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HomeMy WebLinkAbout2008-06-02; Design Review Board; Resolution 330DESIGN REVIEW BOARD RESOLUTION NO. 330 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE 3 TRACT MAP NUMBER CT 07-11 FOR THE CONSTRUCTION OF A MIXED- USE DEVELOPMENT PROJECT CONSISTING OF 39 HOTEL ROOMS, 4 TWELVE (12) CONDOMINIUM UNITS AND 2,815 SQUARE FEET OF RESTAURANT SPACE ON THE PROPERTY LOCATED AT 3100 AND 3150 5 OCEAN STREET IN LAND USE DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT 6 ZONE1. CASE NAME: LUMIERE CARLSBAD VILLAGE HOTEL 7 CASE NO.: CT 07-11 8 WHEREAS, Bob Ladwig, "Applicant", has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by KB Carlsbad Investors, LLC and Thomas M. Funke "Owner", described as Assessor Parcel Number 203-250-21 and 203-250-22 and more thoroughly described in Attachment A 12 ("the Property"); and 13 WHEREAS, said verified application constitutes a request for a Tentative Tract 14 Map as shown on Exhibit(s) "A-R" dated June 2, 2008, on file in the Housing and 15 Redevelopment Department as "Lumiere Carlsbad Village Hotel RP 07-14/CDP 07-25/CT 07-16 11", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did, on the 2nd day of June, 2008, hold a 19 duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of persons desiring to be heard, said Board considered all factors 22 relating to the Tentative Tract Map. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 24 of the City of Carlsbad as follows: 25 A) That the foregoing recitations are true and correct. 26 B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Lumiere Carlsbad Village Hotel 11, based on the following findings and subject to the following conditions: 28 Findings: 2 That the proposed map and the proposed design and improvement of the subdivision as ., conditioned, is consistent with and satisfies all requirements of the General Plan, the Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles 4 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems. 2. That the proposed project is compatible with the surrounding future land uses since 6 surrounding properties are located within Land Use District 9 of the Village Redevelopment Area and the intent of the Village Master Plan is to accommodate 7 a wide mix of uses in this district with an emphasis upon facilities, goods and services to tourists and regional visitors traveling along the coast. 8 3. That the site is physically suitable for the type and density of the development since the 9 site is adequate in size and shape to accommodate residential development at the density proposed, in that the development is consistent with the RH density designation which has been assigned to the property based on the following findings: 12 a- The density is compatible with the surrounding area, which contains a variety of uses including multi-family residential, single-family residential, 13 commercial and hotel. Application of the RH General Plan designation on the subject property would allow for future high density residential mixed- 14 use development, which is permitted in District 9, and would be compatible with the mixture of surrounding uses. 15 b. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The high density designation allows for future development that would be consistent the goals and objectives of the Redevelopment Master Plan. 19 c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 9 by increasing the number of residential units in close 20 proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). High residential densities in close proximity to mixed- 21 use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic 22 congestion and improved air quality. 23 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the property has frontage on Oak Avenue and Ocean Street and there are no easements granting access through the property to others. 26 5. That the property is not subject to a contract entered into pursuant to the Land 27 Conservation Act of 1965 (Williamson Act). 28 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. DRB RESO NO. 330 -2- 7. That the Design Review Board has considered, in connection with the housing 2 proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and 3 environmental resources. 4 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 5 habitat, in 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 6 is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 7 Guidelines as an infill development project. Therefore, the Design Review Board finds that there is no substantial evidence the project will have a significant effect ° on the environment. 9 9. That the discharge of waste from the subdivision will not result in violation of existing JQ California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant 11 Discharge Elimination System (NPDES) permit. 12 10. The Design Review Board finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, the Village Redevelopment 13 Plan and Village Master Plan and Design Guidelines based on the facts set forth in the staff report dated June 2, 2008 including, but not limited to the following: the 14 project will provide for a permitted mixed-use development (multi-family, hotel, and restaurant) in an appropriate location within Land Use District 9 of the Village Redevelopment Area. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the , 7 applicable local facilities management plan, and all City public facility policies and ordinances since: 18 a. The project has been conditioned to ensure that building permits will not be 19 issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer 20. service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been 21 met insofar as they apply to sewer service for this project. 22 b. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. 23 c. Park-in-lieu fees are required as a condition of approval. 24 d. All necessary public improvements have been provided or are required as 25 conditions of approval. 26 9. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment 27 of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.28 DRB RESO NO. 330 -3- 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to T Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 4 13. This project has been conditioned to comply with any requirement approved as part of 5 the Local Facilities Management Plan for Zone 1. 6 Conditions: 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or the issuance of building permits, whichever occurs first. 8 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 9 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City 10 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 11 certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in 13 interest by the City's approval of this Major Redevelopment Permit and Tentative Tract Map. 14 2. Staff is authorized and directed to make, or require the Developer to make, all 15 corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. 16 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this 17 approval. 18 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 19 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 66020. If any such condition is determined to be invalid this approval shall be 22 invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 23 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 24 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and 25 all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's 26 approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with 27 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 28 from the emission by the facility of electromagnetic fields or other energy waves or emissions. DRB RESO NO. 330 -4- 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the 2 (Tentative Map/Site Plan) reflecting the conditions approved by the final decision making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 4 Director from the School District that this project has satisfied its obligation to provide school facilities. 5 8. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7 9. Building permits will not be issued for this project unless the local agency providing 8 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at 9 the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 10 shall be placed on the Final Map. Engineering Conditions: 12 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the 13 approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 14 General: 15 1. Prior to hauling dirt or construction materials to or from any proposed construction site 16 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. This approval is subject to the approval and conditions of RP 07-14 and CDP 07-25. 18 3. 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 19 the private improvements (e.g. streets, sidewalks, street lights, permanent BMPs, LID, street trees and storm drain facilities, etc.) located therein and to distribute the costs of 20 such maintenance in an equitable manner among the owners of the properties within the subdivision. 4. Developer shall install sight distance corridors at all street intersections and driveways in 22 . accordance with City Engineering Standards. 23 Fees/Agreements: 24 5. Developer shall cause property owner to execute and submit to the City Engineer for 25 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 6. Developer shall cause property owner to execute and submit to the City Engineer for 2^ recordation the City's standard form Drainage Hold Harmless Agreement. 27 7. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Street Tree Maintenance Agreement. 28 8. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City on a City Standard form for the future public improvement of DRB RESO NO. 330 -5- 1 Ocean Street along the subdivision frontage for a half street width. Public improvements shall include but are not limited to (paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, -, fire hydrants, street lights, pedestrian ramp, retaining walls and reclaimed water). 9. Prior to approval of any grading or building permits for this project, Developer shall 4 cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street 5 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 6 form provided by the City Engineer. 7 Grading: 8 10. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and 9 obtain a grading permit from the City Engineer prior to issuance of a building permit. IQ 11. Developer shall obtain Geotechnical recommendations and approval for proposed Drainage and SWMP systems shown on the site plan to avoid significant impacts to adjacent existing structures. 12. Prior to the issuance of a grading permit or building permit, whichever occurs first, the Developer shall complete a Project Threat Assessment Form as required per Volume 4, Section 3 of the Carlsbad Engineering Standards and submit the appropiate Tier level Storm Water Compliance Form and Storm Water Pollution 14 Prevention Plan (SWPPP) as determined by the completed Project Threat Assessment Form to the satisfaction of the City Engineer. 15 13. 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 Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 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- 19 construction stage of the project. At a minimum, the SWMP shall: 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. c. Incorporate Low Impact Development (LID) in the project design. 22 d. 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 23 extent practicable before discharging offsite; Establish specific procedures for handling spills and routine cleanup. Special 24 considerations and effort shall be applied to resident/employee education on the proper procedures for handling cleanup and disposal of pollutants. 25 f. Ensure long-term maintenance of all post-construction BMPs in perpetuity. g. Identify how post-construction runoff rates and velocities from the site will not 26 exceed the pre-construction runoff rates and velocities to the maximum extent practicable. 27 14. Developer shall cause property owner to process, execute and submit an executed copy 28 to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all DRB RESO NO. 330 -6- * treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project. 3 Dedications/Improvements 4 15. Developer shall cause Owner to dedicate to the City additional public pedestrian access easement along Ocean Street and Oak Avenue as shown on the tentative ^ map. The offer shall be made by a certificate on the final map. All land so offered shall , be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 7 16. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or 8 concurrent with any grading or building permit. 9 17. Developer shall provide the design of proposed drainage and SWMP system shown on the Tentative Parcel Map in accordance with City standards and to the 10 satisfaction of the City Engineer. 18. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on 12 the (tentative map/site plan). These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and 13 grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, best management practices for 14 stormwater treatment, retaining walls and reclaimed water. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, 15 these improvements include: a) Improvements to Ocean Street as shown on the tentative map per City Standards to the satisfaction of City engineer. b) Full-frontage Improvements to Oak Avenue per City Standards including I g necessary pavement transitions as shown on the tentative map. 19 c) Public Storm Drain system as shown on the tentative map. 20 d) Potable water services as shown on the tentative map. 21 (A list of the above shall be placed on an additional map sheet on the (FINAL/PARCEL) Map per the provisions of Sections 66434.2 of the Subdivision 22 Map Act). Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 74 19. Developer shall post security for the design and construction of said improvements. The 25 Agreement shall be kept in force and security kept valid for a period of 5-years after the last building permit has been issued within this Development. 26 Final Map Notes 27 Add the following notes to the final map as non-mapping data. 20. All improvements are privately owned and are to be privately maintained with the 28 exception of the following: 21. Improvements to Ocean Street as shown on the tentative map per City DRB RESO NO. 330 -7- Standards to the satisfaction of City engineer. 2 22. Full-frontage Improvements to Oak Avenue per City Standards including 3 necessary pavement transitions as shown on the tentative map. 4 23. Public Storm Drain system as shown on the tentative map. 5 24. Potable water services as shown on the tentative map. 6 25. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 26. Geotechnical Caution: ^ a) The owner of this property on behalf of itself and all of its successors in interest has 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 -n subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 27. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to 12 encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. 13 Utilities 14 28. 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 ,x considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 17 29. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities.18 30. The Developer shall install potable water services and meters at locations approved by 19 the District Engineer. The locations of said services shall be reflected on public improvement plans. 20 31. The Developer shall install potable water services and meters at a location approved by the City Engineer. The locations of said services shall be reflected on either new public improvement plans or via a revision to an existing improvement plan subject to City 22 processes and fees. 32. The Developer shall install sewer laterals and clean-outs at locations approved by the 23 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 24 33. The Developer shall design and construct public water and sewer, facilities substantially 25 as shown on the tentative map to the satisfaction of the District Engineer. 34. The design and operation of the proposed water system shall comply with the following:26 a) Sub-meters may be installed for portions of this project. The sub-meters shall be 27 privately owned and maintained by the Property Owners Association (POA) or Operator of this facility. It shall be the responsibility of the POA/Operator to 28 apportion the water bill to the separate sub-metered ownership within each building served by a City water meter. DRB RESO NO. 330 -8- * b) Prior to issuance of building permits for this project, the owner shall create an impound account to be funded with an amount equal to an estimated three months of water bill payments for the entire project. c) Owners and tenants of the units shall be notified that the City may shutoff water 4 service to the entire building if adequate payment of the water bill is not made. 5 d) The project CC&R's shall include wording satisfactory to the City Engineer relating to the provisions of conditions a), b) and c) above. The CC&Rs shall also include 6 language stating that the CC&R provisions related to water meters cannot be changed without the approval of the City Engineer. 7 35. Developer shall evaluate in detail the entire potable water, recycled water, and sewer 8 system to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer.9 36. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, IQ 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 11 be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 12 37. The Developer shall submit a detailed potable water study, prepared by a Registered 13 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 14 sizes. 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. Special Conditions16 1. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 17 the tentative map 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 Code, respectively. 19 Carlsbad Municipal Water District 20 2. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 21 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 22 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 23 3. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 24 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 25 4. The Developer shall install potable water services and meters at a location approved by 26 the District Engineer. The locations of said services shall be reflected on public improvement plans. 5. 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 improvement plans. DRB RESO NO. 330 -9- 1 6. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the District 3 Engineer. Proposed public facilities shall be reflected on public improvement plans. 4 7. The Developer shall provide separate potable water meters for each separately owned unit. 5 Standard Code Reminders: 6 8. This approval shall expire twenty-four (24) months from the date this tentative map 7 approval becomes final unless extended per section 20.12.100 of the Carlsbad Municpal Code. 9. This approval is granted subject to the approval of RP 07-14 and CDP 07-25 and is 9 subject to all conditions contained in Design Review Board Resolution No. 328 and 329 for those other approvals and incorporated by reference herein. 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 11. Some improvements shown on the tentative parcel map and/or required by these 14 conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of 15 title or interest. 16 12. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact 17 and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 330 -10- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 3 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 4 You have 90 days from the date of final approval to protest imposition of these fees/exactions. 5 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 6 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 7 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 I Q 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 j I expired. 12 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of 13 the City of Carlsbad, California, held on the 2nd day of June, 2008, by the following vote to wit: 14 AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON 15 NOES: NONE ABSENT: NONE 16 ABSTAIN: NONE 17 18 IQNY LAV/SON, CHAIRPERSON iy DESIGN^EVIEW BOARD 20 ATTEST: 21 22 DEBBIE FOUNTAIN 23 HOUSING AND REDEVELOPMENT DIRECTOR 24 25 26 27 28 DRBRESONO. 330 -11-