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Home My WebLink About2008-10-15; Planning Commission; ; SDP 05-07X1 - ACACIA ESTATES (2)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 15, 2008 Application complete date: July 22, 2008 Project Planner: Chris Sexton Project Engineer: David Rick SUBJECT: SDP 05-07X1 - ACACIA ESTATES - Request for extension of a Site Development Plan to allow the construction of four (4) attached residential air- space condominiums on a 0.32-acre site at 155 and 163 Acacia Avenue between Carlsbad Boulevard and Garfield Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6482 APPROVING a retroactive extension of SDP 05-07x1 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant has requested a one-year time extension of Site Development Plan SDP 05-07 to construct four (4) attached residential air-space condominiums on a 0.32-acre site. Associated with the Site Development Plan are a Minor Subdivision (MS 05-09), a Coastal Development Permit (CDP 05-18), and a Condominium Permit (CP 05-07). The applicant has begun those actions required to obtain the final map for this project in that final map and grading plans have been submitted and are under review by the City. This requested extension would allow the owner to preserve existing property entitlements while continuing to process final plans and seek financing. III. PROJECT DESCRIPTION AND BACKGROUND The 0.32-acre site is located on the south side of Acacia Avenue between Carlsbad Boulevard and Garfield Street. The site has a Residential High Density (RH) General Plan land use designation and is zoned Multiple-Family Residential (R-3). A Site Development Plan (SDP) is required since the project is located in the Beach Area Overlay Zone (BAOZ) and has fewer than five units. The existing site is presently developed with a single-family residence and a detached garage and consists of two separate legal lots, each approximately 50 feet wide and 140 feet deep. On June 21, 2006, the Planning Commission conducted a public hearing for the project. Staff recommended approval, finding the project consistent with the General Plan, Zoning Ordinance, BAOZ, and the Local Coastal Program. The Commission approved the Site Development Plan and Coastal Development Permit, and those approvals expired June 20, 2008. However, the applicant timely filed for an extension of the project prior to expiration; therefore, the extension request can be considered. The Minor Subdivision for this project was also approved SDP 05-07x1 - ACACIA ESTATES October 15,2008 Page 2 administratively on July 6, 2006, and has been extended by the City Engineer until July 5, 2009. Further, although approved by the Commission, the project's Coastal Development Permit may be extended by the Planning Director per Municipal Code Section 21.201.210. In July 2008, the State of California passed SB 1185, which automatically grants a one year extension to subdivision maps that had not expired as of July 15, 2008, and which will expire before January 1, 2011. Because the City Engineer recently approved a one year time extension for the project's Minor Subdivision until July 5, 2009, it is eligible for this additional extension. The map's new expiration therefore is July 5, 2010. Background on SB 1185 and its affect on the project's subdivision map are relevant to the extension of the subject SDP as well as the other project permits. This past August, the City Council passed an ordinance establishing that all land use permits related to a subdivision shall expire concurrently with the subdivision approval as extended by SB 1185. Accordingly, staff recommends that the Planning Commission approve the requested one (1) year extension granted retroactively from June 21, 2008, which when combined with the state extension will result in a new expiration date of July 5, 2010. The Condominium Permit CP 05- 07 and the Coastal Development Permit CDP 05-18 will be similarly extended by the Planning Director per Sections 21.45.120 and 21.201.210 of the City of Carlsbad Municipal Code if the Planning Commission approves the Site Development Plan extension request. IV. ANALYSIS The project remains in compliance with current codes, policies and Growth Management Ordinance requirements as conditioned. Except as noted below, the original conditions of approval contained within Planning Commission Resolution No. 6103 have been incorporated by reference into replacement Planning Commission Resolution No. 6482 for the project. In Planning Commission Resolution No. 6482, Planning conditions numbers 8 and 12 have been modified from the original conditions to reflect new expiration dates and to clarify that the Site Development Plan expires concurrently with the Minor Subdivision. Also, new Planning condition number 10 requires the property owner to record a notice on the property that a Site Development Plan extension has been approved on the site. Additionally, staff has made other minor changes to conditions to reference the extension of the Site Development Plan and to note the extension is subject to approval of extensions for the other project permits. V. ENVIRONMENTAL REVIEW The Planning Director determined that the extension of an approved Site Development Plan for the Acacia Estates project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment. Therefore, the project is categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 - In-fill Development Projects. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the Guidelines do not apply to this project. SDP 05-07x1 - ACACIA ESTATES October 15, 2008 Page 3 ATTACHMENTS; 1. Planning Commission Resolution No. 6482 2. Location Map 3. Letter requesting extension 4. Letter explaining reason for extension request 5. Disclosure Statement 6. Background Data Sheet 7. Local Facilities Impact Form 8. Planning Commission Resolution No. 6103 9. Reduced Exhibits "A" to "J" dated June 21, 2006 SITEMAP NOT TO SCALE Acacia Estates SDP 05-07x1 ACACIA ESTATES, LLC 163 Acacia St. Carlsbad, Ca. 92008 June 20, 2008 To: City of Carlsbad, Engineering Department Re: Extension of building plans To Whom it May Concern: We would like to extend the miner sub #MS05-09 plans for one year. Sincerely, )avid Eggebrecht Acacia Estates, LLC RECEIVED JUN 2 0 2008 CITY OF CARLSBAD PLANNING DEPT LSBAD EPT * frank j. uuilkinson DDb IN', *bteven n. me nicholasr> D IL> M ^ . INC 0, werksmanDOS lars bjorn jonssonr>r.>s IN< nscooi vm.cNf.iM SIJIK 3 ina.iNniin.is ai¥263; (V-iy) L'Hi 8890 fi'lX (V4V1 i- September 11, 2008 To Whom It May Concern: I am requesting an extension for the Acacia Estates project located at 155 and 163 Acacia Avenue in Carlsbad. We have had difficulty acquiring financing in light of the problems associated with the mortgage market. We are attempting to get a commitment but do not currently have one. We hope to secure the necessary funding and commence the project within the next year. Thank you for yoirfjZan*ideration. Frank J. Wilkinson Partner, Acacia Estates, L.L.C. BOWD 01 f.Ni»ux>NiiCi 2/2'd BS0T 209 09A:Q1 800S-iT-d3S City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: f' > -•" ~ >' v H i Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate^ trust, receiver, syndicate, in this and any other county," city apd county, city municipality, district or other political subdivision or any other group or combination acting as a unit.", Agents may, sign this document; however, the legal name and entity of the applicant and property owner must be provided below. ^ . ' 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) , /} I L I /T /^f^l /TATPerson IJo.^ /d fc ati? t^ect, y Qui ui*Purt frc* *?// L/ Title ^ Address #'//s (Not the owner's* agent) / ' Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership- interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person /|/> /tfv / / su..•€..// Corp/Part Title Title Address Q £"D <Sr 1635 Faraday Avenue « Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SEP-10-2008 14:16 FROM:WMWENDO 9495813902 TO:760 602 1052 SEP-10-2008 WED 01:48 PM CARLSBAD ENGINEERING FAX NO. 760 602 1052 '. dhr'S Cl-H^ p.1/1 P, 01 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above Is a nonprofit organization of aJrust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of trie. Non ProfHTrust Non PnofitnVust TitteL Title Address Address.. Have you had more than $soo worth of business transacted with any. member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yea No If yes, please indicate person^);, NOTE: Attach additional sheets if necessary. I certitathat all the above information is true and correct to |^ best of my knowledge Signature of owneir/date Print or type name of applicant Signattire of flwner/applicanfs agent if appPcabte/date Print or type name of owner/applicant's agent or V '0< Page 2 of 2 BACKGROUND DATA SHEET CASE NO: SDP 05-07x1 CASE NAME: ACACIA ESTATES APPLICANT: Frank Wilkinson REQUEST AND LOCATION: Request for approval of an extension of a Site Development Plan to demolish a single-family residence and detached garage and construct four (4) attached residential air-space condominiums on a .32 acre site on property generally located on the south side of Acacia Avenue between Carlsbad Boulevard and Garfield Street in Local Facilities Management Zone 1. LEGAL DESCRIPTION: Lots F and H in block 1, of Palisades Heights, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1777, in the Office of the County Recorder of San Diego County , January 11, 1924. APN: 204-231-06.08 Acres: .32 Proposed No. of Lots/Units: 1 lot/4 units GENERAL PLAN AND ZONING Existing Land Use Designation: Residential High (RH) Proposed Land Use Designation: N/A Density Allowed: 15-23 du/ac Density Proposed: 12.5 du/ac (4 units) Existing Zone: Multiple-Family Residential (R-3) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-3 RH Single-family North R-3 RH Multi-family South R-3 RH Multi-family East R-3 RH Single-family West R-3 RH Multi-family LOCAL COASTAL PROGRAM Coastal Zone: ^ Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: [X] Yes I I No Local Coastal Program Amendment: I I Yes [XI No Existing LCP Land Use Designation: RH Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-3 Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 4 EDUs ENVIRONMENTAL IMPACT ASSESSMENT [3 Categorical Exemption, Section 15332 (In-fill Development Projects) I | Negative Declaration, issued I I Certified Environmental Impact Report, dated_ D Other,_ Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Acacia Estates - SDP 05-07x1 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: Residential High (RH) ZONING: R-3 DEVELOPER'S NAME: Frank Wilkinson ADDRESS: 25261 Paseo del Valencia, Suite 3, Laguna Hills CA 92637 PHONE NO.: 949-581-8890 ASSESSOR'S PARCEL NO.: 204-231-06,08 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .32 acres ESTIMATED COMPLETION DATE: As soon as possible. A. City Administrative Facilities: Demand in Square Footage = 13.91 B. Library: Demand in Square Footage = 7.42 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 4 EDU D. Park: Demand in Acreage = .03 E. Drainage: Demand in CFS = 2.3 CFS Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 32 APT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = j H. Open Space: Acreage Provided = 0_ I. Schools: E=.359/M=.159/HS=.197 (Demands to be determined by staff) J. Sewer: Demands in EDU 4 EDU Identify Sub Basin = JH (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 880 L. The project is 2.08 units below the Growth Management Dwelling unit allowance. 1 PLANNING COMMISSION RESOLUTION NO. 6103 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN SDP 05-07 TO DEMOLISH AN 4 EXISTING SINGLE-FAMILY RESIDENCE AND DETACHED 5 GARAGE AND CONSTRUCT FOUR (4) RESIDENTIAL AIR- SPACE CONDOMINIUMS ON A .32 ACRE SITE ON 6 PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ACACIA AVENUE BETWEEN CARLSBAD BOULEVARD 7 AND GARFELD STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ACACIA ESTATES 9 CASE NO.: SDP 05-07 10 WHEREAS, Frank Wilkinson, "Applicant," has filed a verified application with * 1 the City of Carlsbad regarding property owned by Acacia Estates, LLC, "Owner," described as 12 Lots F and H in block 1, of Palisades Heights, in the City of 13 Carlsbad, County of San Diego, State of California, according to Map thereof No. 1777, in the Office of the County Recorder 14 of San Diego County, January 11,1924 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "J" dated June 21, 2006, on file in the Planning Department, 18 19 ACACIA ESTATES - SDP 05-07 as provided by Chapter 21.06/Section 21.53.120 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 21st day of June 2006 , hold a 22 duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors £J 26 relating to the Site Development Plan. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES ACACIA ESTATES - SDP 05-07 based on the following findings and subject to the following conditions: e Findings; 6 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will 7 not be detrimental to existing uses or to uses specifically permitted in the area in which „ the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project is consistent with the General Plan as discussed 9 in the staff report. The four unit air space condominiums are compatible with surrounding single -and multi-family dwelling units. The project complies with all 10 applicable development standards and the surrounding streets are adequate to accommodate the 32 ADTs generated by the proposed project. 12 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all development standards of the Beach Area Overlay 13 Zone (BAOZ), Residential Multiple-Family Zone (R-3), and Planned Development ordinance, including setbacks, lot coverage, parking, and height restrictions without 14 requiring any variances.. 3. The Planning Commission finds that the project, as conditioned herein, is in 16 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated June 21,2006 including, but not limited to the following: 17 a. Land Use - The project is consistent with the City's General Plan as discussed in the staff report. 19 b. Circulation - The project will take access off of Acacia Avenue. On-site 20 circulation consists of a private driveway, which provides access to a semi- subterranean parking garage designed in accordance with City standards. 21 c. Noise - The project is not located adjacent to any noise source and will have no noise impacts. 23 d. Housing - The project is consistent with the Housing Element of the General 24 Plan as mentioned under the Land Use section above, and the Inclusionary Housing Ordinance as the applicant is proposing to satisfy the inclusionary 25 requirement through the payment of an inclusionary housing in-lieu fee on a per unit basis. The project has been conditioned to pay the fee prior to 2" building permit issuance. 27 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 28 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project complies with all required yards, PCRESONO. 6103 -2- setbacks, wall and fence heights, and will not adversely impact permitted future 2 uses in the neighborhood. 3 5. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system will be adequate to 4 handle the 32 ADT generated by the four-unit condominium project. 6. 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 7 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 8 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 10 a. the project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 1 ")1 b. the Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 14 c. the Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21 .90.050 and will be collected prior to issuance of building permit. 15 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 1 6 Code Section 14.28.020 and Landscape Manual Section I B). 17 8. The Planning Commission finds that the project, as conditioned herein, is in 18 conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated June 21, 2006 including, but not limited to the following: 19 a. Land Use - Land Use - The project is consistent with the City's General Plan even though the proposed density of 12.5 du/ac is not within the density range of 15 - 23 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 12.5 du/ac is 22 below the Growth Management Control Point density (19 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 23 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by 25 developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other 26 projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. PCRESONO.6103 -3- b. Circulation - The project will take access off of Acacia Avenue. On-site 2 circulation consists of a private driveway, which provides access to a semi- subterranean parking garage designed in accordance with City standards. 3 c. Noise - The project is not located adjacent to any noise source and will have 4 no noise impacts 5 d. Housing - The project is consistent with the Housing Element of the General g Plan and the In elusion ary Housing Ordinance as the applicant is proposing to satisfy the inclusionary requirement through the payment of an 7 inclusionary housing in-lieu fee. The project has been conditioned to pay the fee prior to building permit issuance. 8 e. Public Safety - The project is required to provide an automatic fire sprinkler system. 9. That the Planning Director has determined that the project belongs to a class of projects j j that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the 12 preparation of environmental documents pursuant to Section 15332 - In-fill development Projects of the state CEQA Guidelines. In making this determination, the Planning *•* Director has found that the exceptions listed in Section 15300.2 of the state CEQA j4 Guidelines do not apply to this project. 15 10. The Planning Commission 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 16 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. Conditions;lo 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 20 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 21 implemented and maintained according to their terms, the City shall have the right to 22 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 23 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 24 conditions or seek damages for their violation. No vested rights are gained by Developer _. or a successor in interest by the City's approval of this Site Development Plan. <£ J 26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them 27 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. PCRESONO. 6103 -4- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 4 challenged, this approval shall be suspended as provided in Government Code Section e 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with 6 all requirements of law. 7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold _ harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 9 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) 10 City'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 and operation of the facility permitted hereby, including 12 without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until 13 all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 16 7. This approval is granted subject to the approval of CDP 05-18 and is subject to all 17 conditions contained in Planning Commission Resolution No. 6104 for those other approvals incorporated herein by reference.18 19 8. This approval is granted subject to the approval of MS 05-09 and CP 05-07 and is subject to all conditions contained in the administrative approval documents for those 20 other approvals incorporated herein by reference. 21 9. At issuance of building permits, or prior to the approval of a final map and/or issuance of 22 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as 23 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. 24 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 26 obligation to provide school facilities. 27 11. 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. PCRESONO. 6103 -5- 12. Building permits will not be issued for this project unless the local agency providing 2 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 3 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 shall be placed on the Final Map. 13. Approval is granted for Site Development Plan as shown on Exhibits "A" - "J" dated 6 June 21, 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 9 #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 10 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 12 approval will not be consistent with the General Plan and shall become void. 13 15. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the .. City of Carlsbad has issued a Site Development Plan and Coastal Development Permit by Resolutions No. 6103 and 6104 on the property. Said Notice of Restriction shall note 16 the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in 17 the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 19 16. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 20 the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. 22 17. Developer shall post a sign in the sales office in a prominent location that discloses which 23 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 24 18. Developer shall construct and install all landscaping as shown on the approved Conceptual Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 27 19. 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. 28 PCRESONO. 6103 -6- 20. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.4 ^ 21. 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 6 project's building, improvement, and grading plans. 7 22. Modification to the proposed project includes the deletion of the three (3) proposed R vertical ADA compliant lifts located on the west elevation. The proposed vertical lifts are not a requirement of this condominium project and the applicant chooses not to 9 include them as part of this proposal at this time. 10 Fire; 23. Include under Building Data the construction type and the sprinklers proposed. All 12 dwelling units shall be fire sprinkled. However, it must be determined whether or not the applicant wants to have individual systems or a common (preferred) system for this 13 project, which will include the U/G garage. Either option will affect the utility plan and require either an easement drawn for the DCDA or indicate a different sized water meter. 14 24. The applicant shall select a suitable location for the fire sprinkler riser using the follow information: 1) accessible from the exterior through a full height door; 2) may be in 16 another utility space; and 3) must allow at least 18 inches of clear space around the riser pipe and all appurtenances. 17 Code Reminders:is —:— 19 25. 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. 20 26. Developer shall pay a landscape plan check and inspection fee as required by Section 21 20.08.050 of the Carlsbad Municipal Code. 22 27. 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 time of building permit issuance, except as otherwise specifically provided herein. 24 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 25 Code Section 18.04.320. 7fi 29. Any signs proposed for this development shall at a minimum be designed in conformance 27 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 28 PCRESONO. 6103 -7- 1 NOTICE 2 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 4 "fees/exactions." 5 You have 90 days from 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 7 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 g annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning 14 Commission of the City of Carlsbad, California, held on the 21st day of June 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN: 22 23 MARTELL B. MONTffOMERYMairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DONNEU Assistant Planning Director PCRESONO. 6103 -8-