HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4382, ,‘ ’ a e
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PLANNING COMMISSION RESOLUTION NO. 4382
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 1 1.5 ACRES INTO 169 AIR SPACE
CONDOMINIUM UNITS IN THE RANCHO CARRILLO
MASTER PLAN ON PROPERTY GENERALLY LOCATED
SOUTH OF PALOMAR AIRPORT ROAD, BETWEEN
MELROSE DRIVE AND THE EASTERN CITY BOUNDARY
IN LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGE A
CASE NO.: CT 98-03
WHEREAS, Shea Homes L.P., “Developer”, has filed a verified applicai
the City of Carlsbad regarding property owned by Continental Ranch, Inc., “Owner”, c
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-03 TO
as
A portion of Section 13, Township 12 South, Range 4 West,
San Bernardino Meridian, and a portion of Section 18,
Township 12 South, Range 3 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentati.
Map as shown on Exhibit(s) “A” - “G” dated September 2, 1998, on file in the I
Department RANCHO CARRILLO VILLAGE A, CT 98-03, as provided by Chaptc
of the Carlsbad Municipal Code; and
WEREAS, the Planning Commission did, on the 2nd day of Septembc
hold 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor,
RECOMMENDS APPROVAL of RANCHO CARRILLO VILLAGI
98-03, based on the following findings and subject to the following condii
Findings:
1. That the proposed map and the proposed design and improvement of the subdi
conditioned, is consistent with and satisfies all requirements of the General E
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in th
residential subdivision designed in accordance with the Subdivision and
Development Ordinances, as well as the approved Rancho Carrillo Mas1
(and its subsequent amendments), and in compliance with the recommend2
the required technical studies for soils and drainage, and provides al!
improvements necessary to serve the demand generated by the development.
2. That the proposed project is compatible with the surrounding future land us
surrounding properties are designated for residential development on the Gent
and the Rancho Carrillo Master Plan. The Palomar Airport Road righ
separates this site from non-residential uses to the north.
3. That the site is physically suitable for the type and density of the development 5
site is adequate in size and shape to accommodate residential development at the
proposed, in that the project is consistent with residential development design
Village A by the Rancho Carrillo Master Plan, and the mass grading plan a]
by Hillside Development Permit HDP 91-17.
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 acquirec
public at large, for access through or use of property within the proposed subdiv
that the project has been designed and structured such that there are no [
with any established easements.
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’s dc
western wind patterdsolar radiation patterns will allow utilization of
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heating and cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing 1
by this subdivision, the housing needs of the region, and balanced those housi
against the public service needs of the City and available fiscal and envirc
resources.
8. 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 all applicable biological mitigation measures required by Fi
91-04 and MEIR 93-01 have been incorporated into the project and/or add6
project as conditions of approval.
9. That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the se'
drainage requirements of the Rancho Carrillo Master Plan and EIR 91-
been considered and appropriate sewer and drainage facilities have been L
to accommodate the project. In addition to City Engineering Standal
compliance with the City's Master Sewer and Drainage Plans, National P
Discharge Elimination System (NPDES) standards will be satisfied to prev
discharge violations.
10, The Planning Commission finds that the project, as conditioned herein for
Carrillo Village A, CT 98-03, is in conformance with the Elements of the City's
Plan, based on the following:
a. Land Use - The project is consistent with the City's General Plan Re!
High (RH) land use designation since the proposed density of 14.7 du
just slightly below the density range of 15-23 du/acre specified for thl
indicated on the Land Use Element of the General Plan.
b. Circulation - The project is conditioned to complete all necessary on;
offsite roadway improvements prior to occupancy of any unit in eacl
Additionally, all roadway improvements to serve this portion of the
Carrillo Master Plan must be guaranteed and substantially completc
to occupancy of units in Village A.
c. The project has been conditioned to ensure conformance with th
Element of the General Plan.
d. Housing - That the project is consistent with Policy 3.6.a of the I:
Element of the General Plan and the Inclusionary Housing Ordin
Village A is covered by the Rancho Carrillo Affordable Housing Agl
approved by the City Council.
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e. Open Space and Conservation - The project is consistent with the
Carrillo Master Plan and Zone 18 LFMP in that 189.9 acres of perfc
standard open space will be provided throughout the Master Plan.
over 35% of the net developable acreage of the Rancho Carrillo Mas
which exceeds the 15% Growth Management requirement.
f. Public Safety - In accordance with the Rancho Carrillo mass grad
(HDP 91-17) and the Village A grading plan and final soils re]
unacceptable soil conditions shall be mitigated to facilitate cons'
Standard engineering grading conditions will be required for all I
grading.
g. To ensure adequate park facilities, the Rancho Carrillo Master I:
entered into a Parks Agreement with the City of Carlsbad which 1
the dedication of land.
11. The project is consistent with the City-Wide Facilities and Improvements I
applicable local facilities management plan, and all City public facility poli
ordinances since:
a. The project has been conditioned to ensure that the final map will not be i
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
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cann
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemel
General Plan have been met insofar as they apply to sewer service for this
b. In accordance with the Zone 18 LFMP special conditions for schc
project is conditioned to require that an acceptable school site is dt
the San Marcos Unified School District guaranteeing the constru'
necessary elementary school facilities in Zone 18 prior to fin
recordation or building permit issuance.
c. All necessary public improvements have been provided or are req
conditions of approval.
d. The developer has agreed and is required by the inclusion of an apI
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 s
concurrent with need as required by the General Plan.
e. The Rancho Carrillo Master Plan has entered into a Parks Agreemc
the City of Carlsbad.
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12. This project has been conditioned to comply with any requirement approved as pi
Local Facilities Management Plan for Zone 18.
13. The Planning Commission finds that:
a. the project is a subsequent development as described in CEQA Guidelinl
(c)(2) and (e), and 15183;
b. the project is consistent with the General Plan Master EIR (MEIR 93
Rancho Carrillo Master Plan EIR (EIR 91-04);
c. there were EIRs certified in connection with the prior 1994 Gene1
Update and Rancho Carrillo Master Plan;
d. the project has no new significant environmental effect not analyzed as si,
in the prior EIRs;
e. none of the circumstances requiring Subsequent or Supplemental E1
CEQA Guidelines Sections 15 162 or 15 163 exist.
14. That all feasible mitigation measures or project alternatives identified in the ME1
and EIR 91-04 which are appropriate to this project have been incorporated
project.
15. That MEIR 93-01 found that air quality and circulation impacts are signific
adverse; therefore, the City Council adopted a statement of overriding considl
The project is consistent with the General Plan and as to those effects, no ac
environmental document is required.
16. That 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.
17. That the project is consistent with the City's Landscape Manual, pursuant to
14.28.020, adopted by City Council Resolution No. 90-384.
18. The Planning Commission has reviewed each of the exactions imposed on the Dc
contained in this resolution, and hereby finds, in this case, that the exactions are j
to mitigate impacts caused by or reasonably related to the project, and the extent
degree of the exaction is in rough proportionality to the impact caused the project.
19. The project, as designed, implements certain objectives and mitigation n
established by the General Plan Master EIR to reduce cumulative air qua
circulation impacts as applicable to a residential project of this scale. These
providing links to public sidewalk systems that connect with transportation cc
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future schools, parks, and trail systems; providing for safe pedestrian and
movements within the project and designing the project to accommodate p
spaces as well as proposed parking areas and building locations.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Tentative Tract Map document(s) necessary to ma
internally consistent and in conformity with final action on the project. Devc
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
Note: Unless specifically stated in the condition, all of the following conditions, 1
approval of this proposed major subdivision, must be met prior to approval c
map.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, del
hold harmless the City of Carlsbad and Council members, officers, employees
and representatives from and against any and all liabilities, losses, damages, d
claims, and costs, including court costs and attorney’s fees incurred by the City
directly or indirectly fkom (a) City’s approval or issuance of any permit 01
whether discretionary or non discretionary, in connection with the use contc
herein, and (b) Developer/Operator’s installation and operation of the facility 1:
hereby, including without limitation, any and all liabilities arising fi-om the emi
the facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24-inch by 36-inch my
of the Tentative Map as approved by the final decision making body. The TI
Map shall reflect the conditions of approval by the City. The Map copy
submitted to the City Engineer and approved prior to building, grading, final
improvement plan submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” by 36” blueline dra
6. The final map shall not be approved unless the City Council finds as of the time
approval that sewer service is available to serve the subdivision.
7. 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 deve
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or €
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and Improvement Plan and to fulfill the subdivider’s agreement to pay the public
fee dated January 23, 1998, a copy of which is on file with the City Cler
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.
8. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 18 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
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 wi
condition complies with all requirements of law.
10. Approval of CT 98-03 is granted subject to the approval of Master Plan Am
MPA 139(G) and Condominium Permit CP 98-01. CT 98-03 is subject to all cc
contained in Planning Commission Resolution No. 4384 for the Master Plan Ame
MPA 139(G), and Planning Commission Resolution No. 4383 for the Condc
Permit, CP 98-01.
11. The Developer shall establish a homeowner’s association and corresponding cc
conditions and restrictions. Said CC&Rs shall be submitted to and approve(
Planning Director prior to final map approval. Prior to issuance of a building pr
Developer shall provide the Planning Department with a recorded copy of the
CC&Rs that have been approved by the Department of Real Estate and the 1
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but
obligation, to enforce those Protective Covenants set forth in this DeclaJ
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements.
event that the Association fails to maintain the “Common Area Lots ar
Association’s Easements”, the City shall have the right, but not the
perform the necessary maintenance. If the City elects to perfor
maintenance, the City shall give written notice to the Association, wit1
thereof to the Owners in the Project, setting forth with particula
maintenance which the City finds to be required and requesting the 5
carried out by the Association within a period of thirty (30) days from thl
of such notice. In the event that the Association fails to carry o
maintenance of the Common Area Lots and/or Association’s Easement:
the period specified by the City’s notice, the City shall be entitled to cal
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work to be completed and shall be entitled to reimbursement with respec
from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perfo
necessary maintenance to either Common Area Lots and/or Assc
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such ir
each Owner in the Project, together with a statement that if the Associatio
pay such invoice in full within the time specified, the City will pursue c
against the Owners in the Project pursuant to the provisions of this Sectil
invoice shall be due and payable by the Association within twenty (20:
receipt by the Association. If the Association shall fail to pay such invoil
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the a
the invoice. Thereafter the City may pursue collection from the Assoc
means of any remedies available at law or in equity. Without lim
generality of the foregoing, in addition to all other rights and remedies :
to the City, the City may levy a special assessment against the Owners of
in the Project for an equal prorata share of the invoice, plus the late char€
special assessment shall constitute a charge on the land and shall be a co
lien upon each Lot against which the special assessment is levied. Each (
the Project hereby vests the City with the right and power to levy sucl
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any OM
hisker respective Lot for purposes of collecting such special assessment.
d. Prior to the occupancy of any dwelling units in Village A, this same ’t
shall be annexed into the Rancho Carrillo Master Homeowner’s Assoc
e. The developer shall provide an acceptable means for maintaining the
easements within the subdivision and all the private: streets, sidewalk
lights and storm drain facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the propertie
the subdivision. Adequate provision for such maintenance shall be inch
the CC&Rs subject to the approval of the City Engineer.
f. The developer shall provide for sight distance corridors in accordar
Engineering Standards and the conforming mylar tentative map; and sha
the following statements on the conforming mylar tentative map and prel
landscape plan:
I
1) Mature vegetation within the site line area of all intersections shz
greater than 30” in height or have a canopy no less than 8’ in heigh
2) No structure, fence, wall, sign, or other object over 30 inches ab1
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street level shall be placed or permitted to encroach within 1
identified as a sight distance corridor in accordance with City SI
and the conforming mylar tentative map. The underlying propert]
or homeowner’s association shall maintain this condition.
12. Prior to the recordation of the Final Map, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Tentative Map by Resolution No. 4382 on
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all cond
approval as well as any conditions or restrictions specified for inclusion in the I
Restriction. The Planning Director has the authority to execute and record an am
to the notice which modifies or terminates said notice upon a showing of good t
the Developer or successor in interest.
LandscaDe
13. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. T
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs 6
Developer shall construct and install all landscaping as shown on the approved pi
maintain all landscaping in a healthy and thriving condition, fiee fiom weeds, tr
debris.
14. The first submittal of detailed landscape and irrigation plans shall be accompanie
project’s improvement and grading plans.
15. Prior to occupancy of individual units, the applicant shall construct the con
themehoise attenuation walls shown on the Landscape Concept Plan Exhibil
16. Prior to issuance of building permits, the applicant shall submit a detaile
study addressing necessary interior noise mitigation measures for Village
that at a minimum, the following mitigation shall be ensured: (1) the interic
levels shall be mitigated to 45 dBA CNEL when openings to the exteriol
residence are closed; and (2) if openings are required to be closed to meet 1
standard, mechanical ventilation shall be provided.
Sims and Identification
17. Prior to occupancy of any units, the Developer shall construct a directory sig~
entrance to the project. The design of this sign shall be approved by the E
Director.
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Miscellaneous PlanninP Conditions
18. This project is being approved as a condominium permit for residential homeo
purposes. If any of the units in the project are rented, the minimum time incre
such rental shall be not less than 26 days. The CC&Rs for the project shall inc
requirement.
19. The Developer shall display a current Zoning and Land Use Map in the sales off
times, or suitable alternative to the satisfaction of the Planning Director.
20. All sales maps that are distributed or made available to the public shall include b
limited to trails, future and existing schools, parks, and streets.
Environmental
21. The Developer shall diligently implement, or cause the implementation of, all n
measures identified in the Final EIR 91-04 and MEIR 93-01 that are found
resolution to be feasible and applicable to this project.
22. The Developer shall implement, or cause the implementation of applicable por
the Rancho Carrillo Master Plan Final EIR Project Mitigation Monitor
Reporting Program.
23. The Developer, or their successors in interest, shall improve the project site
project as described in the Final EIR 91-04, except as modified by this resolution.
24. 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 i
may be subject to noise impacts from the proposed or existing Transportation C
(Melrose Drive), in a form meeting the approval of the Planning Director a
Attorney (see Noise Form #1 on file in the Planning Department).
25. 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
is subject to overflight, sight, and sound of aircraft operating from McClellan-
Airport, in a form meeting the approval of the Planning Director and the City i
(see Noise Form #2 on file in the Planning Department).
26. The Developer shall post aircraft noise notification signs in all sales and/or renta
associated with the new development. The number and locations of said signs
approved by the Planning Director (see Noise Form #3 on file in the I
Department). I ...
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Housing
27. The Developer shall construct the required inclusionary units concurrent
project’s market rate units, unless both the final decision making authority of the
the Developer agree within an Affordable Housing Agreement to an alternate
for development.
Engineering
Note 1: The Engineering Conditions of Approval which are included in approved
Commission Resolution 4241, also are applicable to this project and must be
excluding Engineering Conditions No. 33, 34, 40, 52, 55, 56, 57, 58 thrc
and 67.
Dedications/Immovements:
28. The design of all Village A private streets and drainage systems shall be approvc
City Engineer. The structural section of all private streets shall conform to
Carlsbad Standards based on R-value tests. All private streets and drainage syste
be inspected by the City. The standard improvement plan check and inspection f
be paid for this project.
Final Map Notes:
29. Notes to the following effect shall be placed on the final map as non-mapping dat
(29.A.) All improvements for Village A are private and shall be priv
maintained with the exception of sewer and water lines which
located within street and utility easements that are offered
public dedication.
(29.B.) No structure, fence, wall, sign, or other object over 30 inches abovl
street level shall be placed or permitted to encroach within the
identified as a sight distance corridor in accordance with
Standards and the conforming mylar tentative map. The under1
property owner, or homeowner’s association shall maintain
condition.
(29.C.) Mature vegetation within the site line area of all intersections sha
no greater than 30” in height or have a canopy no less than E
height.
Map Corrections/Additions:
30. The top of slope along the Melrose Drive frontage for Village A shall be IC
minimum of 5’ away from the Melrose Drive right of way line to facilil
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installation of any walls (retaining and/or sound) and the required standa
trees. Street trees shall be installed between any wall for Village A and the
Drive right of way (i.e., on the outside of and thereby screening the wall). I
of slope cannot be relocated, then another method to accomplish placing t
trees on the outside of any Village A walls shall be determined at final de.
indicated on the project’s final grading and landscape plans, to the satisfi
the City Engineer and Planning Director.
&e
31. Prior to issuance of building permits, the Fire Department shall evaluate buildj
for conformance with applicable fire and life safety requirements of the sate I
Fire Codes.
32. Provide additional public fire hydrants at intervals of 500 feet along public stree
private driveways. Hydrants should be located at street intersections when poss
should be positioned no closer than 100 feet from terminus of a street or drivewa:
33. Applicant shall submit a site plan to the Fire Department for approval, whid
location of required, proposed, and existing public water mains and fire hydra]
plan should include off-site fire hydrants within 200 feet of the project.
34. Applicant shall submit a site plan depicting emergency access routes, drivew
traffic circulation for Fire Department approval.
1 35, An all weather, unobstructed access road suitable for emergency service vehicles
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require that construction operations cease 1
condition is corrected.
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36. All required water mains, fire hydrants and appurtenances shall be operation2
combustible building materials are located on the construction site.
37. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox”, key operated emergency entry device. Applicant shall
the Fire Prevention Bureau for specifications and approvals prior to installation.
38. Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in accordance 1
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
39. The applicant shall provide a street map which conforms to the following requir
A 400 scale photo-reduction mylar, depicting proposed improvements and at 1c
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existing intersections or streets. The map shall also clearly depict street ce
hydrant locations and street names.
40. A monument sign shall be installed at the entrance to the driveway or priv;
indicating the addresses of the buildings on the site.
General:
41. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time; if any of such conditions fail tl
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City's ap
this Tentative Map.
Code Reminders:
42. Approval of this request shall not excuse compliance with all applicable sectio~
Zoning Ordinance and all other applicable City ordinances in effect at the
building permit issuance, except as otherwise specifically provided herein.
43. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and SI
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Planning and Building.
44. The Developer shall submit a street name list consistent with the City's street nm
and subject to the Planning Director's approval prior to final map approval.
45. All garages shall be equipped with automatic garage door openers.
46. The Developer shall submit and obtain Planning Director approval of a unifc
program for this development prior to occupancy of any building.
47. Building identification and/or addresses shall be placed on all new and existing I
so as to be plainly visible from the street or access road; color of identificatiol
addresses shall contrast to their background color.
48. This approval shall become null and void if a final map is not approved for this
within 24 months from the date of project approval.
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PC RES0 NO. 4382 -1 3-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, de,
reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from the City Council effective date of approval to protest impositior
feedexactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required informa
the City Manager for processing in accordance with Carlsbad Municipal Code Section :
Failure to timely follow that procedure will bar any subsequent legal action to attack, re
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
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PC RES0 NO. 4382 -14-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 199,
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, a1
Monroy
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
BAILEY NOB@k, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1 *
e MICHAEL J. HOLZMIL%R
Planning Director
PC RES0 NO. 4382 -15-