HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 4441a 1)
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PLANNING COMMISSION RESOLUTION NO. 4441
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOM-
MENDING APPROVAL OF .A TENTATIVE TRACT MAP TO
CREATE 90 AIRSPACE CONDOMINIUM UNITS ON
RESIDENTIAL PROPERTY LOCATED AT THE NORTH-
EAST CORNER OF AMBROSIA LANE AND POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: BIZINDISI
CASE NO.: CT 97- 17
WHEREAS, Brehm-Aviara HI1 Development Associates, L.P., “DE
has filed a verified application with the City of Carlsbad regarding property owned by
Aviara I11 Development Associates, L.P., “Owner”, described as
Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase 111 Unit
No. 1, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 13434, filed in the office
of the County Recorder of San Diego County, on June 23,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
Map as shown on Exhibit(s) “A” - “0” da.ted December 16, 1998, on file in the
Department, BRINDISI CT 97-17 as provided by Title 20 of the Carlsbad Municipal Cc
WHEREAS, the Planning Commission did, on the 16th day of Decemb
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 ti
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
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 Co
RECOMMENDS APPROVAL of BRINDISI, CT 97-17 based on the
findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdj
condition, is consistent with and satisfies all requirements of the General I
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, ar
space condominium project being created satisfies all minimum require
Title 20 governing public and private infrastructure improvements and 1
designed to comply with all other applicable City regulations.
2. That the proposed project is compatible with the surrounding hture land UI
surrounding properties to the east and. south are designated for multi-family re
development on the General Plan and the surrounding properties to the north
will be developed with a public park.
3. That the site is physically suitable for the type and density of the development
site is adequate in size and shape to accommodate residential development at th
proposed, in that the project site can accommodate the proposed re
development while providing all required setbacks and other amenities req
applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquire(
public at large, for access through or use of property within the proposed subdi!
that the project is designed and conlditioned to avoid conflicts with any est,
easements.
5. That the property is not subject to a contract entered into pursuant to f
Conservation Act of 1965 (Williamson. Act).
6. That the design of the subdivision provides, to the extent feasible, for hture p
natural heating or cooling opportunities in the subdivision, in that the project
an area of predominantly westerly winds and the proposed site design will
residents with adequate air circulation within and surrounding any
residential units.
7. That the Planning Commission has considered, in connection with the housing I
by this subdivision, the housing needs of the region, and balanced those housir
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against the public service needs of the City and available fiscal and envir
resources.
8. That the design of the subdivision and improvements are not likely to cause s’
environmental damage nor substantially and avoidably injure fish or wildlifi
habitat, in that the small amount of native vegetation on site was previously
in the Habitat Loss Permit for Aviara Phase I11 and requires no further mit
9. That the discharge of waste from the subdivision will not result in violation o
California Regional Water Quality Control Board requirements, in that the prc
been designed in accordance with the Best Management Practices for wate
protection in accordance with the City’s sewer and drainage standards
project is conditioned to comply with all applicable National Pollution D
Elimination System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herei
conformance with the Elements of the City’s General Plan, based on the followin
A. Land Use - The project is consistent with the City’s General Plan since the
density of 11 ddac is within the density range of 0-23 ddac specified for t:
indicated on the Land Use Element of the General Plan, and is below thc
control point of 19 du/ac for the project site.
B. Circulation - The interior circulation system is designed to provide 2
access to all units within the proposed subdivision and complies
applicable City design standards.
C. Noise - The proposed residential development has been designed to il
noise wall to mitigate noise impacts from Poinsettia Lane and the prop05
will be constructed to mitigate noise impacts to the interior of the units.
D. Housing - The project is consistent with the Housing Element of the Gent
and the Inclusionary Housing O~rdinance as all affordable housing requi
for Aviara Planning Area 19 are accommodated in the Villa Loma proje
E. Parks and Recreation - The proposed project has been conditioned to pay
lieu fees prior to final map.
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 2
unless the City Council finds that sewer service is available to serve the prc
addition, the project is Conditioned such that a note shall be placed on the f
that building permits may not be issued for the project unless the District 1
determines that sewer service is available, and building cannot occur w:
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project unless sewer service remains available, and the District Engineer is
that the requirements of the Public; Facilities Element of the General Plan 1
met insofar as they apply to sewer service for this project;
B. Statutory School fees will be paid to ensure the availability of school facilil
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 required as c
of approval; and
E. The developer has agreed and is required by the inclusion of an appropriate 1
to pay a public facilities fee. Performance of that contract and payment of th
enable this body to find that public facilities will be available concurrent wit
required by the General Plan.
12. 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 s
requirements established by a Local Facilities Management Plan prepared pu
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as p,
Local Facilities Management Plan for Zone 19.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all co
and modifications to the Tentative Tract Map documents necessary to ma
internally consistent and in conformity with final action on the project. Devt
shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, i
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 Tentative Map copy
submitted to the City Engineer and approved prior to building, grading, final
improvement 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 35” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dew
Permit and signed, approved site plan.
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5. The final map shall not be approved unless the City Council finds as of the timt
approval that sewer service is available to serve the subdivision.
6. Building permits will not be issued fior development of the subject property 1
District Engineer determines that water and sewer facilities are available at th
application for such water and sewer permits and will continue to be available .
of occupancy. A note to this effect shall be placed on the final map.
7. The Developer shall pay the public facilities fee adopted by the City Council or
1987, (amended July 2, 1991) and as amended from time to time, and any dev
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
and Improvement Plan and to fulfill the subdivider’s agreement to pay tl
facilities fee dated September 29,1997 copy of which is on file with the City (
is incorporated by this reference. If the fees are not paid, this application WI
consistent with the General Plan and approval for this project will be void.
8. Prior to approval of a final map or the issuance/approval of a building permit, wl
occurs first, the Developer shall submit evidence to the Planning Director that ir
school facilities have been mitigated in conformance with the City’s
Management Plan to the extent permitted by applicable state law. If the n
involves a financing scheme such as a Mello-Roos Community Facilities Distri
is inconsistent with the City’s Growth Management Plan, including City Counc
Statement No. 38, the Developer shall disclose to future owners in the projec
maximum extent possible, the existence of the tax and that the school district is t:
agency responsible for the financing district.
9. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 19 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
10. If any condition for construction of an:y 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 in1
approval shall be invalid unless the City Council determines that the project wi;
condition complies with all requirements of law.
11. Approval of CT 97-17 is granted subject to the approval of the Mitigated I
Declaration and Mitigation Monitoring and Reporting Program, LCPA 97.
1770, CP 98-10 and CDP 97-46. CT 97-17 is subject to all conditions con1
Planning Commission Resolutions No. 4435, 4437, 4438, and 4439, for the M
Negative Declaration and Mitigation Monitoring and Reporting Progra
177(W), CP 98-10 and CDP 97-46.
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12. The Developer shall establish a homeowner's association and corresponding c
conditions and restrictions. Said CC&Rs shall be submitted to and approvc
Planning Director prior to final map approval. Prior to issuance of a building I
Developer shall provide the Planning Department with a recorded copy of tk
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement by the City. The City shall have the right, bur
obligation, to enforce those Protective Covenants set forth in this Declaratiol
of, or in which the City has an interest.
B. Failure of Association to Maintain. Common Area Lots and Easements. In
that the Association fails to maintain the "Common Area Lots ar
Association's Easements'' as provided in Article , Section -
the City shall have the right, but not the duty, to perform the necessary mail
If the City elects to perform such maintenance, the City shall give written
the Association, with a copy thereof to the Owners in the Project, setting f;
particularity the maintenance which the City finds to be required and reque
same be carried out by the Association within a period of thirty (30) days
giving of such notice. In the event that the Association fails to carry
maintenance of the Common Area Lots andor Association's Easements M
period specified by the City's notice, the City shall be entitled to cause suck
be completed and shall be entitled to reimbursement with respect thereto
Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perfol
necessary maintenance to either Common Area Lots andor Association's Ea
the City shall submit a written invoice to the Association for all costs incurrc
City to perform such maintenance of the Common Area Lots and or Asso
Easements. The City shall provide a copy of such invoice to each Ownc
Project, together with a statement that if the Association fails to pay such ir
full within the time specified, the City will pursue collection against the 0)
the Project pursuant to the provisions of this Section. Said invoice shall be
payable by the Association within twenty (20) days of receipt by the Associ;
the Association shall fail to pay such invoice in full within the period s
payment shall be deemed delinquent and shall be subject to a late charge in ar
equal to six percent (6%) of the amount of the invoice. Thereafter the C
pursue collection from the Association by means of any remedies available i
in equity. Without limiting the generality of the foregoing, in addition to
rights and remedies available to the City, the City may levy a special as:
against the Owners of each Lot in the Project for an equal prorata share of the
plus the late charge. Such special assessment shall constitute a charge on the
shall be a continuing lien upon each Lot against which the special asses:
levied. Each Owner in the Project hereby vests the City with the right and I
levy such special assessment, to impose a lien upon their respective Lot and
all legal actions and/or to pursue lien foreclosure procedures against any OP
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hisher respective Lot for purposes of collecting such special asses
accordance with the procedures set forth in Article of this Declara
D. A statement to the effect that no enclosed or unenclosed additions
allowed at any time by any owners, successors in interest, and/or ot
except for the allowance shown on the approved “Trellis/Patio Cow
Plan”.
13. Prior to the issuance of the building permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sa
of the Planning Director, notifying all interested parties and successors in intere!
City of Carlsbad has issued a Mitigated Negative Declaration, Mas1
Amendment, Tentative Tract Map, Condominium Permit and Coastal Devc
Permit by Resolutions No. 4435,4437, 4441 4438 and 4439 on the real properl
by the Developer. Said Notice of Resltriction shall note the property description,
of the file containing complete project details and all conditions of approval a
any conditions or restrictions specified for inclusion in the Notice of Restricti
Planning Director has the authority to execute and record an amendment to tl
which modifies or terminates said notice upon a showing of good cause by the I:
or successor in interest.
14. The Developer shall prepare a detailed landscape and irrigation plan in conform:
the approved Preliminary Landscape :Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all1 landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, t~
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s improvement and grading plans.
16. 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. In addil
sales office shall prominently display the approved “Trellis/Patio P1
Maintenance Responsibilities”. Prim to the issuance of a certificate of occ
for any units, an inspection shall be made by Planning Department staff tc
compliance with this condition. During the course of subsequent final ins,
and occupancy approvals by the Planning Department, random monitor
periodic inspections of the sales office shall be made by Planning Departml
to ensure continued compliance with this condition. If the sales office is fou
not in compliance with this condition at any time, certificate of occupancy ap
shall be suspended by the Planning Director until compliance is achievec
satisfaction of the Planning Director..
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17. Maintenance responsibilities for the common areas (to be maintainec
homeowners’ association) and for the exclusive use areas (to be maintainc
individual airspace unit owners)l shall be as delineated on the :
“Trellis/Patio Plan and Maintenance Responsibilities” exhibit, and this in%
shall also be shown on the detailed landscape plan and the final grading
this project. The Condominium Plan (filed with the Department of Re2
shall be in conformance with the “Trellis/Patio Cover and Maintenance
sibilities” exhibit.
18. All sales maps that are distributed or made available to the public shall include 1:
limited to trails, future and existing schools, parks and streets.
19. 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
may be subject to noise impacts from the existing Transportation Corridor, P
Lane, in a form meeting the approval of the Planning Director and City Attome)
20. Prior to recordation of the final map, the applicant shall be permitted to construct
homes provided that:
A. All grading and improvements required for the model homes are consistent
approved tentative map;
B. All grading, improvement and landscape plans for the model home area are I
prior to the issuance of building permits;
C. Prior to issuance of any permits, il demolition bond is posted covering all
required to retum the site to its previous, undeveloped condition should the n:
~ final or be abandoned; and
D. All requirements of the Building, ’Water and Fire Departments be fulfilled, i
the provisions of sewer and water service.
Enpineering:
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.
21. Prior to issuance of any building permit, the developer shall comply c
requirements of the City’s anti-graffiti program for wall treatments if and whel
program is formerly established by the City.
22. There shall be one final subdivision map recorded for this project.
23. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees from any claim, action or proceeding against the City or its
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officers, or employees to attack, set aside, void or null an approval of the
Planning Commission or City Engineer which has been brought against the C
the time period provided for b.y Section 66499.37 of the Subdivision Map Act.
24. The developer shall provide an acceptable means for maintaining the private t
within the subdivision and all the private: streets, sidewalks, street lights, st(
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties P
subdivision. Adequate provision for such maintenance shall be included with th
subject to the approval of the City Engineer.
25. The owner shall record a deed restriction on the property which relates to the
cross lot drainage shown on the tentative map. The deed restriction document s
a form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuit
underlying property owner; and
C. That all future use of the property along the drainage course
restrict, impede, divert or otherwise alter drainage flows in a ma
will result in damage to the underlying and adjacent propertiL
creation of a public nui,, c-ance.
26. Prior to hauling dirt or construction material to our from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
27. Rain gutters must be provided to convey roof drainage to an approved drainage (
street to the satisfaction of the City Engineer.
28. The developer shall install sight distan.ce corridors at all street intersections in acc
with Engineering Standards and shall record the following statement on the Fi
(and in the CC&Rs).
,
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inch
the street level may be placed or permitted to encroach within the area il
as a sight distance corridor in accordance with City Standard Public Stree
Criteria, Section 8 B.3. The underlying property owner shall main
condition.”
~ FeedAPreements
29. The developer shall pay all current fee:; and deposits required.
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1 I( 30. The owner of the subject property shall execute an agreement holding the City
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31.
32.
regarding drainage across the adjacent property.
The subject property is within the boundaries of Assessment District No. 8
Road). Upon the subdivision of land within the district boundaries, the owner
through assessments to subsequent owners & if the owner has executed
Assessment District Pass-through Authorization Agreement. Said Agreernenl
provision regarding notice to potential buyers of the amount of the assessment
provisions and requires the owner to have each buyer receive and execute a
Assessment and an Option Agreement. In the event that the owner does not el
Authorization Agreement, the assessment on the subject property must be paid
by the owner prior to final map approval.
As required by state law, the subdivider shall submit to the City an applic
segregation of assessments along with. the appropriate fee. A segregation is no1
if the developer pays off the assessment on the subject property prior to the recol
the final map. In the event segregation of assessments is not recorded an pr
subdivided, the full amount of assessment will appear on the tax bills of new lot.
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34. Prior to approval of any grading or building permits for this project, the owner I 13
33. The owner shall execute a hold harmless agreement for geologic failure.
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
15 District No. 1 on a form provided by the City.
16 Gradinc
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35. No grading for private improvements; shall occur outside the limits of the sul
unless a grading or slope easement or agreement is obtained from the owne:
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 develc
either amend the tentative map or modify the plans so grading will no occur ou
project site in a manner which substantially conforms to the approved tentativc
determined by the City Engineer and Planning Director.
21
22 Dedications/Immovements
23 36. The owner shall grant the City an irrevocable 15' wide construction, drain
slope easement along the north side of this project to accommodatt
24 development of the City park site. After completion of the park, the easen
be quitclaimed except for that portion necessary to serve the ultimate desig
25 City Park.
26 37. The owner shall grant a 20' drainage easement across Lots 1, 2 and 5 to SI
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City park site.
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38. The owner shall grant a covenant of easement for general access, utilities and
easement as shown on the tentative m.ap. The covenant of easement shall be s:
recording information called out on the final map.
39. Additional drainage easements may be required. Drainage structures shall be PI
installed prior to or concurrent with any grading or building permit as may be re
the City Engineer.
40. The owner shall make an offer of dedication to the City for all public st
easements required by these conditions or shown on the tentative map. The offe
made by a certificate on the final map for this project. All land so offered
granted to the City free and clear of all liens and encumbrances and without CI
City. Streets that are already public are not required to be rededicated.
41. Direct access rights for all lots abuttilng Poinsettia Lane and Ambrosia Lam
waived on the final map, (except access as shown on the tentative map).
42. The developer shall comply with the City’s requirements of the National
Discharge Elimination System ODES) permit. The developer shall pro\
management practices as referred in the “California Storm Water Best Mar
Practices Handbook” to reduce surface pollutants to an acceptable level prior to (
to sensitive areas. Plans for such improvements shall be approved by the City 1
Said plans shall include but not be limited to notifying prospective owners and t
the following:
A. All owners and tenants shall coordinate efforts to establish or u
established disposal programs to remove any properly dispose of.
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, n:
antifreeze, solvents, pa:ints, paint thinners, wood preservatives, a
such fluids shall not be discharged into any street, public or privatc
storm drain or storm water conveyance systems. Use and dis
pesticides, fungicides, herbicides, insecticides, fertilizers and ot
chemical treatments shall meet Federal, State, County a:
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reducc
pollutants when planning any changes to the landscaping and
improvements.
43. 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 1
by law, improvements shown on the tentative map and the following improvemer
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0 The storm drain system in “E” Street to the park site and corn
existing public storm drain in Cassia Road.
0 Additional Improvements to Ambrosia Lane, Poinsettia Lane, (
Road along the frontage of this project as required or damaged c
development of this project.
A list of the above improvements shall be placed on an additional map sheet on
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Irnprc
listed above shall be constructed within 18 months of approval of the
improvement agreement of such other time as provided in said agreement.
44. The developer shall install street lights along all public and private street fro
conformance with City of Carlsbad Standards.
45. The developer shall install sidewalks along all public streets abutting the 1
conformance with City of Carlsbad Stamdards prior to occupancy of any building
46. Prior to occupancy of any buildings, the developer shall install wheelchair ram
public street comers abutting the su.bdivision in conformance with City of
Standards.
47. The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fee:
paid prior to approval of the final map for this project.
Final Map Notes
48. Note(s) to the following effect(s) shall be placed on the final map as non-mappini
A. All improvements within boundaries of this subdivision are privately ov
are to be privately maintained with the exception of
1. Sewer and Water main lines within the public easements grant(
City.
2. Storm Drain (trunk line only) within the public easement grant(
City. The public storm drain extends from the City park site .
project across lots 1,2, and lot 5
3. Note: Public sewer, water & storm drain mains identified a1
shown on the tentative map.
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inchc
the street level may be placed or permitted to encroach within the area ic
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as a sight distance corridor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall main
condition.
C. Building permits will not be issued for development of the subject proper
the District Engineer determines that water and sewer facilities are availal
Water
49. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The Si
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
50. The developer shall provide detailed information to the District Engineer regardi
demand, irrigation demand, fire flow demand in gallons per minute, and project1
flow in million gallons per day.
5 1. All District pipelines, pump stations, pressure reducing stations, water met’
appurtenances required for this project by the District shall be within public righi
or within easements, on private street “A”, granted to the District or the City of C:
- Fire
52. The developer shall install signs on the private street to indicate parking is pern
only one side of the street in accordance with Carlsbad Municipal Code 17.04.02C
53. All required water mains, fire hydrants and appurtenances shall be operationa
combustible building materials are located on the construction site.
54. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire s
systems and other fire protection systems shall be submitted to the Fire Departr
approval prior to construction.
55. Automatic sprinklers shall be installed :in all buildings required by the Fire Marshi
General:
56. 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 oc(
issued under the authority of approvals here in granted; institute and prosecute li
to compel their compliance with said conditions or seek damages of their violati
vested rights are gained by Developer or a successor in interest by the City’s app
this Mitigated Negative Declaration, ]Mitigation Monitoring and Reporting PI
PC RES0 NO. 4441 -13-
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Master Plan Amendment, Tentative Map, Condominium Permit, and
Development Permit.
Standard Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not
the following:
57. The developer shall exercise special care during the construction phase of this 1
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
58. The Developer shall pay a landscape plan check and inspection fee as required b
20.08.050 of the Carlsbad Municipal Code.
59. Approval of this request shall not excuse compliance with all applicable sectic
Zoning Ordinance and all other applicable City ordinances in effect at time oi
permit issuance, except as otherwise specifically provided herein.
60. The project shall comply with the latest non-residential disabled access reqL
pursuant to Title 24 of the State Building Code.
61. All landscape and imgation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
62. Any signs proposed for this development shall at a minimum be designed in con.
with the City’s Sign Ordinance and the Aviara Master Plan and shall requil
and approval of the Planning Director prior to installation of such signs.
63. The developer shall exercise special care during the construction phase of this I:
prevent offsite siltation. Planting and erosion control shall be provided in ac,
with the Carlsbad Municipal Code and the City Engineer.
64. The tentative tract map approval shaH expire twenty-four (24) months from th
the City Council Resolution containing the final decision for tentative tr
approval.
NOTICE TO APPLICANT
Please take NOTICE that approval of your project includes “imposition” of the follow
dedications, reservations, or other exactions. All fees herein imposed are payable at
Permit issuance, except Drainage Fees, which are paid prior to final map approval. The
set forth below are estimates; the final, actual amount due may vary, depending on tE
formula variables, including the fee itself, at time of payment. The City reserves the
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modify the fee, dedication, reservation, exaction, or an element thereof, to the extent 1
by law.
You have 90 days from date of final approval, as defined by the Code of Civil 1
81094.6 Notice pursuant to Carlsbad Municipal Code Section 1.16.010(f), to protest irj
of these fee/exactions. If you protest them, you must follow the protest procedure se'
Government Code Section 66020(a), and file the protest and any other required infonna
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 and
DOES NOT APPLY to water and sewer co~vlection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fetes or exactions of which you have previou
given a NOTICE similar to this, or as to which the statute of limitations has PI
otherwise expired.
PASSED, APPROVED AND ADOPTED at 16th day of December 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, A
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
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BAILEY NO@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
28 11 PC RESONO. 4441 -1 5-