning designation. 16 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 17 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 jo the redevelopment area. The placement of the building is setback similarly to the surrounding properties, allowing for increased landscaped buffering, which 20 is consistent with the Village Master Plan and Design Manual's goal of establishing Carlsbad Village as a quality living environment. Additionally, the project is consistent with the general purpose of the general plan and the Carlsbad village area redevelopment plan. 23 GENERAL CONDITIONS: 24 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 27 implemented and maintained over time, if any 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 DRB RESO NO. 307 -6- building permits; deny, revoke or further condition all certificates of occupancy issued 2 under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 3 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 4 Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 6 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. 7 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. o 9 3. 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. 10 4. If any condition for construction of any public improvements or facilities, or the payment 1 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are ^2 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 13 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 14 5. 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 16 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 17 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 19 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 20 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions.21 22 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the 23 conditions approved by the final decision making body. 24 7. 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. 26 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 27 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities.28 DRB RESO NO. 307 -7- 9. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 10. This approval shall become null and void if building permits are not issued for this 4 project within 18 months from the date of project approval. 11. Building permits will not be issued for this project unless the local agency providing 6 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 7 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.8 12. Approval is granted for Major Redevelopment Permit RP 05-01 as shown on Exhibits A-L, dated February 27, 2006, on file in the Housing and Redevelopment Department 10 and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 11 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 12 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as 13 an individual fee on a per market rate dwelling unit basis in the amount in effect at the , , time, as established by City Council Resolution from time to time. 15 LANDSCAPE CONDITIONS: 14. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan 17 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 18 healthy and thriving condition, free from weeds, trash, and debris. 19 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 20 project's building, improvement, and grading plans. 21 16. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 23 MISCELLANEOUS CONDITIONS; 17. 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 25 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 26 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. 28 DRB RESO NO. 307 -8- 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and 2 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 3 Directors of Community Development and Housing and Redevelopment. 4 NOTICING CONDITIONS: 5 19. 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. 307 on the real property owned by the Developer. Said Notice 8 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 9 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. 12 ON-SITE CONDITIONS: 20. 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 & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply 15 with the approved plan. 16 21. 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. 18 22. Noise barrier identified in acoustical study prepared by Urban Crossroads shall be 19 constructed in order to reduce noise levels to an acceptable level. 20 STANDARD CODE REMINDERS: 21 The project is subject to all applicable provisions of local ordinances, including but not limited to the 22 following code requirements. 23 Fees 24 23. 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. 24. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 27 25. 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 DRB RESO NO. 307 -9- with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 2 of the City Engineer. General 26. The tentative map shall expire twenty-four (24) months from the date this tentative map - approval becomes final. 6 27. 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 the time of 7 building permit issuance, except as otherwise specifically provided herein. o 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 9 Code Section 18.04.320. 10 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 building or grading permit whichever occurs first. 13 General 14 29. 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. 17 30. 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. 18 31. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. 20 32. An adjustment plat shall be processed and approved through the City to consolidate 21 those portions of Lots 13, 14, 15, and 16 of Block 50 of Carlsbad Townsite into one lot within the site boundary. 22 y -T Fees/Agreements 33. Developer shall cause property owner to execute and submit to the City Engineer for 24 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 25 34. 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 27 Lighting and Landscaping District No. 1, on a form provided by the City Engineer. 28 DRB RESO NO. 307 -10- Grading 2 35. Based upon a review of the proposed grading and the grading quantities shown on the site 3 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 4 project. 36. No grading for private improvements shall occur outside the limits of this approval unless 5 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 7 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. 10 Dedications/Improvements 11 37. 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 site plan. 13 The offer shall be made by separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are 14 already public are not required to be rededicated. ^ 38. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 17 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: 20 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 21 hazardous waste products. 2?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 24 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 25 Federal, State, County and City requirements as prescribed in their respective containers. 27 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 28 DRB RESO NO. 307 -11- Carlsbad Municipal Water District 2 39. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 3 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 5 40. 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 6 improvement plans. ' 41. The Developer shall design and construct public water and sewer facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on the public improvement plans. 9 42. This project is approved upon the express condition that building permits will not be 10 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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 307 -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 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any 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 meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of February, 2006 by the following vote to wit: AYES: Heineman, Baker, Lawson, and Schumacher NOES: NONE ABSENT: Marquez ABSTAIN: N/A COURTNEY HEINEMAN, CI DESIGN REVIEW" BOARD ERSON ATTEST: J- DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 307 -13-