HomeMy WebLinkAbout2007-03-29; Design Review Board; Resolution 3221 DESIGN REVIEW BOARD RESOLUTION NO. 322
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 06-03 FOR THE
4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF 2,410 SQUARE FEET OF COMERCIAL/RETAIL SPACE,
1,670 SQUARE FEET OF RESTAURANT SPACE, 6,502 SQUARE FEET OF
6 OFFICE SPACE AND TWO (2) APARTMENT UNITS ON THE PROPERTY
LOCATED AT 560 AND 562 CARLSBAD VILLAGE DRIVE IN LAND USE
7 DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: ROOSEVELT CENTER
9 APN: -.. 203-292-15,16,17, & 19
CASE NO: RP 06-03
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WHEREAS, Richard and Richard Construction, "Applicant", has filed a verified
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application with the Redevelopment Agency of the City of Carlsbad regarding property owned by
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Tom Hurley, "Owner", described as Assessor Parcel Number 203-292-15,16,17, & 19, and
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1 r more thoroughly described in Attachment A, ("the Property"); and;
16 WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
17 shown on Exhibits "A-I" dated March 29, 2007, on file in the Housing and Redevelopment
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Department, "Roosevelt Center RP 06-03", as provided by Chapter 21.35.080 of the Carlsbad
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Municipal Code; and
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WHEREAS, the Design Review Board did on the 29th day of March, 2007, hold a duly
22 noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony and
24 arguments, if any, of persons desiring to be heard, said Board considered all factors related to
25 "Roosevelt Center RP 06-03"
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.
2 B. That based on the evidence presented at the public hearing, the Design Review
3 Board RECOMMENDS APPROVAL of Roosevelt Center RP 06-03, based on
the following findings and subject to the following conditions:
4
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
6 1. The Planning Director has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
7 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 Planning Director has found
9 that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to
this project.
10 ' .
2. The Design Review Board finds that the project, as conditioned herein with the findings
contained herein to grant participation in the Parking In-Lieu Fee Program and the
17 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
13 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated March 29, 2007 including, but not limited to the following:
14 .
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
16 residential use, office and commercial/retail use in an appropriate location
within the Village. This in turn serves to enhance and maintain the area as a
17 residential neighborhood and encourages greater residential support
opportunities in the Village. By providing more residential, office, retail, and
restaurant opportunities, the project helps to create a lively, interesting social
19 environment be encouraging and increasing the opportunity for 24-hour life in
the Village, which provides the necessary customer base to attract
20 complementary uses. The project's proximity to existing bus routes and mass
transit will help to further the goal of providing new economic development near
2* transportation corridors. Furthermore, the project will provide a strong street
22 presence with extensive architectural relief, including outdoor decks looking out
over the adjacent streets and fully enclosed parking. Overall, the new residential
23 units will 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 for-sale product which serves to increase the
27 type of housing options available to people seeking to reside in the downtown
area, 2) it improves the pedestrian and vehicular circulation in the Village Area
2° by providing residential units in close proximity to both bus and rail mass
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transit 3) it stimulates property improvements and new development in the
Village by providing for an appropriate intensity of residential development and
retail, restaurant, and 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
4 attractive landscaping.
c. The project as designed is consistent with the development standards for Land
5 Use District 1, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual.
7
d. The findings required allowing a reduction in the front yard setback at a level
below the maximum and within the standard range are as follows. First, the
o proposed setback will not have an adverse impact on surrounding properties as
the reduced setback will allow for the retail component of the project to be close
10 to the street reinforcing the pedestrian shopping environment. The reduced
front yard setback will encourage and maintain the existing retail continuity
along Carlsbad Village Drive adding to the shopping experience in the Village.
The proposed setback is in line with the existing building to the east and west of
the site along the 500 block of Carlsbad Village Drive. Furthermore, the
13 reduced standard will help to break up the mass of the building allowing other
portions of the building to be setback further and stepped back at upper levels.
14 Second, the reduced standard will assist in developing a project that meets the
goals of the Village Redevelopment Area and is consistent with the land use
objectives for Land Use District 1 in that the proposed land use includes highly
11 desirable ground floor retail space, restaurant space, and complimentary second
story office use and residential units in the center of the Village commercial
17 district helping to stimulate property improvements and further new
development in the Village. The commercial/retail component of the project will
18 help to further establish Carlsbad Village as a quality shopping and living
environment. Lastly, the reduced standard will assist in creating a project
design that is interesting, visually appealing and reinforces the Village character
20 of the area through setbacks that provide adequate space for landscaping and
decorative paving at the ground floor allowing building recesses and relief along
21 the various building planes. The reduced standard will assist in creating greater
architectural articulation adjacent to the street and will assist in the effort to
make the building visually interesting and more appealing which is a primary
23 goal of the Village Design guidelines in reinforcing the Village character. Based
on these findings, it is staff's position that the proposed project satisfies the
24 setback requirements set forth for Land Use District 1.
r\ c e. The findings required allowing an increase in the building coverage standard to
a level above the minimum and within the standard range are as follows. The
proposed building coverage is consistent with the building coverage for many of
27 the properties within the Village. The building coverage is at the middle of the
range and close to the desired standard and will not have an impact on adjacent
28 uses. First, the proposed building coverage will not have an adverse impact on
DRB RESO NO. 322 -3-
surrounding properties as the building coverage will allow for the retail
2 component of the project to be close to the street reinforcing the pedestrian
environment. Second, the proposed building coverage standard provides for the
3 intensification of development desired for the area and a building with a strong
street presence, which assists in creating a project design that is appealing and is
consistent with the objectives for Land Use District 1. Third, the proposed
building coverage will assist in creating a project design that is interesting and
visually appealing and reinforces the Village character of the area through
5 building coverage that provides adequate space for landscaped planter areas,
decorative paving at the ground floor, an outdoor dining area and allows
7 building recesses and relief along the various building planes for architectural
enhancement. Based on these findings, it is staff's position that the proposed
building coverage is consistent with the desired standard.
9 f. The existing streets can accommodate the estimated ADTs and all required
10 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
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
13 management practices" for the elimination and reduction of pollutants which
enter into and/or are transported within storm drainage facilities.
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g. 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.
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h. 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
1 „ fire protection and other safety standards.
20 i- The proposed project is consistent with the Housing Element of the General
Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
21 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)
22 units.
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3. The Design Review Board hereby finds that the appropriate residential density for the project
24 is 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 follows:
0 f\a. The density is compatible with the surrounding area, which contains a variety of
27 uses including commercial and multi-family residential. Application of the
RMH General Plan designation on the subject property would allow for future
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medium-high density residential development, which is permitted in District 1,
2 and would be compatible with the mixture of surrounding uses.
3 b. The RMH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality, diversity,
4 and affordability of housing units within this area of the Village. The medium-
high 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.
7 c. The RMH General Plan density designation serves to satisfy the objectives of
Land Use District 1 by increasing the number of residential units in close
8 proximity to shops, restaurants, and mass transportation (Bus & Village Coaster
Station). Medium-High residential densities in close proximity to mixed-use
areas with easy access to mass transportation promote greater job/housing
10 balance and help solve regional issues such as reduced traffic congestion and
improved air quality.
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4. The Design Review Board finds that the RMH residential density is in conformance with the
12 Elements of the City's General Plan based on the facts set forth in the staff report dated
March 29, 2007, including but not limited to the following:
14 a. Land Use - The project is consistent with the City's General Plan since the proposed
density of 8.1 du/ac is within the density range of 8 - 15 du/ac specified for the site as
indicated in the Land Use Element of the General Plan. The project's proposed
density of 8.1 du/ac is slightly below the Growth Management Control Point density
(11.5 du) used for the purpose of calculating the City's compliance with
17 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
18 toward achieving 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 excess dwelling units are available for allocation to other projects.
20 Accordingly, there is no net loss of residential unit capacity and there are adequate
properties identified in the Housing Element allowing residential development with
21 a unit capacity adequate to satisfy the City's share of the regional housing need.
b. Circulation - The project will take access off of Carlsbad Village Drive and is
~_ conditioned to provide all necessary street improvements.
24 c. Noise - The project is conditioned to provide all noise attenuation measures as
identified in the acoustical study prepared by Urban Crossroads
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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
27 conditioned to pay to the City an inclusionary housing in-lieu fee for two (2) units.
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5. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
2 Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
3 ensure that all facilities and improvements regarding: sewer collection and treatment;
water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
4 government administrative facilities; and open space, related to the project will be installed
to serve new development prior to or concurrent with need. Specifically,
6 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
7 is available, and building cannot occur within the project unless sewer service
remains available and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
9 apply to sewer service for this project.
10 b. All necessary public improvements have been provided or are required as
conditions of approval.
, 2 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.
13
d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
14 collected prior to the issuance of building permit.
e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
16 collected prior to the issuance of building permit.
17 6. The project is consistent with the City's Landscape Manual.
1 O 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
20 of the exaction is in rough proportionality to the impact caused by the project.
21 8. The Design Review Board finds that the Developer/Property owner qualifies to participate in
22 the Parking In-Lieu Fee Program and participation in the program will satisfy the parking
requirements for the project. Justification for participation in the Parking In-Lieu Fee
23 Program is contained in the following findings:
24 a. The project is consistent with the Carlsbad General Plan because it provides a
mixed-use building in an appropriate location within the Village. The project
provides greater employment opportunities, enhances the pedestrian orientation
26 °f tne area, and retains the Village character and pedestrian scale through
adherence to the land use regulations and design guidelines set forth for the
27 area.
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b. The project is consistent with Village Redevelopment Master Plan and Design
2 Manual in that the project assists in satisfying the goals and objectives set forth
for Land Use District 1 through the following actions: 1) the project provides
3 permitted retail, restaurant, and office space in a new structure; 2) the building
is designed in a manner that compliments nearby residential uses by
4 incorporating many of the same architectural elements found in residential
projects; and 3) the project consists of an individual building set back from the
street and surrounded by an abundance of landscaping.
6
c. Adequate parking is available within the Village to accommodate the project's
7 parking demands. Based on the most recent parking study dated in February of
2007, the average occupancy for all public parking lots is 81%. This utilization
ratio allows for continued implementation of the parking in-lieu fee program
p because it is less than the 85% threshold for maximum utilization set by the
Housing and Redevelopment Commission.
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d. The In-Lieu Fee Program has not been suspended or terminated by the Housing
and Redevelopment Commission.
12 GENERAL CONDITIONS:
13
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
14 building permits.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained over time, if any such conditions fail to be so implemented
17 and maintained according to their terms, the City/Agency shall have the right to revoke or
modify all approvals herein granted; deny or further condition issuance of all future
building permits; deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
20 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
21 Permit.
22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
23 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.
24 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
25 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.
27
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
DRB RESO NO. 322 -7-
challenged, this approval shall be suspended as provided in Government Code Section
2 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
3 without the condition complies with all requirements of law.
4 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
members, officers, employees, agents, and representatives, from and against any and all
6 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
7 approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or
issuance of any, permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
9 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
10 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.
12 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
13 conditions approved by the final decision making body.
14 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.
16
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
17 Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.18
j9 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
20 Plan prior to the issuance of building permits.
10. Approval is granted for Major Redevelopment Permit RP 06-03 as shown on Exhibits
22 A-I, dated March 29, 2007, on file in the Housing and Redevelopment Department and
incorporated herein by reference. Development shall occur substantially as shown unless
23 otherwise noted in these conditions.
24 11. This approval is granted subject to the approval of Coastal Development Permit (CDP
2 XT 06-09) and is subject to all conditions contained in Design Review Board Resolution
No. 323 for those other approvals incorporated herein by reference.
26
12. This approval shall become null and void if building permits are not issued for this
27 project within 24 months from the date of project approval.
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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.
4
5 HOUSING CONDITIONS:
6 14. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
7 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.
9
LANDSCAPE CONDITIONS:
10 .
15. The Developer shall submit and obtain Planning Director approval of a Final Landscape
* 1 and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
12 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
13 healthy and thriving condition, free from weeds, trash, and debris.
14 16. 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.
16
17. Developer shall pay a landscape plan check and inspection fee as required by Section
17 20:08.050 of the Carlsbad Municipal Code.
18 MISCELLANEOUS CONDITIONS:
19 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
20 #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
21 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
22 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
23 approval will not be consistent with the General Plan and shall become void.
24 19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
26 Directors of Community Development and/or Housing and Redevelopment.
27 20. 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
28 recreational facilities.
DRB RESO NO. 322 -9-
1
2 NOTICING CONDITIONS:
3 21. 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
4 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. 322 on the real property owned by the Developer. Said Notice
6 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
7 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
9 successor in interest.
10 QN-SITE CONDITIONS:
22. The developer shall construct trash receptacle and recycling areas as shown on the site
12 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
13 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or
materials of the project and subject to the satisfaction of the Housing & Redevelopment
14 * Director.
23. No outdoor storage of material shall occur onsite unless required by the Fire Chief.
16 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
17 comply with the approved plan.
18 24. The developer shall .submit and obtain Housing & Redevelopment Director approval of
19 an exterior lighting plan including parking areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
20
25. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
22 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
23
26. Prior to issuance of the building permit, the Developer shall enter into a Parking In-
24 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for
25 63 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
26 needed to satisfy the commercial/retail component of the project's parking
requirement (63 spaces total). The Executive Director of the Carlsbad
27 Redevelopment Agency is authorized to prepare and execute the subject Parking-In-
Lieu Fee Participation Agreement on behalf of the Agency & Commission, subject
to approval of the City Attorney serving as Legal Counsel to the Agency and
DRB RESO NO. 322 -10-
Commission.
2 27. The project shall have a master cable television hookup. Individual antennas shall
3 not be permitted.
28. There shall be separate utility systems for each unit.
5 ENGINEERING CONDITIONS:
6
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Redevelopment Permit (RP), must be met prior to approval of a
grading or building permit, which ever occurs first.
General
29. Prior to the issuance of a grading permit or building permit(s)r which ever occurs first, the
developer shall complete processing of a lot line adjustment between to consolidate
Parcels A, B & C as shown on the development site plan.
12 30. 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.
14 31. Unless specifically allowed, no variance from City Standards is authorized by virtue
15 of approval of this development site plan.
16 32. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
private improvements including, but not limited to permanent post-construction
BMP(s) and storm drain facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
19 subdivision.
2Q Fees/Agreements
33. Developer shall cause property owner to process, execute and submit to the City Engineer
for recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
22 34. Developer shall cause property owner to execute and submit to the City Engineer for
23 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property and flows to be pumped to the Public Right-
24 of-Way of Roosevelt Street.
25 35. Developer shall cause property owner to execute and submit to the City Engineer
26 for recordation a City standard Best Management Practice (BMP) Maintenance
Agreement for the perpetual maintenance of all treatment control and applicable
27 site design and source control, post-construction permanent BMP's prior to the
issuance of a grading permit, building permit or recordation of a map, whichever
occurs first for this Project.
DRB RESO NO. 322 -11-
Grading
2 36. This project may require off site grading for the construction of proposed foundations
adjacent to the property lines. No grading for private improvements shall occur outside
3 the limits of this approval unless Developer obtains records and submits a recorded copy
4 to the City Engineer a grading or slope easement, or executed agreement from the owners
of the affected properties. If Developer is unable to obtain the recorded grading or slope
5 easement, or agreement, no grading permit will be issued, hi that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
6 will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
g 37. Based upon a review of the proposed grading and the grading quantities shown on the
development site plan, a grading permit for this project is required according to Chapter
9 15.16 of the Carlsbad Municipal Code. Developer shall apply for and obtain a grading
permit from the City Engineer prior to issuance of a building permit.
11 38. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
12 pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to the maximum extent
13 practicable (MEP) prior to discharge from the property. Plans for such improvements
14 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:
15 a. All owners and tenants shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste
products.
17 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
\ g solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be
discharged into any street, public or private, or into storm drain or storm water
19 conveyance systems. Use and disposal of pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments shall meet Federal, State,20 County and City requirements as prescribed in their respective containers.
21 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
22 when planning any changes to the landscaping and surface improvements.
39. Prior to the issuance of grading permit or building permit, whichever occurs first,
23 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)"
24 report, prepared by a civil engineer with current registration in the state of
California. The SWMP shall demonstrate compliance with the City of Carlsbad Standard
25 Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego
Region of the California Regional Water Quality Control Board (RWQCB) and City of
26 Carlsbad Municipal Code, or any subsequent revisions as adopted by the City or
27 RWQCB. The SWMP shall include measures to avoid contact, filter, or otherwise treat
said pollutants from storm water, to the maximum extent practicable, for the post-
28 construction stage of the project in perpetuity. At a minimum, the SWMP shall:
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a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies that
-, could be impacted by this project;
4 c. recommend site design, source control and treatment control Best Management
Practices (BMP's) that will be implemented with this project to avoid contact, filter,
5 or otherwise treat said pollutants from storm water to the maximum extent
practicable before discharging offsite;
6
d. establish specific operation and maintenance procedures for for all applicable site
^ design, source control and treatment control BMP's in addition to handling spills
o and routine clean up. Special considerations and effort shall be applied to employee
education on the proper procedures for handling clean up and disposal of pollutants;
9 e. propose a city approved mechanism to ensure long-term maintenance of all post
10 construction BMP's that includes maintenance and operation records that are required
to be maintained for a minimum of five (5) consecutive years, in perpetuity; and
11
f. identify how post-development runoff rates and velocities from the site will not
12 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
Dedications/Improvements
40. Additional drainage easements may be required. Developer shall dedicate and provide or
15 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.16
17 41. Prior to issuance of building permits Developer shall restore sidewalks along all public
streets abutting the development site in conformance with City of Carlsbad Standards in
18 areas disturbed by proposed improvements.
42. Prior to building permit Developer shall replace the existing electrical box lid within
2Q the sidewalk along the southeast project frontage on Roosevelt Street to current
standards, with a slip resistant lid to the satisfaction of the City Engineer.
21
43. Based upon a review of the proposed improvements on the development site plan, a
22 Right-of-Way (ROW) permit for this project is required for the installation of 2
»,. sidewalk underdrains and sidewalk restoration. Developer shall apply for and
obtain a ROW permit from the City Engineer prior to issuance of a building permit.
24 Utilities
25 44. The Developer shall provide separate potable water meters for each separately owned
unit. The locations of said services shall be reflected on public improvement plans.
26
45. Prior to approval of improvement plans , Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows, fire hydrant locations, building
28 sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
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considered public improvements and shall be served by public water mains to the
2 satisfaction of the District Engineer.
3 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
4 determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the site plan.
5 47. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the development site plan to the satisfaction of the
7 District Engineer.
o 48. Note(s) to the following effect(s) shall be placed as non-mapping data:
9 All improvements are privately owned and are to be privately maintained with the
exception of the following:
10
a. Public storm drain11
b. Sidewalk12 *49. The owner of this property on behalf of itself and all of its successors in interest has
13 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
14 subsequent damage that may occur on, or adjacent to, this subdivision due to its
1 _ construction, operation or maintenance.
16 50. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
Special Conditions . '
18 51. This approval is based upon the understanding that subdivision of the subject
property is not planned or anticipated. Should the property be subsequently
subdivided and made available for separate ownership, Developer shall install
20 separate water services and meters for each unit available for separate ownership,
subject to the approval of the City Engineer.
21 •._'-.
52. Prior to building permit Developer shall replace the existing electrical box lid within
22 the sidewalk along the southerly project frontage on Roosevelt Street to current
-T standards, with a slip resistant lid to the satisfaction of the City Engineer.
24 53. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the development site plan are for planning purposes only. Developer shall pay traffic
25 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
,. . Carlsbad Municipal Code, respectively.26
Code Reminder
27 54. Developer shall comply with all applicable provisions of federal, state, and local laws and
2g regulations in effect at the time building permits are issued, including but not limited to
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the following:
2 a. All Development within Local Facilities Management Plan (LFMP) Zone 1 shall
conform to the provisions of Section 21.90 of the City of Carlsbad Municipal Code
and to all applicable provisions of the LFMP.
4 b. Developer shall exercise special care during the construction phase of this project to
r prevent offsite siltation. Planting and erosion control shall be provided in accordance with
Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of
6 the City Engineer.
7 FIRE CONDITIONS:
8
55. The proposed under story parking garage shall be sprinkled.
9
56. Fire Department approved key entry systems shall be provided at all points of entry
into the building from the public right of way.
11
57. Addressing scheme shall be approved by Building and Fire Department.
12
58. Fire sprinkler protections shall include all combustible space, NFPA 13 Standard.
14 STANDARD CODE REMINDERS:
15 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
16
Fees17
18 59. 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.
19
60. The developer shall pay a landscape plan check and inspection fee as required by Section
20 20.080.050 of the Carlsbad Municipal Code.
21 _General
22
61. Approval of this request shall not excuse compliance with all applicable sections of the
23 Zoning Ordinance and all other applicable City Ordinances in effect at the time of
building permit issuance, except as otherwise specifically provided herein.
25 62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
26
63. 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
28
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Redevelopment Master Plan and Design Manual and shall require review and approval
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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 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 29th day of March, 2007 by the following vote to
wit:
AYES: BAKER, HAMILTON, LAWSON AND WHITTON
NOES: NONE
ABSENT: SCHUMACHER
ABSTAIN: NONE
)NY LAWSON, CHAIRPERSON
DESIGT/REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 322 -17-