HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43561
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0 (b PLANNING COMMISSION RESOLUTION NO. 4356
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
50.23 ACRES INTO 12 LOTS ON PROPERTY GENERALLY
LOCATED ALONG THE WEST SIDE OF EL CAMINO REAL
TO THE SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: LINCOLN NORTH POINTE
CASE NO.: CT 98-07
WHEREAS, Lincoln Property Company, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by W9/LNP Rea:
Limited Partnership, “Owner”, described as
CARLSBAD TRACT NUMBER CT 98-07 TO SUBDIVIDE
Parcel 1 of Parcel Map No. 1110, in the City of Carlsbad,
County of San Diego, State of California, according to parcel
map thereof filed in the Office of the County Recorder of San
Diego County, on November 10, 1972 as File No. 302114 of
official records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentatil
Map as shown on Exhibit(s) “A” - “I” dated August 19, 1998, on file in the I
Department, LINCOLN NORTH POINTE, CT 98-07 as provided by Chapter 20.1;
Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 19th day of August 191
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of persons desiring to be heard, said Commission considered all
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES LINCOLN NORTH POINTE, CT 98-07, based on the f;
findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdi.c
conditioned, is consistent with and satisfies all requirements of the General P
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and I
Subdivision Map Act, and will not cause serious public health problems, in
design and improvements for the map are in compliance with all applical
policies and standards, and necessary public facilities and services needed
the development will be in place prior to occupancy of any buildings p
within the project.
2. That the proposed project is compatible with the surrounding future land us(
surrounding properties are designated for Planned Industrial or Travel/Recrc
Commercial development on the General Plan, in that the site is designa
Planned Industrial land uses and the proposed office/researcl
development/warehouse uses are consistent with this designation.
3. That the site is physically suitable for the type and intensity of the development 5
site is adequate in size and shape to accommodate non-residential developmer
intensity proposed, in that the project meets all of the requirements of the P-
without the need for a variance from development standards and all requirec
facilities and services will be provided.
4. That the design of the subdivision or the type of improvements will not confl
easements of record or easements established by court judgment, or acquired
public at large, for access through or use of property within the proposed subdivj
that all existing easements of record within the project are consistent M
proposal or shall be relocated as necessary concurrent with the recordatiol
final map.
5. That the property is not subject to a contract entered into pursuant to tk
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future pa;
natural heating or cooling opportunities in the subdivision, in that the area is don
by westerly wind patterns which allows the use of natural heating and
opportunities and the large building separation and north to south b
alignment enhances these opportunities.
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7. That the design of the subdivision and improvements are not likely to cause su
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project will not encroach into on-site wetlands and h
conditioned to mitigate, at a 2:l ratio, impacts to 15.32 acres of Southern 1L
Chaparral and .41 acres of other sensitive habitat.
8. That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the pro
been designed in accordance with the Best Management Practices for water
protection in accordance with the City’s sewer and drainage standards. In a
the project is conditioned to comply with the National Pollution Di
Elimination System (NPDES) standard to prevent any discharge violations.
9. The Planning Commission finds that the project, as conditioned herein for CT !
in conformance with the Elements of the City’s General Plan, based on the follow
A. Land Use - The site is designated for Planned Industrial land use
proposed officehesearch and development/warehouse uses are CG
with the Planned Industrial General Plan designation.
B. Circulation - The project will provide roadway improvements to El 1
Real including median, signalization, additional turn lanes and dece
lanes.
C. Noise - Temporary construction activities would be required to coml
the City’s Construction Noise Ordinance and the project would com]
the noise guidelines.
D. Housing - The project is conditioned to pay a non-residential afj
housing impact linkage fee if adopted by City Council.
E. Open Space and Conservation - The project has been designed to not el
into and provide a buffer around the on-site wetlands, and conditi
mitigate project impacts to 15.32 acres of Southern Maritime Chapar
.41 acres of other sensitive habitat.
F. Public Safety - All buildings would comply with UBC and state seismic
10. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
A. The project has been conditioned to ensure that the final map will not be a]
unless the City Council finds that sewer service is available to serve the
In addition, the project is conditioned such that a note shall be placed on 1
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cannc
within the project unless sewer service remains available, and the 1 PC RES0 NO. 4356 -3 -
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Engineer is satisfied that the requirements of the Public Facilities Elerne
General Plan have been met insofar as they apply to sewer service for this
B. Statutory School fees will be paid to ensure the availability of school fac
the Carlsbad School District.
C. Park-in-lieu fees are required as a condition of approval.
D. All necessary public improvements have been provided or are reql
conditions of approval.
E. The developer has agreed and is required by the inclusion of an apl
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be 2
concurrent with need as required by the General Plan.
11. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ac
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availa
public facilities and will mitigate any cumulative impacts created by the project.
12. This project has been conditioned to comply with any requirement approved as p~
Local Facilities Management Plan for Zone 5.
13. That all necessary public facilities required by the Growth Management Ordina
be constructed or are guaranteed to be constructed concurrently with the need 1
created by this project and in compliance with adopted City standards.
14. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applic:
record a notice concerning aircraft noise. The project is compatible with the p
noise levels of the CLUP; and, based on the noise/land use compatibility matri
CLUP, the proposed land use is compatible with the airport, in that officeheseal
development/warehouse uses are compatible with noise environments of u
dBA CNEL. The maximum airport noise level (65 dBA CNEL) will occur on
15. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Tentative Tract Map document(s) necessary to mal
internally consistent and in conformity with final action on the project. Deve:
shall occur substantially as shown in the approved Exhibits. Any proposed deve:
different from this approval, shall require an amendment to this approval.
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2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar coy
Tentative Map as approved by the final decision making body. The Tentati
shall reflect the conditions of approval by the City. The Map copy shall be sub1
the City Engineer and approved prior to building, grading, final map, or impr
plan submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline (
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve
Permit and signed approved site plan.
5. The final map shall not be approved unless the City Council finds as of the timc
approval that sewer service is available to serve the subdivision.
6. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any dew
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad R,
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated February 25,1998, a copy of which is on file with the City (
is incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
7. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 5 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limite
following:
8. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The ar
these fees shall be determined by the fee schedule in effect at the time of buildin
application.
9. If any condition for construction of any public improvements or facilities, or the ;
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro\
Government Code Section 66020. If any such condition is determined to be int;
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
10. Approval of CT 98-07 is granted subject to the approval of SP 109(B)/PUD 98-
98-05/SUP 98-03/CUP 98-08 and PIP 98-07. This project shall comply
conditions and mitigation measures which are required as part of the approved
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North Pointe Mitigated Negative Declaration, PUD 98-01, HDP 98-05, SUP 98
CUP 98-08, as contained in Planning Commission Resolutions No. 4355, 435
4359,4360.
11. The Developer shall establish an owner's association and corresponding cc
conditions and restrictions. Said CC&Rs shall be submitted to and approve(
Planning Director prior to final map approval. The CC&Rs shall adequately
maintenance of all common landscaped areas (including landscaping within
areas) and paved parking areas. Prior to issuance of a building permit the D
shall provide the Planning Department with a recorded copy of the official CCd
have been approved by the Department of Real Estate and the Planning Direct(
minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement bv the Citv. The City shall have the right, but
obligation, to enforce those Protective Covenants set forth in this Dech
favor of, or in which the City has an interest.
12. Prior to the issuance of the final map, Developer shall submit to the City a h
Restriction to be filed in the office of the County Recorder, subject to the satisfi
the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a CT 98-07, SP 109(B), PUD 98-01, HDP 98-05, !
03, and CUP 98-08, by Resolutions No. 4354, 4355, 4356, 4357, 4358, 4359, L
the real property owned by the Developer. Said Notice of Restriction shall
property description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions specified for incl
the Notice of Restriction. The Planning Director has the authority to execute an1
an amendment to the notice which modifies or terminates said notice upon a sho
good cause by the Developer or successor in interest.
13. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi
pursuant to City standards. Location of said receptacles shall be approved
Planning Director. Enclosure shall be of similar colors and/or materials to the p:
the satisfaction of the Planning Director.
14. An exterior lighting plan including parking areas shall be submitted for Planning 1
approval. All lighting shall be designed to reflect downward and avoid any imI
adjacent homes or property.
15. No outdoor storage of materials shall occur onsite unless required by the Fire C1
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
16. The Developer shall prepare a detailed landscape and irrigation plan in conformar
the approved Preliminary Landscape Plan and the City's Landscape Manual. TI
shall be submitted to and approval obtained from the Planning Director priol
approval of the final map, grading permit, or building permit, whichever occurs fir
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Developer shall construct and install all landscaping as shown on the approved p'
maintain all landscaping in a healthy and thriving condition, free from weeds, tl
debris.
3 17. The first submittal of detailed landscape and irrigation plans shall be accompanit
4 project's building, improvement, and grading plans.
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18. The Developer shall submit and obtain Planning Director approval of a unifc
program for this development prior to occupancy of any building.
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19. Building identification and/or addresses shall be placed on all new and existing k
so as to be plainly visible from the street or access road; color of identificatio
addresses shall contrast to their background color.
20. The Developer is aware that the City is preparing a non-residential housing in
(linkage fee) consistent with Program 4.1 of the Housing Element. The app
further aware that the City may determine that certain non-residential projects n.
to pay a linkage fee, in order to be found consistent with the Housing Elemer
General Plan. If a linkage fee is established by City Council ordinance and/or re
and this project becomes subject to a linkage fee pursuant to said ordinancc
resolution, then the Developer, or his/her/their successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developme1
existing development, in which case, the fee shall be paid on approval of the fi1
parcel map or certificate of compliance, required to process the non-residenti
whichever pertains. If linkage fees are required for this project, and they are not 1
project will not be consistent with the General Plan and approval for this pro-
become null and void.
2 1. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this 1
is subject to overflight, sight and sound of aircrafi operating from McClellan-:
Airport, in a form meeting the approval of the Planning Director and the City t
(see Noise Form #2 on file in the Planning Department).
22. Each lot of this development has been designed with adequate parking
proposed uses. As no joint use of parking agreement has been provided fol
development, each lot must stand on its own for parking purposes.
improvements for this development are only permitted if the parking PI
complies with City Ordinance parking requirements for the mix of uses PI
(office/research and development/warehouse). This condition shall be inch
the Notice of Restriction required in Condition No. 12 of this resolution.
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Engineering General Conditions
NOTE: Unless specifically stated in the condition, all of the following engineering c(
upon the approval of this proposed major subdivision must be met prior to approval c
map.
23. Prior to issuance of any building permit, the developer shall comply \.
requirements of the City's anti-graffiti program for wall treatments if and whel
program is formerly established by the City.
24. There shall be one final subdivision map recorded for this project.
25. Approval of this tentative tract map shall expire thirty-six months from the
Planning Commission approval unless a final map is recorded. An extensi
be requested by the applicant. Said extension shall be approved or deniel
discretion of the Planning Commission. In approving an extension, the P
Commission may impose new conditions and may revise existing co
pursuant to Section 20.12.110(a)(2) of the Carlsbad Municipal Code.
26. The use of each of the proposed buildings shall be restricted so that any ad
traffic generated does not impact the existing traffic circulation, and the ad
Traffic Impact Fees are paid, but in no event shall the total project traffic ge
exceed 5036 ADT without appropriate environmental review.
27. The developer shall provide an acceptable means for maintaining the private ea
within the subdivision and all the private: streets, sidewalks, street lights, stor
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties wii
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
28. All concrete terrace drains shall be maintained by the owner's association
commonly owned property) or the individual property owner (if on an indi
owned lot). An appropriately worded statement clearly identifling the respol
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
29. The developer shall defend, indemnify and hold harmless the City and its agents, 1
and employees from any claim, action or proceeding against the City or its
officers, or employees to attack, set aside, void or null an approval of the C
Planning Commission or City Engineer which has been brought against the Cio
the time period provided for by Section 66499.37 of the Subdivision Map Act.
30. Prior to hauling dirt or construction materials to or from any proposed construcl
within this project, the developer shall submit to and receive approval fiom t
Engineer for the proposed haul route. The developer shall comply with all conditi
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requirements the City Engineer may impose with regards to the hauling operation
3 1. The developer shall provide for sight distance corridors at the intersection
driveways and El Camino Real in accordance with Engineering Standards a
include the following statement in the CC&Rs and the Final Map non-mapp
sheet:
“No structure, fence, wall, tree, shrub, sign, or other object shall el
within the area identified as the intersection sight distance in accl
with City Standard Public Street-Design Criteria, Section 8.B.1 and
underlying property owner shall maintain this condition.”
FeedAareements
32. The developer shall pay all current fees and deposits required.
33. The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
34. The owner shall execute a hold harmless agreement for geologic failwe.
35. Prior to approval of any grading or building permits for this project, the owner sl
written consent to the annexation of the area shown within the boundarie5
subdivision plan into the existing City of Carlsbad Street Lighting and Lanc
District No. 1 on a form provided by the City.
36. Reciprocal access easements/covenants for easements and/or main
agreements acceptable to the City Engineer and City Attorney shall be exec.
the owner and/or placed on the final map for the shared access dri
connecting all the lots in the subdivision.
Grading
37. Based upon a review of the proposed grading and the grading quantities show
tentative map, a grading permit for this project is required. The developer musi
and receive approval for grading plans in accordance with city codes and standar
to issuance of a building permit for the project.
38. Prior to the issuance of a grading permit or building permit, whichever occurs f
developer shall submit proof that a Notice of Intention has been submitted to tl
Water Resources Control Board.
39. Upon completion of grading, the developer shall ensure that an “as-graded” geolol
is submitted to the City Engineer. The plan shall clearly show all the geology as t
by the grading operation, all geologic corrective measures as actually construc
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must be based on a contour map which represents both the pre and post site gradi
plan shall be signed by both the soils engineer and the engineering geologist. '
shall be prepared on a 24" x 36" mylar or similar drafting film and shall b
permanent record.
40. No grading for private improvements shall occur outside the limits of the sul:
unless a grading or slope easement or agreement is obtained fiom the owner
affected properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develo]
either amend the tentative map or modify the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved tentative
determined by the City Engineer and Planning Director.
Dedicationsflmprovements
4 1. Additional drainage easements may be required. Drainage structures shall be pro
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
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42. The owner shall make an offer of dedication to the City for all public strc
easements required by these conditions or shown on the tentative map. The offer
made by a certificate on the final map for this project. All land so offered
14 granted to the City free and clear of all liens and encumbrances and without co:
City. Streets that are already public are not required to be rededicated. 15
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43. Direct access rights for all lots abutting El Camino Real shall be waived on the fir
except for the access driveways as shown on the tentative map.
44. Cross lot drainage is specifically not approved unless easements/covena
easements are granted to the affected lots as required.
45. The developer shall comply with the City's requirements of the National P
Discharge Elimination System (NPDES) permit. The developer shall provi
management practices as referenced in the "California Storm Water Best Mans
Practices Handbook" to reduce surface pollutants to an acceptable level prior to di
to sensitive areas. Plans for such improvements shall be approved by the City E:
Said plans shall include but not be limited to notifying prospective owners and te:
the following:
A. All owners and tenants shall coordinate efforts to establish or work with est2
disposal programs to remove and properly dispose of toxic and hazardou
products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, ani
solvents, paints, paint thinners, wood preservatives, and other such fluids s
be discharged into any street, public or private, or into storm drain or ston
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conveyance systems. Use and disposal of pesticides, fungicides, he
insecticides, fertilizers and other such chemical treatments shall meet Feder,
County and City requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements.
46. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stand;
developer shall install, or agree to install and secure with appropriate security as I
by law, improvements shown on the tentative map and the following improvemen
A. El Camino Real to prime arterial standards, including fully improved 1
and deceleration lanes, as shown on the tentative map. The d
configurations, including the proposed use of non-standard curb ra
specifically not approved as shown. They are to be designed to engj
standards to the satisfaction of the city engineer.
B. Traffic signal at the intersection of the southerly driveway and El Camir
The signal shall be interconnected with the existing traffic signals
intersections of El Camino Real with Palomar Airport Road and Carnil
Roble. These plans are to include traffic control, signing and striping pla.
A list of the above improvements shall be placed on an additional map sheet on 1
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impro
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
47. The developer shall install sidewalks along all public streets abutting the prc
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
48. At the signalized southerly driveway, remove the island shown in the tentati
and adjust the total width of the driveway to the satisfaction of the City Engil
49. Prior to occupancy of any buildings, the developer shall install wheelchair ramr
public street corners as shown in the tentative map in conformance with
Carlsbad Standards.
50. The structural section for the access aisles must be designed with a traffic index c
accordance with City Standards due to truck access through the parking area and/c
with an ADT greater than 500. The structural pavement design of the aisle ways
submitted together with required R-value soil test information and approved by f
prior to the issuance of a building permit.
5 1. The design of all private drainage systems shall be approved by the City Engine
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drainage systems shall be inspected by the City. The standard improvement pl;
and inspection fees shall be paid prior to issuance of any building or grading pt
this project.
52. Drainage outfall end treatments for any drainage outlets where a direct access
maintenance purposes is not provided, shall be designed and incorporated
gradinghmprovement plans for the project. These end treatments shall be design
to prevent vegetation growth from obstructing the pipe outfall. Designs could cor
modified outlet headwall consisting of an extended concrete spillway secti
longitudinal curbing andor radially designed rip-rap, or other means deemed app
as a method of preventing vegetation growth directly in front of the pipe outle
satisfaction of the Community Services Director and the City Engineer.
Final Map Notes
53, Note(s) to the following effect(s) shall be placed on the final map as non-mapping
A. Geotechnical Caution:
The owner of this property on behalf of itself and all of its succe
interest has agreed to hold harmless and indemnify the City of Carlsk
any action that may arise through any geological failure, ground water
or land subsidence and subsequent damage that may occur on, or adj;
this subdivision due to its construction, operation or maintenance.
B. No structure, fence, wall, tree, shrub, sign, or other object over 3(
above the street level may be placed or permitted to encroach within
identified as a sight distance corridor in accordance with City Standar
Street-Design Criteria, Section 8.B.3. The underlying property ow
maintain this condition.
C. No structure, fence, wall, tree, shrub, sign, or other object shall el
within the area identified as the intersection sight distance in accc
with City Standard Public Street-Design Criteria, Section 8.B.1
The underlying property owner shall maintain this condition.
Satellite Antennas
54. The satellite antenna or appurtenance shall not be constructed on any easement
the easement holder's permission.
55. The satellite antenna or appurtenance shall not be constructed in any drainage
over any drainage structure.
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Water Conditions
56. The Developer shall be responsible for all fees, deposits and charges which
collected before andor at the time of issuance of the building permit. The Sz
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
57. The Developer shall provide detailed information to the District Engineer regardi:
demand, irrigation demand, fire flow demand in gallons per minute, and projectc
flow in million gallons per day.
58. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to insure that adequate t
pressure and flow demands can be met.
59. All District pipelines, pump stations, pressure reducing stations and appur
required for this project by the District shall be within public right-of-way o
easements granted to the District or the City of Carlsbad.
60. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirements
B. Prepare and submit a colored recycled water use area map and submit this mi
Planning Department for processing and approval by the District Engineer.
C. Prior to the preparation of sewer, water and recycled water improvement p:
Developer shall submit preliminary system layouts to the District Engi,
review, comment and approval.
61. Building permits will not be issued for this project unless the local agency PI
water and sewer services to the project provides written certification to the C
adequate water service and sewer facilities respectively are available to the proje
time of the application for building permits and that water and sewer capac
continue to be available until the time of occupancy.
62. All potable water and recycled water meters shall be placed within public right of
63. The following item(s) shall apply if checked:
[XI A public fire flow system shall be required for this industrial or con
development, and it shall be constructed as a looped pipeline system.
64. All landscape improvement plans shall be submitted to the City P
Department.
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North County Transit District Conditions
65. A new southbound bus turnout shall be constructed along El Camino Re:
project frontage at the farside of the existing southerly driveway. The appr
location of the bus turnout should be between Station 305+50 and Station
This 170 foot section would be improved as a 12 foot deep bus turnout wit1
of ingress, a 50 foot pad and 60 feet of egress, per NCTD Design Outline
Facilities, Figure 3 NCTD Design Outline for Bus Facilities, Figure 3. y
turnout improvements should also include a sidewalk, a bus shelter, benc
receptacle and ADA boarding pad (8’ perpendicular to back of curb by 5
All facilities should meet ADA regulations and NCTD standards. The sheltc
be designed to compliment the architectural style of the development.
recommends the use of perforated metal screening instead of glazing for in
durability. The maintenance of this facility shall be the responsibilio
applicant.
66. Pedestrian access to El Camino Real should also be designed into the
Sidewalks should be extended from within the project to and along El Camil
Additionally, signalized pedestrian crossings should be provided at the inte
of El Camino Real and the driveway to the project.
67. Developer shall install street lights within one-quarter mile of this future 1:
location.
General Condition
68. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or further condition all certificates of OCI
issued under the authority of approvals herein granted; institute and prosecute litis
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City’s app
this Tentative Map.
Code Reminders:
69. The Developer shall pay park-in-lieu fees to the City, prior to the approval of 1
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
70. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
...
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71. Approval of this request shall not excuse compliance with all applicable sectiol
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
72. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
73. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from. view and the sound buffered from adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
The project is subject to all applicable provisions of local ordinances, including but not li
the following:
74. The developer shall exercise special care during the construction phase of this I:
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
75. Some improvements shown on the tentative map and/or required by these condii
located offsite on property which neither the City nor the owner has sufficienr
interest to permit the improvements to be made without acquisition of title or
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Cod
76. Prior to the future development of lots 4, 5, 9, 10, 11 and 12, Planned In
Permits shall be required to be approved by the Planning Director.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedi
reservations, or other exactions hereafter collectively referred to for convenic
“fees/exactions.”
You have 90 days from August 19, 1998 to protest imposition of these fees/exactions.
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection v
project; NOR DOES IT APPLY to any feedexactions of which you have previously bet
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a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 19th day of August 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, and Welshons
NOES:
ABSENT: Commissioner Savary
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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