HomeMy WebLinkAbout2710 LOKER AV WEST; ; CB082271; Permit01-06-2009
City of Carlsbad
1635 Faraday Av Carlsbad, CA 92008
Miscellaneous Permit Permit No CB082271
Building Inspection Request Line (760) 602-2725
Job Address
Permit Type
Parcel No
Valuation
Reference #
PC#
Project Title
2710 LOKER AV WEST CBAD
MISC Subtype
2090813100 Lot#
$000
OTHER
0
ATRIUM II AT CARLSBAD OAKS
CONDOMINIUM COMPLIANCE INSPECTION
Applicant
FRANZ-ATRIUM II L P
2710 LOKER AVEW #100
CARLSBAD CA 92010
Status
Applied
Entered By
Plan Approved
issued
Inspect Area
Owner
FRANZ-ATRIUM II L P
2710 LOKER AVEW #100
CARLSBAD CA 92010
ISSUED
12/23/2008
MDP
01/06/2009
01/06/2009
Miscelaneous Fee #1 PERMIT
Miscelaneous Fee #2
Additional Fees
$6500
$000
$000
TOTAL PERMIT FEES $6500
Total Fees $65 00 Total Payments To Date $65 00 Balance Due $000
Inspector
FINAL AP,
Date
PPRGVALm-Clearance
NOTICE Please take NOTICE that approval of your project includes the Imposition of fees, dedications reservations, or other exactions hereafter collectively
referred to as "fees/exactions" You have 90 days from the date this permit was issued to protest imposition of these fe&s/exactions If you protest them, you must
follow the protest procedures 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 bat 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
changes, 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 excired
5.ity of Carlsbad
635 Faraday Ave , Carlsbad. CA 92008
760-602-2717 / 2718 / 2719
Fax 760-602-8558
Building Permit Application
Plan Check No.G&0«
Est. Value
Plan Ck. Deposit
Date
OB ADDRESS 2710 Loker Avenue West
# BEDROOMS
SUITE#/SPACE#/UNIT#
209 - 081 37
TENANT BUSINESS NAME;T/PBOJECT #
C.T. 06-09
lofi |PHASE »
Parcel 1
» OF UNITS
24
» BATHROOMS CONSTR TYPE OCC GROUP
DESCRIPTION OF WORK. Include Square Feet of A;
Compliance inspection per Condition 4 of Res. No. 6336, for C.T. 06-09
EXISTING USE
Multi-tenant Class "A" Off;
CONTACT NAME (If Different Font Applicant)
PROPOSED USE GARAGE (SF)
cc Office Condo.
Pat O'Day
ADDRESS 2710 Loker Avenue West, Suite 100
CITY Carlsbad
PHONE
(760) 931-7700
STATE ZIP
CA 92010
FAX
(760) 931-8680
EMAIL pato@odayconsultants.com
PROPERTY OWNER NAME Atrium II L.P.
ADDRESS
2710 Loker Avenue West. Suite 100
CITY
Carlsbad
PHONE
(760) 931-7700
STATE ZIP
CA 92010
FAX
(760)931-8680
EMAIL
pato@odayconsultants.com
ARCH/ DESIGNER NAME & ADDRESS STATE UC #
PATIOS (SF) DECKS (SF) FIREPL
YESQ
APPLICANT NAME
ACE AIR CONDITIONING
}t NOQ YESOOLTI
Atrium II L.P.
ADDRESS
2710 Loker Avenue West, Suite
CITY Carlsbad
PHONE
(760) 931-7700
STATE ZIP
CA
FIRE SPRINKLERS
YESQNCQ
100
92010
FAX
(760)931-8680
EMAIL
pato@odayconsultants.com
CONTRACTOR BUS NAME
ADDRESS
CITY
PHONE
EMAIL
STATE UC »
STATE ZIP
FAX
CLASS CITY BUS LICK
(Sec 70315 Business and Professions Code Any City or County which requires a permit to construct alter improve demolish or repair any structure prior to its issuance also requires the
applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contractor s License Law (Chapter 9. commending with Section 7000 of Division 3 of theBusiness and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption Any violation of Section 7031 5 by -- ' " '
civil penalty of not more than five hundred dollars ($500))
COMFINSATIOi*
L 5 by any applicant for a permit subjects the applicant to a
Workers' Compensation Declaration ' hereby affirm under penalty of perjury one of the following declarations
LJI have and will maintain a certificate of consent to self insure lor workers' compensation as provided by Section 3700 at the Labor Code for the performance of the *ork for which this permit is issued
1_J I have and will maintain workers' compensation as required by Section 3700 of the Labor Code for the performance of the work for which this permit is issued My workers compensation insurance earner and policy
number are Insurance Co Policy No Expiration Date
This section need not be completed if the permit is for one hundred dollars ({100) or less
I/I Certificate of Exemption I certify that in the performance of the work for which this permit is issued I shall not employ any person in any manner so as to become subject to the Workers Compensation Laws of
California WARNING Failure to secure workers' compensation coverage Is unlawful, and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars (&100.000), in
addition to the cost of compensation, damages as provided for in Section 3706 of the Labor code, intereit and attorney's fees
J& CONTRACTOR SIGNATURE DATE
• mi 0 • * f f C IA • A11 9 fia
i / hereby affirm (hat / am exempt from Contractors License Law for the fo/towing reason
| | [ I as owner of ihe property or my employees with *ages as their sole compensation will do the work and the structure is not intended or offered for sale (Sec 7C44 Business and Professions Code The Contractor s
| License Law does not apply to an owner of property who builds or improves thereon and who does such *ork himseif or through his own employees provided that such improvements are not intended or offered for
| sale If however the building or improvement is sold within one year of completion Ihe owner builder wiU have the burden of proving that he did not build or improve for the purpose of sale)
D
I as owner of (he property am exclusively contracting with licensed contractors to construct the prqect (Sec 7CJ4 Business and Professions Code The Contractors License Law does not apply to an owner of
property *ho builds or improves thereon and contracts for such projects with contractor(s) licensed pursuant to Ihe Contractor's L cense Law)
am exempt under Section _.. __ .Business and Professions Code for this reason
1 I personally plan to provide the mapr labor and matenals for construction of the proposed property improvement C~lYes 1 fro
2 i (have / have not) Signed an application for a building permit 'or the proposed work
3 I have contracted wth the following person (firm) to provide the proposed construction (include name address / phone / contractors license number)
4 i plan to provide portions of the *ork but I have hired the following person to coordinate supervise and provide the major work (include name / address / phone / contractors license rurr.ber)
5 I Mil provide some of the work but I have contracjedjhired) Ihe followinqjiprsons to provide Ihe work indicated (include name' address' phone / type of work)
^PROPERTY OWNER SIGNATURE DATE
12/12/2008 10 25 FAX 7609317700 DDAV CONSULTANTS 0003/003
b the applicant or Mure buMtngnouptrw >eqUi»d to
is the wffcam or Mure bulking
aoutg^ hazanloiB nutm^ ragBfr^
M E]l*>ncupaptrequlra4t«ab^napwntltomlliaairpalull8n(»ntrald^or«|u||^
r boundary of i school ate?
YE* A RNAL CERTIFICATE OF OCCUPANCY MAY NOT BE HBUEDVANYOFTHEANSWEMARI .EMERGENCY SERVICE* AND HE AIR POUUTION CONTROL DISTRICT
IVJNo
UMflW THE APPLICANT HAS MET OR IS
EH
THE REOUIROKXra Of THE OPRCE OF
I hereby affirm that there is afconstrncflon lending agency for the performance of (he work this parmh Is Issued (S«c. 3097 (i) Cml Code)
Lender's Name Lender's Address
thalVieB^lnfc^^
. ____ , _____ „. ___ .C8rl^toertoi^*e*wni«tor^pf(«^
AGAINST AU LIABUTKS.^ Sltem, CO^Arffl BOWISE3 WHICH MAY
I hereby aHhoree reprewnts*
_
EXPIIWT10N:B^|iaMlll»4Sy»wBM«<lrflail(Mutid8r*flp(wUaMd^
1 80 days tan to date of wch p w* or Vta DuHns or wort .MtoteH by w* porrthajgaroMwataKJoned^tiiBa^^
Inspection List
Permit* CB082271 Type MISC OTHER ATRIUM II AT CARLSBAD OAKS
CONDOMINIUM COMPLIANCE INSPECTIO
Date Inspection Item Inspector Act Comments
01/08/2009 92 Compliance Investigation MP Fl FINAL PER MIKE PETERSON
Monday, January 12, 2009 Page 1 of 1
O5- ' i) r C
PLANNING COMMISSION RESOLUTION NO. 6336
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP TO ALLOW THE CONVERSION
3 OF AN EXISTING THREE-STORY OFFICE BUILDING INTO
24 AIRSPACE NONRESIDENTIAL CONDOMINIUMS
4 LOCATED AT 2710 LOKER AVENUE WEST WITHIN LOCAL
, FACILITIES MANAGEMENT ZONE 5
CASE NAME. ATRIUM II OFFICE CONDOS
6 CASE NO CT 06-09
7 WHEREAS, Franz-Atrium II, LP, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
9
Parcel 1 of Parcel Map No. 18720, in the City of Carlsbad,
10 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, June 5, 2001 as file
1 ] No. 2001-0368564 of official records
12 ("the Property"), and
13
WHEREAS, said verified application constitutes a request for a Tentative Tract
14
Map as shown on Exhibits "A" - "F" dated October 17, 2007, on file in the Planning
16 Department, ATRIUMM II OFFICE CONDOS - CT 06-09, as provided by Chapter 20.12 of
17 the Carlsbad Municipal Code, and
18 WHEREAS, the Planning Commission did, on the 17th day of October 2007,
19 hold a 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
7_ and arguments, if any, of persons desiring to be heard, said Commission considered all factors
23 relating to the Tentative Tract Map
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows
26
A) That the foregoing recitations are true and correct
27
B) That based on the evidence presented at the public hearing, the Commission
28 APPROVES ATRIUM II OFFICE CONDOS - CT 06-09 based on the
following findings and subject to the following conditions
Findings;
2 That the proposed map and the proposed design and improvement of the subdivision as
3 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
4 Subdivision Map Act, and will not cause serious public health problems, in that the
proposed subdivision complies with all minimum requirements of Title 20, has been
designed to comply with the Carlsbad Airport Business Center Specific Plan (SP-
200), the Nonresidential Planned Development Ordinance, and the Planned
Industrial (P-M) Zone development standards.
7
That the proposed project is compatible with the surrounding land uses since the subject
8 and surrounding properties are designated for Planned Industrial development on the
General Plan.
. 0 That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate office development, in that the project
11 complies with all development standards and public facilities requirements without
the need for variances from the development standards.
12
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 concurrent with the recordation of the final map the developer will vacate and
15 adjust any easements that conflict with the proposed development.
16 5 That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act)
That 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
19 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents Pursuant to Section 15301(k) of the California
20 Environmental Quality Act exemptions (Class 1), projects characterized as Existing
Facilities which involve the subdivision of existing commercial, office or industrial
buildings where no other physical changes are involved, are exempt from environmental
review
23 7 That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the structures are
24 onented in a manner that allows for solar exposure and to take advantage of
prevailing breezes.
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
27 habitat, in that the site is developed and no natural resources exist on the site.
28 9 That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
PCRESONO 6336 -2-
been designed in accordance with, and conditioned to comply with, the National
2 Pollution Discharge Elimination System Standards to prevent any discharge
violations.
3
10 The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated October 17,2007 including, but not limited to the following*
a Land Use - The proposed office uses are consistent with Specific Plan 200
and the Planned Industrial (PI) General Plan Land Use and Planned
7 Industrial (P-M) Zoning designations for the site.
° || b Circulation - All public infrastructure necessary to serve the project has been
constructed in accordance with City standards.
10 c Noise - The project is not significantly impacted by roadway noise from
Loker Avenue West or from noise from the operation of McClellan-Palomar
1 Airport.
12 11 The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
13 Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
14 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water, drainage, circulation, fire, schools, parks and other recreational
facilities; libraries; government administrative facilities, and open space, related to the
project will be installed to serve new development prior to or concurrent with need
Specifically,
17
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities
19 Developer shall pay non-residential park-m-heu fee to the City, prior to the
20 approval of a building permit or the final map to be used for park facilities within
Zone 5
21
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
Chapter 21 90 of the Carlsbad Municipal Code This will ensure continued availability of
24 public facilities and will mitigate any cumulative impacts created by the project
25 13 This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 5
26
14 That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards
PCRESONO 6336 -3-
15 The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project
4 Conditions;
Note Unless otherwise specified herein, all conditions shall be satisfied prior to record ation of
the final map
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 according to their terms, the City 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
10 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
11 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 Tentative Tract Map.
13 2 Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
14 || 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
Developer shall comply with all applicable provisions of federal, state, and local laws and
17 || regulations in effect at the time of building permit issuance
Prior to recordation of the final map the applicant shall provide to the Planning
Department
Department
q „ Department a copy of a compliance inspection performed by the Building
20..
If any condition for construction of any public improvements or facilities, or the payment
21 || of any fees in-heu 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 invalid
23 unless the City Council determines that the project without the condition complies with
all requirements of law
N24M
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
and costs, including court costs and attorney's fees incurred by the City arising, directly
27 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
28 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
PC RESO NO 6336 -4-
without limitation, any and all liabilities arising from the emission by the facility of
2 electromagnetic fields or other energy waves or emissions This obligation survives until
all legal proceedings have been concluded and continues even if the City's approval is not
3 validated.
Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
6
8. Pnor to the issuance of a building permit, the Developer shall provide proof to the
7 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities8
9 9 This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
10 Plan prior to the issuance of building permits
1Q/ Building permits will not be issued for this project unless the local agency providing
/ 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
13 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.
LK Developer shall establish an owner's association and corresponding covenants, conditions
16 and restrictions Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval. The CC&Rs shall adequately address
17 maintenance of all common landscape areas, employee eating areas, and paved
access and parking areas. Pnor to recordation of the final map the Developer shall
provide the Planning Department with a draft copy of the CC&Rs The approved
19 CC&Rs shall be recorded immediately following the final map. At a minimum, the
CC&Rs shall contain the following provisions
20
a General Enforcement by the City The City shall have the right, but not the
21 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
^2 of, or in which the City has an interest
23 b Notice and Amendment A copy of any proposed amendment shall be provided to the
City in advance If the proposed amendment affects the City, City shall have the right
24 to disapprove A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record
26 c Failure of Association to Maintain Common Area Lots and Easements In the event
that the Association fails to maintain the "Common Area Lots and/or the
27 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
PC RESO NO 6336 -5-
particularity the maintenance which the City finds to be required and requesting the
2 same be earned out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
3 maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
4 be completed and shall be entitled to reimbursement with respect thereto from the
<- Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
7 the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
Easements The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
10 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association If
11 the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice Thereafter the City may
13 pursue collection from the Association by means of any remedies available at law or
in equity Without limiting the generality of the foregoing, in addition to all other
14 rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge Such special assessment shall constitute a charge on the land and
16 shall be a continuing lien upon each Lot against which the special assessment is
levied Each Owner in the Project hereby vests the City with the right and power to
17 levy such special assessment, to impose a hen upon their respective Lot and to bring
all legal actions and/or to pursue hen foreclosure procedures against any Owner and
1° his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration
20 e Landscape Maintenance Responsibilities The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit "F" of CT 06-
21 09.
22 f The required CC&Rs shall assign to a governing board the responsibility for
23 reviewing all proposed tenant improvements for the project to ensure that the
number of required parking spaces to accommodate the combined proportions
24 of uses, based on the parking ratios required by Chapter 21.44 of the Carlsbad
Municipal Code, does not exceed 129 spaces
26 g Prior to submitting building plans for tenant improvements to the City of
Carlsbad Building Department, the governing board shall be required to
27 approve the tenant improvement plans for purposes of assuring an adequate
distribution of parking spaces.
28
PC RESO NO 6336 -6-
11 u The location and size of all employee eating areas, parking areas, and
2 II landscaped areas within the project, as shown on Exhibit "F" of CT 06-09, shall
not be altered, reduced, fenced, or divided to preclude the equal use by all
3 || owners/employees of the site.
i All on-site parking and access aisles/driveways proposed for the Atrium II
c project shall be shared between all uses in perpetuity.
6 12 This approval is granted subject to the approval of PUD 06-07 and is subject to all
conditions contained m Planning Commission Resolution No 6337 for those other
7 approvals incorporated herein by reference.
i 13; Developer shall submit to the City a Notice of Restriction to be filed in the office of the
9 County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors m interest that the City of Carlsbad has issued a
10 Tentative Tract Map and Nonresidential Planned Development Permit by
Resolutions No 6336 and 6337 on the'property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details, and all
j 2 conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
13 an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest14
,, 14 Tenant improvements for this project are only permitted if the parking provided
complies with city ordinance parking requirements (CMC Chapter 21.44). This
16 statement shall be included in the Notice of Restriction that is required in Condition
14 of this resolution.
17
15. • Developer shall construct a cover over the existing trash receptacle and recycling
areas to the satisfaction of the Planning Director.
19 16 No outdoor storage of materials shall occur onsite unless required by the Fire Chief
20 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan
22 17 All lighting shall be designed to reflect downward and avoid any impacts on adjacent
23 homes or property
24 Engineering;
25 General
26 18 Developer shall submit to the City Engineer, a reproducible 24" x 36", m>lar copy of the
27 tentative map and a digital copy of said map (in approved format) reflecting the
conditions approved by the final decision making body The reproducible map shall be
submitted to the City engineer, reviewed and, if acceptable, signed by the City's project
PC RESO NO 6336 -7-
engineer and project planner prior to submittal of the final map The digital file copy
2 shall be submitted in a format as approved by the City Engineer.
3 W 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
4 the private improvements- driveways, sidewalks, street lights, landscaping and irrigation,
c storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
6 within the subdivision.
7 20 Developer shall install sight distance comdors at all street and driveway intersections in
accordance with Engmeenng Standards and shall record the following statement on the
8 Final Map (and in the CC&Rs).
9
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
10 permitted on the subject property within the Caltrans corner sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight which is
11 established per City Standard Public Street-Design Criteria, Section S.B.I. The
12 sight line is depicted on the tentative map and also applies to driveways. The
underlying property owner shall maintain this condition."
13 /
21 There shall be one Final Map recorded for this project
14 '7
, Fees/Agreements
16 22 Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
17 drainage across the adjacent property
1 8 23 Prior to approval of the Final Map, Developer shall pay all fees, deposits, and charges
19 for connection to public facilities or increase in specific use (units) Developer shall also
pay the San Diego County Water Authority capacity charge(s) if applicable
20
21 Final Map Notes
22 24 Developer shall show on Final Map the net developable acres for each parcel
23
25 Notes to the following effects shall be placed on the map as non-mapping data
24 / a All improvements are privately owned and are to be privately maintained with the
exception of the following
1 Public water main, fire hydrants and appurtenances, and
?6 2 Public sewer mains and access holes
b Final Map will not be issued for the subject property unless the appropriate agency
27 determines that sewer and water facilities are available
c No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
~° street level may be placed or permitted to encroach within the area identified as
sight distance corridors
PCRESONO 6336 -8-
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Sewer
The Developer shall demonstrate that public sewer facilities are within public right-of-
way or within minimum 20-feet wide easements granted to the City of Carlsbad At the
discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
This project is approved upon the express condition that the Final Map will not be issued
for the subject property, unless the District Engineer has determined that adequate water
and sewer facilities are available at the time of occupancy A note to this effect shall be
placed on the Final Map, as non-mapping data.
Water
28/ Prior to approval of final map, Developer shall meet with the Fire Marshal to determine if
fire protection measures (fire flows, fire hydrant locations, building sprinklers) are
required to serve the project Fire hydrants, if proposed, shall be considered public
improvements and shall be served by public water mains to the satisfaction of the District
Engineer
Special Conditions
Prior to Final Map approval the entire potable water, recycled water, and sewer
system shall be evaluated in detail to ensure that adequate capacity, pressure, and
flow demands can be met to the satisfaction of the District Engineer. Additional
water meters or sewer services could be required. In lieu of additional meters and
services: Specific agreements to combine units, meters and billing statements as well
as additional fees and deposits, could be required to accommodate the proposed
development.
Prior to the approval of Final Map 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 2001-01
issued by the San Diego Region of the California Regional Water Quality Control Board
and City of Carlsbad Municipal Code The SWMP shall address measures to avoid
contact or filter said pollutants from storm water, to the maximum extent practicable, for
the post-construction stage of the project At a minimum, the 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 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 extent practicable before discharging to City right-of-way,
d Establish specific procedures for handling spills and routine clean up Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants,
e Ensure long-term maintenance of all post construct BMPs in perpetuity, and
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Identify how post-development runoff rates and velocities from the site will not
2 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
3
,'31 i Developer shall cause property owner to execute, and submit to the City Engineer for
v- —/ recordation, a City Standard deed restriction on the property which relates to the proposed
, cross lot drainage as shown on the tentative map The deed restriction document shall-
6 a Clearly delineate the limits of the drainage course,
b State that the drainage course is to be maintained in perpetuity by the underlying
7 property owner; and
State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance
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{ 32 ' Developer shall cause property owner to process, execute and submit an executed copy to
N— the City Engineer for recordation a City standard Best Management Practice Maintenance
, 2 Agreement for the perpetual maintenance of all treatment control, applicable site design
and source control, post-construction permanent BMPs prior to the issuance of a grading
13 permit or building permit, or the recordation of a final map, whichever occurs first for
this Project
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33 The applicant shall prepare and provide for Fire Department approval a "Maintenance
Agreement" that provides for the maintenance and repair of the fire sprinkler system and
17 its appurtenances
18 Code Reminders
19 The project is subject to all applicable provisions of local ordinances, including but not limited to
20 the following
21 34 The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final
23 35 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 and
24 sewer impact fees based on Section 18 42 and Section 13 10 of the City of Carlsbad
Municipal Code, respectively
-,g 36 Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances m effect at time of building
27 permit issuance, except as otherwise specifically provided herein
28 37 The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code
PCRESONO 6336 -10-
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2 38 Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18 04 320
3
39 Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
,. Director prior to installation of such signs
6 40 Developer shall give all notices of the condominium conversion to all tenants as required
by the Subdivision Map Act and the Carlsbad Municipal Code
41 Developer shall pay park-in-heu fees to the City prior to the approval of the final map as
required by Chapter 20 44 of the Carlsbad Municipal Code
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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 date of 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 regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of October 2007, by the
following vote, to wit:
AYES
NOES
Chairperson Baker, Commissioners Boddy, Cardosa, Douglas,
Montgomery, and Whitton
ABSENT Commissioner Dommguez
ABSTAIN.
JULIE B
CARLSB
hairperson
.NNING COMMISSION
DON NEU
Planning Director
PCRESONO 6336 -12-
HowesWeiler^ & Associates *^
LAND USE PLANNING AND CONSULTATION
MEETING NOTES
PROJECT NAME: ATRIUM II
MEETING DATE' July 17, 2008
LOCATION ^City_.of Carlsbad.
ATTENDEES Pat O'Day (O'Day Consultants), Tim Carrol (O'Day Consultants) Mike Howes (HWA), Mike
Peterson (City of Carlsbad), Pam Evans (City of Carlsbad), Clyde Wickham (City of
Carlsbad)
The notes below provide a summary of our meeting with the City of Carlsbad
• Mike Peterson a legal unit must have ingress and egress and a path of travel
• Does the project meet current handicap requirements'
• Turn in architectural plans depicting parking, elevations, path of travel, core facilities how the
elevators comply
• City will verify if it complies
• Pat O'Day will pull the exhibits out of the original plans
...-''''
• Mike Peterson Provide this and it will take care of condition # 4 compliance inspection /
• Will verify common facilities
• Meet code requirements
• Tab and highlight CC&R's
• Bathroom facilities must meet current code requirements
• Have the plans put directly on Mike Petersons desk
• Plans for covering the trash enclosures accompany Tim's latest submittal
• Have the architectural floor plans showing bathroom facilities need to be submitted to Clyde as
well as Mike Peterson
Tel. 760.929.2288 Fax - 760.929.2287 Email, into@hwplgnninq.com 5927 Balfour Court, Suite 202, Carlsbad, CA 92008