HomeMy WebLinkAbout2007-03-07; Design Review Board; Resolution 3191 DESIGN REVIEW BOARD RESOLUTION NO. 319
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF MAJOR REDEVELOPMENT PERMIT RP 05-
4 03 TO ALLOW THE CONSTRUCTION OF A 104-ROOM
HOTEL PROJECT ON PROPERTY LOCATED AT 3136
5 CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND
6 OAK AVENUE IN LAND USE DISTRICT 9 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN
7 LOCAL FACILITIES MANAGEMENT ZONE 1, INCLUDING A
VARIANCE FOR A PORTION OF THE NORTH SIDE YARD
8 SETBACK THAT IS BELOW THE MINIMUM OF THE
o . . SE][MCK_STJLNDARP_ RANGE... FOR _ TOE. . VILLAGE
REDEVELOPMENT AREA.
10 CASE NAME: DKN HOTEL
CASE NO: RP 05-03
11 "
12 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
13 filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding
property described as
Portion of Block 18, Town of Carlsbad per Map No. 775,
15 Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
17 County of San Diego, State of California. APN 203-250-08 and
26-0018
19 ("the Property"); and
20
WHEREAS, said application constitutes a request for a Major Redevelopment Permit as
21
shown on Exhibits "A" - "R" dated March 7, 2007, on file in the Housing and Redevelopment
23 Department, DKN HOTEL - RP 05-03, as provided by Chapter 21.35.080 of the Carlsbad
24 Municipal Code; and
25 WHEREAS, the Design Review Board did on the 7th day of March, 2007, hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
28
1 WHEREAS, at said public hearing, upon hearing and considering all testimony and
2 arguments, if any, of persons desiring to be heard, said Board considered all factors related to
3
DKN HOTEL - RP 05-03.
4
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
6 follows:
7 A. That the foregoing recitations are true and correct.
o B. That based on the evidence presented at the public hearing, the Design Review
9 , Board RECOMMENDS APPROVAL of DKN HOTEL - RP 05-03. based on
the following findings and subject to the following conditions:
10
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:11 ' :
12 1. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein for the north sideyard setback variance, is in conformance
13 with the City's General Plan, the Carlsbad Village Area Redevelopment Plan and the
Carlsbad Village Redevelopment Master Plan and Design Manual, and all pertinent
14 provisions of the Carlsbad Municipal Code based on the facts set forth in the staff report
dated March 7, 2007 including, but not limited to the following:
16 a. The project is consistent with the Carlsbad General Plan in that it provides
for a tourist/traveler serving use normally associated with coastal highways
17 (Carlsbad Boulevard) in an appropriate location within the Village. The use
in turn provides an additional customer base for local restaurants, specialty
shops, and nearby convenience services. Additionally, the project provides
19 new economic development by replacing the existing underutilized uses on
the subject property with a new hotel use. The General Plan objective is to
20 implement the Redevelopment Plan through the comprehensive Village
Master Plan and Design Manual. By providing more hotel lodging, the
21 project helps to create a lively, interesting social environment by encouraging
22 and increasing the opportunity for 24-hour life in the Village, which provides
the necessary customer base to attract complementary uses. The project
23 reinforces the pedestrian-orientation desired for the downtown area with a
hotel location that provides an opportunity for hotel patrons to walk to
24 shopping, recreation, and mass transit functions. The projects proximity to
existing bus routes and mass transit will help to further the goal of providing
new economic development near transportation corridors. Furthermore, the
26 project will provide a strong street presence with extensive architectural
relief, including outdoor patios looking out over Carlsbad Boulevard and
27 parking that is out-of-site and below grade. Overall, the new hotel will
enhance the Village as a place for living and working.
28
b. The project is consistent with the land use standards set forth in the Village
DRBRESONO. 319 -2-
Master Plan in that it will provide a permitted use (hotel) in an appropriate
- location within Land Use District 9 of the Village Redevelopment Area. The
proposed project assists in satisfying the goals and objectives set forth for
3 Land Use District 9 through the following actions: 1) it establishes the Village
as a quality shopping, working, and living environment providing additional
4 lodging for visitors who will shop and dine within the Village adding to the
lively environment within the downtown area, 2) it improves the pedestrian
circulation in the Village Area by providing lodging in close proximity to
5 both bus and rail mass transit options and will thus encourage and promote
the use of mass transit, further improving vehicular circulation in the
7 Village, 3) it stimulates property improvements and new improvements in the
Village by providing an appropriate intensity of development that is
compatible with the surrounding area and may serve as a catalyst for future
o __„._.,-, „ _, r,edev,elopment,,in«the^ area,jl.X. iOmproxes^the^physical, appearance, of the
Village Area by replacing older structures with an aesthetically pleasing
10 building that meets the requirements of the design guidelines for the Village.
c. The project as designed is consistent with the development standards for
Land Use District 9, design guidelines, and other applicable regulations set
forth in the Village Master Plan and Design Manual, with the exception of
13 the requested variance. ,
14 d. The findings required allowing reductions in the front yard setback and the
south side yard setback at a level below the maximum and within the
standard range are as follows. First, the proposed setback will not have an
adverse impact on surrounding properties as the reduced setback will allow
for the outdoor dining areas and the business center to be close to the street
17 reinforcing the pedestrian interaction along Carlsbad Boulevard helping to
create a lively commercial block frontage. The reduced front yard setback
1° will, therefore, encourage and maintain the existing visitor-serving
, g commercial continuity and synergy that exists along Carlsbad Boulevard
adding to the shopping experience in the Village. The reduced side yard
20 standard will help to break up the mass of the building allowing other
portions of the building to be setback further. Second, the reduced
standards will assist in developing a project that meets the goals of the
Village Redevelopment Area and is consistent with the land use objectives in
that the project will replace existing blighted structures with a visually
23 appealing project that has scale and character that will improve the
appearance and condition of the current Village hotel lodging stock helping
24 to stimulate property improvements and further new development in the
Village. The project will help to further establish Carlsbad Village as a
quality shopping and living environment by providing an attraction for
additional tourist-serving uses. Lastly, the reduced standards will assist in
creating a project design that is interesting, visually appealing and reinforces
27 the Village character of the area through setbacks that provide adequate
space for landscaping and decorative paving at the ground floor allowing
28 building recesses and relief along the various building planes. The reduced
standards will assist in creating greater architectural articulation adjacent to
DRBRESONO. 319 -3-
the street and will assist in the effort to make the building visually interesting
2 and more appealing which is a primary goal of the Village Design guidelines
in reinforcing the Village character.
3
e. The existing streets can accommodate the estimated ADTs and all required
4 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.
5 Pedestrian circulation is provided through pedestrian-oriented building
design, landscaping, and hardscape. Public facilities have been or will be
7 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
16
10 f. 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.
13 g. 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
14 appropriate fire protection and other safety standards.
2. The Design Review Board finds as follows to allow a variance for the north side yard
setback that is below the minimum of the standard range:
17 a. That because of special circumstances applicable to Jthe subject property,
including size, shape, topography, location or surroundings, the strict application
of the zoning ordinance deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification, in that the shape
of the lot is unusual due to it's "wedged" shape configuration at the north
20 end of the site fronting Carlsbad Boulevard. This shape restricts the design
flexibility for new visitor-serving commercial uses. However, through the
21 reduction (variance), the applicant is able to provide a large enough outdoor
dining area at the north end of the site that will serve to reinforce the
pedestrian interaction between hotel patrons, and pedestrians helping to
23 generate a lively commercial block frontage with visitor-serving commercial
continuity. This is consistent with the goals and objectives of the Village that
24 include attracting additional tourist serving commercial uses and reinforcing
the pedestrian commercial continuity within the Village commercial districts.
The additional outdoor dining area, enabled through the variance, is
necessary at the north corner of the site in order to maintain the existing
visitor-serving commercial continuity and synergy that exists along Carlsbad
27 Boulevard.
b. That the variance shall not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the
DRBRESONO. 319 -4-
1 subject property is located and is subject to any conditions necessary to ensure
2 compliance with this finding, in that the property to the north currently has a
zero foot side yard and rear yard setback. By allowing the subject project to
3 abut the property line to the north, the project will share the same setback
standard as the property to the north. Allowing the setback standard below
4 the 5-foot minimum will eliminate an area between the proposed and existing
building that could collect trash and debris and eventually become a health
and safety concern.
6
c. That the variance does not authorize a use or activity which is not otherwise
7 s expressly authorized by the zone regulation governing the subject property, in that
a hotel use is a permitted use within Land Use District 9 (Tourism Support
Area) of the V-R zoning designation.
d. That the variance is consistent with the general purpose and intent of the general
10 plan, Carlsbad village area redevelopment plan, and, the Carlsbad Village
Redevelopment 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
13 with many of the properties in the redevelopment area. The reduced side
yard setback is consistent with the existing site conditions to the north where
14 the property to the north currently has a zero foot side yard and rear yard
setback. The requested variance in no way changes the iise or development
of the site in a manner that is inconsistent with the general purpose and
intent of the General Plan, Carlsbad Village Area Redevelopment Plan, and
the Carlsbad Village Redevelopment Master Plan and Design Manual.
17
e. In addition, in the coastal zone, the variance is consistent with and implements the
1 ° requirements of the certified local coastal program and that the variance does not
reduce or in any manner adversely affect the protection of coastal resources as
specified in the zones included in this title, and the variance implements the
20 purposes of zones adopted to implement the local coastal program land use plan,
in that the variance is consistent with the intent of the requirements of the
21 Village Master Plan and Design Manual, which functions as the Local
Coastal Program for the area. As long as the project is consistent with the
Village Master Plan and Design Manual, the project is consistent with the
23 Local Coastal Program. The variance allows for a permitted hotel use with
outdoor seating, which is consistent with the Village Master Plan and Design
24 Manual and therefore is consistent with the Local Coastal Program.
oc ^ 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
27 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
DRBRESONO. 319 -5-
project will be installed to serve new development prior to or concurrent with need.
2 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
A service is available, and building cannot occur within the project unless
sewer service remains available and the District Engineer is satisfied that the
5 requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
6
b. All necessary public improvements have been provided or are required as
conditions of approval.
8
c. The Public Facility fee is required to be paid by Council Policy No. 17 and
9-- ~— yfrjjj-be • collected*pfior*to the ^issuance of'buHding permit.
10
4. The project is consistent with the City's Landscape Manual.
12 5. The Design Review Board has reviewed each of the exactions imposed on the Developer
contained in this resolution, arid hereby finds, in this case, that the exactions are imposed
13 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.
15 GENERAL CONDITIONS:
16 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
19 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
20 of all future building permits; deny, revoke or further condition all certificates of
occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their
22 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
23 Major Redevelopment Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
25 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.
26 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
~n 3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
DRBRESONO. 319 -6-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
6 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
7 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
connection with the use contemplated herein, and (c) Developer/Operator's installation
1 0 and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
' energy waves or emissions. This obligation serves until all legal proceedings have been
12 concluded and continues even if the Agency's approval is not validated.
13 6. The Developer shall submit to the Housing and Redevelopment Department
reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
14 conditions approved by the final decision making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
17
8. 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
I 9 provide school facilities.
20 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
Plan prior to the issuance of building permits.
22 10. Approval is granted for Major Redevelopment Permit RP 05-03 as shown on Exhibits
23 "A" - "R" dated March 7, 2007, on file in the Housing and Redevelopment
Department and incorporated herein by reference. Development shall occur substantially
24 as shown unless otherwise noted in these conditions.
25 1 1. This approval is granted subject to the approval of the Negative Declaration and GPA
26 06-01, LCPA 05-02, CDP 05-14, and SDP 05-04 and is subject to all conditions
contained in Planning Commission Resolutions No. 6254, 6255, 6257, 6258 and 6259
27 and Design Review Board Resolution Nos. 321 and 320 for those other approvals.
oo
12. ' 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.
DRBRESONO. 319 -7-
13. Building permits will not be issued for the project unless the local agency providing water
2 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
3 the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy. A note to this effect shall be
placed on the final map.
Landscape Conditions:
6
14. The Developer shall submit and obtain Planning Director approval of a Final Landscape
7 and Irrigation Plan showing confbrmance 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
^SQS^S&^M^SSQJSS^.i-'^S^i^^L^^^-
10 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
12 Noticing Conditions:
13
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
14 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
15 successors in interest that the City of Carlsbad has issued a Major Redevelopment
15 Permit, Coastal Development Permit, and Negative Declaration by Resolution(s) No.
319, 320, and 321 on the real property owned by the Developer. Said Notice of
17 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
18 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment
19 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
20 successor in interest.
21 On-site Conditions:
22 17. The Developer shall construct trash receptacle and recycling areas as shown on the site
23 Plan (Exhibit "B") enclosed by a six-foot high masonry wall with gates pursuant to City
Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said
24 receptacles shall be approved by the Housing and Redevelopment Director and/or
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Housing and Redevelopment Director and/or Planning
Director.
27 18. 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
28 Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter
comply with the approved plan.
DRBRESONO. 319 -8-
1 19. The Developer shall submit and obtain Planning Director approval of an exterior lighting
2 plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
3
20. All roof appurtenances, including air conditioners, shall be architecturally integrated and
4 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/or Housing and Redevelopment.
6
21. Solid decorative masonry walls, with design and materials consistent with the hotel
7 building, shall be installed along all common lot lines that adjoin an existing
residential use.
9. Engineering
10 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.
1O
General
13
22. Prior to hauling dirt or construction materials to or from any proposed construction site
14 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
23. 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.
17
24. Developer shall install sight distance corridors at all street and driveway intersections in
accordance with Engineering Standards.
19 Fees/Agreements
20
25. Developer shall cause property owner to execute and submit to the City Engineer for
21 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
22 26. Developer shall cause property owner to. execute, record and submit a recorded copy to
23 the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan. The deed restriction document shall be in a form
24 acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
r\s~
B. State that the drainage course is to be maintained in perpetuity by the underlying
27 property owner; and
28 C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
DRBRESONO. 319 -9-
1
2
damage to the underlying and adjacent properties or the creation of a public
nuisance.
3 27. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
6 on a form provided by the City Engineer.
7 Grading
o
28. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
^
operation, all geologic corrective measures as actually constructed and must be based on a
10 contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
11 x 36" mylar or similar drafting film format suitable for a permanent record.
12 29. Based upon a review of the proposed grading and the grading quantities shown on the site
13 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
14 project.
Dedications/Improvements
16 30. Developer shall cause Owner to execute a covenant of easement for drainage purposes
17 as shown on the site plan. The obligation to execute and record the covenant of easement
shall be shown and recording information called out on the site plan. Developer shall
provide City Engineer with proof of recordation prior to issuance of building permit.
19 31. Additional drainage easements may be required. Developer shall dedicate and provide or
20 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
21
32. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
23 to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
24 plan check and inspection fees.
33. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan and the following improvements including, but not
27 limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, and drainage curb outlets, to City
28 Standards to the satisfaction of the City Engineer. The improvements are:
DRBRESONO. 319 -10-
a) Curb, gutter and sidewalk fronting Lincoln Street.
2 b) Underground of utility poles and wire on Lincoln Street property frontage,
c) Installation of domestic and fire water services.
3 d) Installation of sewer lateral as needed.
e) Installation of drainage curb outlet on Lincoln Street and Carlsbad Boulevard.
4 f) Street pavement and base on Lincoln Street frontage as needed between street
centerline and proposed curb and gutter.
g) Installation of driveway approach and replacement of driveway approach with
curb and gutter on Carlsbad Boulevard
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
^mprove^e^^greejTiejit_gr_such o^^rjrime_as^prqyidedjnjaid agreement.
10 34. Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along and within the project boundary.
11
35. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under ; existing developed
14 conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
15
, 36. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
17 pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
18 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
21 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 thiriners, 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.26
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
37. Prior to the issuance of grading permit or building permit, whichever occurs first,
DRBRESONO. 319 -11-
* Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
2 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region
3 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
4 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
5 a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
7 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,exient4)ia^ „
d. establish specific procedures for handling spills and routine clean up. Special
10 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
11 e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
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
13 practicable.
14 38. Prior to building permit or grading permit issuance, whichever occurs first Developer
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
i { 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
17 required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
18
,Q 39. The developer shall process and receive approval of an adjustment plat to
consolidate the four lots within the project boundaries into one lot.
20
40. Property owner shall enter into an encroachment agreement with the City for any
21 private improvements proposed within the public right-of-way, including decorate
pavement within driveway approaches. Encroachment Agreements shall be
processed in accordance with City procedures and fees.
23
24 Water
25 41. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
26 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
27 considered public improvements and shall be served by public water mams to the
•satisfaction of the District Engineer.
28
DRBRESONO. 319 -12-
42. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
2 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
3
43. The Developer shall install potable water services and meters at a location approved by
4 the District Engineer. The locations of said services shall be reflected on public
improvement plans.
5 44. 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
7 improvement plans.
45. The Developer shall design and construct public water, sewer, and recycled water
facilities^ubslantially^ja5^^hfl3TO_jpjBL^e^ite_,.PjMJfiLJflsL^tLsfa^tion^Ohe. District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
10 " "
46. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the" District Engineer has
determined that adequate water and sewer facilities are, available at the time of
occupancy.
13 . ...47. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
14 potable water and sewer system shall be evaluated in detail to ensure that adequate
capacity, pressure, and flow demands can be met to the satisfaction of the District
Engineer.
16 48. The Developer shall submit a detailed sewer study, prepared by a Registered
17 Engineer, that identifies the peak flows of the project, required pipe sizes, depth of
flow in pipe, velocity in the main lines, and the capacity of the existing
infrastructure. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the
District Engineer.
20
49. The Developer shall submit a detailed potable water study, prepared by a
21 Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall be submitted concurrently with the
23 improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
24
Code Reminders:
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The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
27
50. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
28 #175 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
DRBRESONO. 319 -13-
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
2 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 and not paid, this
3 approval will not be consistent with the General Plan and shall become void.
51. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
6 52. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of final project approval.
7
53. 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
9 - -.--, permiyisjuajicj,,excgpt^EP.^Iwise sp^ifi^any pjoyidedjiejein.
10 54. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
13
56. Any signs proposed for this development shall at a minimum be designed in conformance
14 with the sign criteria contained in the Village Redevelopment Master Plan and
Design Manual and shall require review and approval of the Housing and
Redevelopment Director prior to installation of such signs.
16
57. Developer shall exercise special care during the construction phase of this project to
17 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
18 of the City Engineer.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"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 APPLYlo™wBer~alnd"lewef"cofliection fees" and~ca^acity charges, liorplahhirig;
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 7th day of March, 2007 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Lawson, Board members Baker and Schumacher
None
Board members Hamilton and Whitton
None
TQN^LA^VSON, ACTING CHAIRPERSON
DESIGNyREVIEW BOARD
/
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRBRESONO. 319 -15-