HomeMy WebLinkAbout2006-09-25; Design Review Board; Resolution 3141 DESIGN REVIEW BOARD RESOLUTION NO. 314
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 06-02 FOR THE
4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF FOUR (4) APARTMENT UNITS AND 2,170 SQUARE
FEET OF COMMERCIAL (RETAIL/OFFICE) SPACE ON THE PROPERTY
6 LOCATED AT 3135 AND 3147 ROOSEVELT STREET IN LAND USE
DISTRICT 5 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA
7 AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ROOSEVELT PLAZA
8 APN: 204-085-02-00 & 204-085-03-00
9 CASE NO: RP 06-02
10
WHEREAS, Patrick M. Norman, "Applicant", has filed a verified application with the
12 Redevelopment Agency of the City of Carlsbad regarding property owned by Roosevelt Plaza,
13 LLC, "Owner", described as Assessor Parcel Number 204-085-02-00 & 204-085-03-00, and
*4 more thoroughly described in Attachment A, ("the Property"); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
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shown on Exhibits "A-E" dated September 25,2006, on file in the Housing and Redevelopment
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10 Department, "Roosevelt Plaza RP 06-02", as provided by Chapter 21.35.080 of the Carlsbad
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19 Municipal Code; and
20 WHEREAS, the Design Review Board did on the 25th day of September, 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 to be heard, said Board considered all factors related to
24
"Roosevelt Plaza RP 06-02."
26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
27 follows:
28 A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
2 Board RECOMMENDS APPROVAL of Roosevelt Plaza RP 06-02, based on
the following findings and subject to the following conditions:
3
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;
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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 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 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
2. The Design Review Board finds that the project, as conditioned herein and the
10 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 Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated September 25, 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 multi-family
residential use and commercial (office/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
16 opportunities in the Village. By providing more residential and commercial
opportunities, the project helps to create a lively, interesting social environment
17 by encouraging and increasing the opportunity for 24-hour life in the Village,
which provides the necessary customer base to attract complementary uses. The
project reinforces the pedestrian-orientation desired for the downtown area by
19 providing the new residents an opportunity to walk to shopping, recreation, and
mass transit functions. The project's proximity to existing bus routes and mass
20 transit will help to further the goal of providing new economic development near
transportation corridors. Furthermore, the project will provide a strong street
presence with attractive architectural features, large windows along the
22 commercial street frontage for storefront gazing, outdoor decks looking out over
the street and visually subordinate parking. Overall, the mixed-use project will
23 enhance the Village as a place for living and working.
24 b. The project is consistent with the Village Redevelopment Master Plan and
Design manual in that the proposed project assists in satisfying the goals and
objectives set forth for Land Use District 1 through the following actions: 1) it
26 establishes the Village as a quality shopping, working, and living environment
by providing for a multi-family product which serves to increase the type of
27 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 residential units in close proximity to both bus and rail mass transit 3)
DRBRESONO. 314 -2-
it stimulates property improvements and new development in the Village by
2 providing for an appropriate intensity of residential development and
commercial (retail/office) development that may serve as a catalyst for future
3 redevelopment in the area, 4) it improves the physical appearance of the Village
Area by replacing older structures with an aesthetically pleasing building with
attractive landscaping.
c. The project as designed is consistent with the development standards for Land
5 Use District 5, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual.
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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
been designed in relationship to the land use and available parking. Public
10 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
* 1 management practices" for the elimination and reduction of pollutants which
1 _ enter into and/or are transported within storm drainage facilities.
13 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
14 requirements for new development within the Village Redevelopment Area and
the City's Landscape Manual.
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
17 fire protection and other safety standards.
g. The proposed project is consistent with the Housing Element of the General
Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
Agency's Inclusionary Housing Requirement, as the Developer has been
20 conditioned to pay to the City an inclusionary housing in-lieu fee for four (4)
units.
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3. 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
23 (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density
designation is as follows:
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a. The density is compatible with the surrounding area, which contains a variety of
25 uses including commercial/retail and multi-family residential. Application of the
RH General Plan designation on the subject property would allow for future
high density residential mixed-use development, which is permitted in District 1,
27 and would be compatible with the mixture of surrounding uses.
28
DRBRESONO. 314 -3-
b. The RH General Plan density designation serves to satisfy the goals of the
2 Village Redevelopment Master Plan by increasing the number, quality, diversity,
and affordability of housing units within this area of the Village. The high
3 density designation allows for future development that would be consistent with
the development in the area and the goals and objectives of the Redevelopment
Master Plan.
c. The RH General Plan density designation serves to satisfy the objectives of Land
Use District 5 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation (Bus & Village Coaster Station).
7 High 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.
9 4. The Design Review Board finds that the RH 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
September 25,2006, including but not limited to the following:
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a. Land Use - The project is consistent with the City's General Plan since the proposed
density of 16.7 du/ac is within the density range of 15-23 du/ac specified for the site
13 as indicated in the Land Use Element of the General Plan. The project's proposed
density of 16.7 du/ac is below the Growth Management Control Point density (19
14 du/ac) 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
Housing Element, all of the dwelling units which were anticipated toward achieving
the City's share of the regional housing need that are not utilized by developers hi
approved projects are deposited hi 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
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 Tyler Street and is conditioned to
provide all necessary street improvements. On-site circulation consists of 24 foot
21 wide drive aisle that will accommodate the 12 on-site parking spaces designed in
accordance with City standards.22
23 c. Noise - The project is conditioned to provide all noise attenuation measures as
identified in the acoustical study prepared by Eilar Associates.
24
d. Housing - The project is consistent with the Housing Element of the General Plan
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 four (4) units.
27 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
DRBRESONO. 314 -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,
4 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.
o
b. All necessary public improvements have been provided or are required as
o, conditions of approval.
10 c. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation to provide school
* * facilities.
12 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
13 will be collected prior to the issuance of building permit.
14 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.
16 6. The project is consistent with the City's Landscape Manual.
17 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
, o of the exaction is in rough proportionality to the impact caused by the project.
20 8. 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 parking
21 requirements for the project. Justification for participation in the Parking In-Lieu Fee
Program is contained in the following findings:
Z*£i
23 a. The project is consistent with the Carlsbad General Plan because it provides for
a commercial (retail/office) use in an appropriate location within the Village.
24 The project provides greater employment opportunities, enhances the pedestrian
orientation of the area, and retains the Village character and pedestrian scale
2-> through adherence to the land use regulations and design guidelines set forth for
~<- the area.2o
27 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
28 for Land Use District 5 through the following actions: 1) the project provides
DRBRESONO. 314 -5-
permitted commercial (retail/office) space in a new structure; 2) the building is
2 designed in a manner that compliments nearby residential uses by incorporating
many of a same architectural elements found in residential projects; and 3) the
3 project consists of an individual building set back from the street and
surrounded by an abundance of landscaping.
4
, c. Adequate parking is available within the Village to accommodate the project's
parking demands. Based on the most recent parking study dated in August of
6 2006, the average occupancy for all public parking lots is 82%. This utilization
ratio allows for continued implementation of the parking in-Iieu fee program
7 because it is less than the 85% threshold for maximum utilization set by the
Housing and Redevelopment Commission.8
g d. The In-Lieu Fee Program has not been suspended or terminated by the Housing
and Redevelopment Commission.
10
GENERAL CONDITIONS:
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12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
14 implemented and maintained over time, if any of such conditions fail to be so
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
16 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
17 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
conditions or seek damages for their violation. No vested rights are gained by Developer
I o or a successor in interest by the City's/Agency's approval of this Major Redevelopment
Permit.
20
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
21 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
23 development different from this approval, shall require an amendment to this approval.
24 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.
26 4. 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
27 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 invalid28
DRBRESONO. 314 -6-
unless the Housing and Redevelopment Commission determines that the project
2 without the condition complies with all requirements of law.
3 5. The Developer/Operator shall and does hereby agree to indemnity, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
4 members, officers, employees, agents, and representatives, from and against any and all
c 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
6 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
7 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
9 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.
10
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
j 2 conditions approved by the final decision making body.
13 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
14 format.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
16 Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
17
9. 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
1 p Plan prior to the issuance of building permits.
20 10. Approval is granted for Major Redevelopment Permit RP 06-02 as shown on Exhibits
A-E, dated September 25, 2006, on file in the Housing and Redevelopment
21 Department and incorporated herein by reference. Development shall occur substantially
22 as shown unless otherwise noted in these conditions.
23 11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
24
12. Building permits will not be issued for the project unless the local agency providing water
and sewer services to the project provides written certification to the City that adequate
26 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
27 will continue to be available until the time of occupancy. A note to this effect shall be
placed on the Final Map.28 V V
DRBRESONO. 314 -7-
1 HOUSING CONDITIONS;
2 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of
3 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
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.
6 LANDSCAPE CONDITIONS;
7 14. The Developer shall submit and obtain Housing & 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. All landscape
10 shown on the approved plans may not be removed or altered without written
permission of the City. Trees must be maintained in such a manner as to preserve
1 the natural form of the species. Topping of trees is not allowed.
12 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
13 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
14
16. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
16
17. All utilities shall be screened from public view. Landscape construction drawings
17 shall show and label all utilities and provide appropriate screening. Planting beds
shall be designed around utilities. All light poles shall be located on the landscape
plans and shall not conflict with existing trees and trees located on the landscape
19 plans.
20 MISCELLANEOUS CONDITIONS:
21 18. 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
23 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
24 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.25
26 19. 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
27 recreational facilities.
28 NOTICING CONDITIONS;
DRBRESONO.314 -8-
1
2 20. 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
3 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. 314 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
6 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.
o
9 ON-SITE CONDITIONS:
10 21. The developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing & Redevelopment Director. Enclosure shall be of similar colors and/or
materials of the project and subject to the satisfaction of the Housing & Redevelopment
13 Director.
22. 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
the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter
16 comply with the approved plan.
23. 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.
19
24. All roof appurtenances, including air conditioners, shall be architecturally integrated and
20 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.
22
25. Prior to issuance of the building permit, the Developer shall enter into a Parking In-
23 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 a portion of the commercial (retail/office) component of the
project's parking requirement (4 spaces total).
26
26. Prior to the issuance of a grading permit, Developer shall enter into and record a
27 joint use parking agreement to the satisfaction of the Housing & Redevelopment
Director between the concerned uses at 204-085-02 & 204-085-03 for the joint use of
two parking spaces.
DRBRESONO. 314 -9-
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2 27. The project shall have a master cable television hookup. Individual antennas shall
not be permitted.
3
28. There shall be separate utility systems for each unit.
existing residential use.
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of the City Engineer.16
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building permit issuance, except as otherwise specifically provided herein.
29. Building materials identified in acoustical study prepared by Eilar Associates shall
be used in the building construction in order to reduce noise levels to an acceptable
level.
30. Solid masonry walls shall be installed along all common lot lines that adjoin an
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
Fees
31. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
32. 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
General
33. 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
20 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
35. 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 & Redevelopment Director prior to installation of such signs.
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 building or grading permit whichever
occurs first.
DRBRESONO. 314 -10-
1
2 General
3 36. 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.
37. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
5 approved drainage course or street to the satisfaction of the City Engineer.
7 38. Developer shall install sight distance corridors at all street/driveway intersections in
accordance with Engineering Standards.8
p 39. An adjustment plat through certificates of compliance shall be processed and
approved via application to the City to consolidate Lots 22, 23 and 24 into one lot
10 and to adjust the northerly lot line of Lot 22 to reflect the exception of 0.67 feet as
described in the legal description.
Fees/Agreements
13 40. 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
14 shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
17 Grading
41. Based upon a review of the proposed grading and the grading quantities shown on the site
g 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
20 project.
21 Dedications/Improvements
42. Developer shall comply with the City's requirements of the National Pollutant Discharge
23 Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
24 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:
27 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
28 hazardous waste products.
DRBRESONO. 314 -11-
1
2 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
3 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.
6 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
7 when planning any changes to the landscaping and surface improvements.
43. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan
(SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad
10 Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by
the San Diego Region of the California Regional Water Quality Control Board and
City of Carlsbad Municipal Code. The SWMP shall address measures to avoid
contact or filter said pollutants from storm water, to the maximum extent
practicable, for the post-construction stage of the project. At a minimum, the
13 SWMP shall:
14 a. identify existing and post-development on-site pollutants-of-concem;
b. identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
17 extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident and employee education on the
. Q proper procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
20 f- identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
21 practicable.
22 44. Prior to building permit or grading permit issuance, whichever occurs first, Developer
23 shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
24 due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
27 Special Conditions
28
DRBRESONO. 314 -12-
45. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
2 the site plan 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
3 Code, respectively.
Carlsbad Municipal Water District
46. 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
7 satisfaction of the District Engineer.
o
47. 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
10 maintenance, access and/or joint utility purposes.
48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
13
49. The Developer shall design and construct public water and sewer facilities substantially
14 as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public
facilities shall be reflected on public improvement plans.
50. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
17 determined that adequate water and sewer facilities are available at the time of
occupancy.
18
, g 51. Unless otherwise approved by the district engineer, the water main shall be removed
and replaced between joints with a ductile/cast iron fitting and PVC to
20 accommodate installation of the proposed fire hydrant assembly per Carlsbad
Municipal Water District Standard W12. Note 11 of sheet 2 of the preliminary
21 grading plan shall be revised to reflect this standard on the final construction
drawings and approved site plan. A "wet" or "hot" tap is not permitted.
23
24
25
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27
28
DRBRESONO. 314 -13-
1
2
3 NOTICE
4 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/^ **-fia*»n /*av a/"*+••/%-nei "
6 You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
7 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
8 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
g follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
10
You are hereby FURTHER NOTIFIED lhat your right to protest the specified fees/exactions
11 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
13 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
14
PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of
I g the City of Carlsbad, California, held on the 25th day of September, 2006 by the following vote
17 to wit:
18 AYES: BAKER, HEINEMAN, LAWSON AND SCHUMACHER
19 NOES: NONE
20 ABSENT: NONE
21 ABSTAIN: HAMILTON
22
23 —*"' - TT^HAIRPERSON
24 DESIGN REVIEW BOARD
25 ATTEST:
26
27
DEBBIE FOUNTAIN
28 HOUSING AND REDEVELOPMENT DIRECTOR
DRBRESONO. 314 -14-