HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 46201
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
0 0
PLANNING COMMISSION RESOLUTION NO. 4620
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN SDP 98-19 TO
ALLOW A 157-UNIT APARTMENT DEVELOPMENT ON
PROPERTY GENERALLY LOCATED ADJACENT TO EL
CAMINO REAL JUST SOUTH OF CASSIA ROAD IN LOCAL
FACILITIES MANAGEMENT ZONES 21 AND 10.
CASE NAME: MANZANITA APARTMENTS
CASE NO.: SDP 98-19
WHEREAS, Manzanita Partners, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Bons Revocabll
Trust and Manzanita Partners, LLC, “Owners”, described as
a portion of the NE and SE % of the SW % of Section 23, T12S,
R4W, SBM, County of San Diego
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Devl
Plan as shown on Exhibit(s) “A” - “X” dated September 15, 1999, on file in the
Department, MANZANITA APARTMENTS, SDP 98-19 as provided by
21.06/Section 21 S3.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of Septemb
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 t
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to the Site Development Plan.
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 :
Commission RECOMMENDS APPROVAL of MANZANITA t:
I1 e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MENTS, SDP 98-19 based on the following findings and subject
following conditions:
Findinps:
1. The Planning Commission finds that the project, as conditioned herein,
conformance with the Elements of the City’s General Plan, based on the fac
forth in the staff report dated September 15, 1999 including, but not limited t
following:
A. Land Use - The project is consistent with the City’s General Plan sinc
proposed density of 5.1 ddac is within the density range of 4-8
specified for the site as indicated on the Land Use Element of the General
and below the 6 ddac growth control point.
B. Circulation - The circulation system is designed to provide adequate accl
the proposed units, and complies with all applicable City design standard,
C. Housing - The project is consistent with the Housing Element of the Gt
Plan and the Inclusionary Housing Ordinance as the Developer has
conditioned to enter into an Affordable Housing Agreement and w:
constructing 24 rental units on-site as affordable to lower-income househi
2. The project is consistent with the City-Wide Facilities and Improvements Plan,
Facilities Management Plan for Zone 21 and all City public facility poll
ordinances. The project includes elements or has been conditioned to cor
provide hnding to ensure that all facilities and improvements regarding: sewer (
and treatment; water; drainage; circulation; fire; schools; parks and other re(
facilities; libraries; government administrative facilities; and open space, relat
project will be installed to serve new development prior to or concurrent w
Specifically,
A. The project has been conditioned to provide proof from the Carlsbac
School District that the project has satisfied its obligation for school facil
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 2
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 a
collected prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 21 is required by
Municipal Code Section 21.90.050 and will be collected prior to is:
building permit.
3. The project is consistent with the Comprehensive Land Use Plan (CLUP
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the
shall record a notice concerning aircraft noise. The project is compatible
projected noise levels of the CLUP; and, based on the noise/land use compatibil
~ 1) PC RES0 NO. 4620 -2-
II 0 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
of the CLUP, the proposed land use is compatible with the airport, in that the prc
is outside of the 60 dBA CNEL noise contour.
4. That the project is consistent with the City’s Landscape Manual (Carlsbad h
Code Section 14.28.020 and Landscape Manual Section I B).
5. That the requested use is properly related to the site, surroundings and envirl
settings, is consistent with the various elements and objectives of the General I
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, SLU-~OUI
traffic circulation, in that the proposed project has been designed to preserve
habitat, and has been designed to be compatible with the scale and dc
surrounding existing andor anticipated developments.
6. That the site for the intended use is adequate in size and shape to accommodate t:
that the project has been designed to provide all necessary setbacks and sey
between structures and to satisfy all requirements for parking, landscap
other amenities.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the project incorporates all required front, ~
rear setbacks, and incorporates landscaping along El Camino Real and
locations consistent with the Landscape Guidelines Manual, and no walls 1
are necessary to make the use compatible with surrounding existing or futul
8. That the street system serving the proposed use is adequate to properly handle
generated by the proposed use, in that all necessary circulation system imprc
will be provided to City standards, access to the site will be from Cassia
emergency access roadway will be provided, and the proposed projec
includes adequate parking for the use.
9. That this project could have a potentially significant negative cumulative traff
on the Palomar Airport RoadEl Camino Real intersection. However, this PI
been conditioned to pay its fair share of the “short-term improvements”
guaranteeing implementation of a mitigation measure that reduces the potential
a level of insignificance.
10. The Planning Commission has reviewed each of the exactions imposed on the 1
contained in this resolution, and hereby finds, in this case, that the exactions arc
to mitigate impacts caused by or reasonably related to the project, and the exte
degree of the exaction is in rough proportionality to the impact caused by the prc
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approt
map or issuance of the first building permit, whichever comes first.
1. If any of the following conditions fail to occur; or if they are, by their ter
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have tk 1 PC RES0 NO. 4620 -3-
8 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
I
revoke or modify all approvals herein granted; deny or further condition issua:
future building permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute lit
compel their compliance with said conditions or seek damages for their viol
vested rights are gained by Developer or a successor in interest by the City’s ar
this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all cc
and modifications to the Site Development Plan document(s) as necessary to IT
internally consistent and in conformity with the final action on the project. De\
shall occur substantially as shown on the approved Exhibits. Any proposed de\
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or thc
of any fees in-lieu thereof, imposed by this approval or imposed by law on th
are challenged, this approval shall be suspended as provided in Government COC
66020. If any such condition is determined to be invalid this approval shall 1
unless the City Council determines that the project without the condition coml
all requirements of law.
5. The Developer shall implement, or cause the implementation of, all mitigation :
contained in the Project Mitigation Monitoring and Reporting Program.
6. The Developer/Operator shall and does hereby agree to indemnify, protect, dl
hold harmless the City of Carlsbad, its Council members, officers, employees, a]
representatives, from and against any and all liabilities, losses, damages, demanc
and costs, including court costs and attorney’s fees incurred by the City arisini
or indirectly, from (a) City’s approval and issuance of this Zone Change, Loca
Program Amendment, Site Development Plan, Special Use Permit,
Development Permit, and Coastal Development Permit, (b) City’s apl
issuance of any permit or action, whether discretionary or non-discreti
connection with the use contemplated herein, and (c) Developer/Operator’s ir
and operation of the facility permitted hereby, including without limitation, a]
liabilities arising from the emission by the facility of electromagnetic fields
energy waves or emissions.
7. The Developer shall submit to the Planning Director a reproducible 24” x 3
copy of the Site Plan reflecting the conditions approved by the final decisio
body.
8. The Developer shall include, as part of the plans submitted for any permit pla~
reduced legible version of all approving resolution(s) in a 24” x 36” bluelinl
format (including any applicable Coastal Commission approvals).
PC RES0 NO. 4620 -4-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
9. Prior to the issuance of a building permit, the Developer shall provide pro
Director from the School District that this project has satisfied its obligation tm
school facilities.
10. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 21 Local Facilities Management Plan and any amendment;
that Plan prior to the issuance of building permits.
11. Approval of SDP 98-19 is granted subject to the approval of the Mitigated
Declaration and Mitigation Monitoring and Reporting Program and Zl
LCPA 98-06, SUP 98-06, HDP 98-18, and CDP 98-73, and the parcel map o
adjustment which consolidates the two western parcels, and is subjel
conditions contained in the Mitigated Negative Declaration and the M
Monitoring and Reporting Program and Planning Commission Resolut
4617, 4618, 4619, 4621, 4622, and 4623, and the City Engineer’s approv
parcel map or lot line adjustment.
12. Building permits will not be issued for this project unless the local agency 1
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the proj
time of the application for the building permit, and that water and sewer cap;
facilities will continue to be available until the time of occupancy.
13. If a grading permit is required, all grading activities shall be planned in units
be completed by October 1st. Grading activities shall be limited to the “dry
April 1st to October 1st of each year. Grading activities may be extt
November 15th upon written approval of the City Engineer and only if al:
control measures are in place by October 1st.”
14. Prior to the approval of the final map for any phase of ths project, or where a m
being processed, prior to the issuance of building permits for any lots or u
Developer shall enter into an Affordable Housing Agreement with the City to pro
deed restrict 24 dwelling units (such units to be dispersed throughout the deve
such that no single building will contain more than 6 affordable units) as a:
to lower-income households for the usehl life of the dwelling units, in accorda
the requirements and process set forth in Chapter 21.85 of the Carlsbad Municir
The draft Affordable Housing Agreement shall be submitted to the Planning Di
later than 60 days prior to the request to final the parcel map or lot line adjustm
recorded Affordable Housing Agreement shall be binding on all future ow
24 I/ successors in interest.
25
26
28
16. The Developer shall construct the required inclusionary units concurrent 7 27
more than 5 rent-restricted, lower-income inclusionary units.
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.
15. The required inclusionary housing units to be constructed for this project
dispersed throughout the development such that no single building will
PC RES0 NO. 4620 -5-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
17.
18.
19.
20.
21.
22.
23.
1 24.
The Developer shall submit and obtain Planning Director approval of a Final L
and Irrigation Plan showing conformance with the approved Preliminary Lands
and the City’s Landscape Manual. The Developer shall construct and j
landscaping as shown on the approved Final Plans, and maintain all landsca
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursua
landscape plan check process on file in the Planning Department and accompan:
project’s building, improvement, and grading plans.
The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit Distric
Planning Director. Said facilities, if required, shall be free from advertising
include at a minimum include a bench and a pole for the bus stop sign. The
shall be designed to enhance or be consistent with basic architectural then
project.
Prior to approval of the grading permit, the Developer shall: 1) consult with tl
States Fish and Wildlife Service (USFWS) regarding the impacts of the Projec
obtain any permits required by the USWFS.
Prior to the issuance of the first building permit, Developer shall submit to t
Notice of Restriction to be filed in the office of the County Recorder, subjc
satisfaction of the Planning Director, notifLing all interested parties and succ
interest that the City of Carlsbad has issued a Site Development Plan, Spc
Permit, Hillside Development Permit, and Coastal Development Pe
Resolution(s) No. 4620, 4621, 4622, and 4623 on the real property owne
Developer. Said Notice of Restriction shall note the property description, locat:
file containing complete project details and all conditions of approval as we
conditions or restrictions specified for inclusion in the Notice of Restricl
Planning Director has the authority to execute and record an amendment to t
which modifies or terminates said notice upon a showing of good cause by the I
or successor in interest.
Prior to the recordation of the first final parcel 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 proposed or existing Transportation Cc
a form meeting the approval of the Planning Director and City Attorney (see Nc
#1 on file in the Planning Department).
Prior to the recordation of the first final parcel 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 McClellar
Airport, in a form meeting the approval of the Planning Director and the City
(see Noise Form #2 on file in the Planning Department).
The Developer shall post aircraft noise notification signs in all sales and/or rent
associated with the new development. The number and locations of said sign:
approved by the Planning Director (see Noise Form #3 on file in the
Department).
I pc RESO No- 4620
-6-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
25. The Developer shall construct trash receptacle and recycling areas enclosed by
high masonry wall with gates pursuant to City Engineering Standards and
Municipal Code Chapter 21.105. Location of said receptacles shall be approv
Planning Director. Enclosure shall be of similar colors and/or materials to the
the satisfaction of the Planning Director.
26. No outdoor storage of materials shall occur onsite unless required by the F
When so required, the Developer shall submit and obtain approval of the Fire
the Planning Director of an Outdoor Storage Plan, and thereafter comply
approved plan.
27. The Developer shall submit and obtain Planning Director approval of an exteric
plan including parking areas. All lighting shall be designed to reflect down
avoid any impacts on adjacent homes or property.
28. Compact parking spaces shall be located in large groups, and in locations clear1
to the satisfaction of the Planning Director.
29. Developer shall construct, install and stripe not less than 366 parking spacl
enclosed garages, 101 in carports and 174 open uncovered), as shown on E
and C.
30. All visitor parking spaces shall be striped a different color than the assignec
parking spaces and shall be clearly marked as may be approved by the Planning
31. Prior to approval of the grading permit, final map, or building permit, P
comes first, the Developer shall submit to the Planning Director a le1
SDG&E granting permission for the use of a portion of the high power tral
line easement for provision of required parking for the project for a minil
50-year time period.
32. The Developer shall pay his fair share for the “short-term improvements”
Camino Real/ Palomar Airport Road intersection prior to the issuance of
permit. The amount shall be determined by the methodology ultimately SE
Council, including but not limited to, an increase in the city-wide traffic impa
increased or new Zone 21 LFMP fee; the creation of a fee or assessment d
incorporation into a Mello-Roos taxing district.
33. Prior to the issuance of a grading permit or a building permit, which evc
first, the Developer shall execute a document or documents to the satisfacti
Planning Director and the City Attorney which accomplish at a mini]
following:
A. continued ownership by the Developer or it’s successors in interest in 01
until some future date at which time ownership will be transferred to th
its designee for perpetual maintenance;
B. while in continued private ownership, active maintenance to pro
preserve the quality of the habitat (including but not limited to rt
prevention of trespass); and,
PC RES0 NO. 4620 -7-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C. transfer of ownership and maintenance responsibility at some future di
City or its designee simultaneously with transfer of funding or other ac
financial mechanism to provide for management and conservation in pc
(The cost of management is currently estimated to be approximately $'
acre per year.)
34. The Developer shall revise the project plans to provide adequate screenil
proposed development from El Camino Real to the satisfaction of the
Director.
35. Management shall impose, enact, and enforce provisions preventing 1
conditions on all balconies facing El Camino Real to the satisfaction of the
Director.
Engineering:
36. Prior to issuance of any building permit, the developer shall comply
requirements of the City's anti-graffiti program for wall treatments if and whl
program is formerly established by the City.
37. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all cond
requirements the City Engineer may impose with regards to the hauling operatio
38. Rain gutters must be provided to convey roof drainage to an approved drainage
street to the satisfaction of the City Engineer.
39. The developer shall install sight distance corridors at all street intersections in a(
with Engineering Standards.
A. "NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches
street level may be placed or permitted to encroach within the area ident
sight distance corridor in accordance with City Standard Public Stre
Criteria, Section 8.B.3."
40. The developer shall pay all current fees and deposits required.
41. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
42. Prior to approval of any grading or building permits for this project, the owner
written consent to the annexation of the area shown within the boundari
subdivision plan into the existing City of Carlsbad Street Lighting and La
District No. 1 on a form provided by the City.
43. This project is located within the boundary of the Aviara Parkway - Poinsc
Bridge and Thoroughfare Fee District. The developer is required to pay a
contribution towards the improvements identified in the district in accordance
approved fee program.
PC RES0 NO. 4620 -8-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
44. Based upon a review of the proposed grading and the grading quantities shown c
plan, a grading permit for this project is required. The developer must submit ar
approval for grading plans in accordance with city codes and standards prior tc
of a building permit for the project.
45. Developer shall submit proof to the City Engineer that a Notice of Intention
submitted to the State Water Resources Control Board.
46. No grading for private improvements shall occur outside the limits of the projec
grading or slope easement or agreement is obtained fiom the owners of the
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 site plan or modify the plans so grading will not occur OL
project site in a manner which substantially conforms to the approved sit€
determined by the City Engineer and Planning Director.
47. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be re(
the City Engineer.
48. The owner shall make an offer of dedication to the City for all public str
easements required by these conditions or shown on the site plan. The offer
made prior to the issuance of any building permit for this project. All land sc
shall be granted to the City free and clear of all liens and encumbrances and wit:
to the City. Streets that are already public are not required to be rededicated.
49. El Camino Real shall be dedicated by the owner along the project frontage ba
center line to right-of-way width of 63 feet and in conformance with City of 1
Standards.
50. Cassia Road shall be dedicated by the owner along the project frontage based on
line to right-of-way width of 30 feet and in conformance with City of 1
Standards.
5 1. Additional right-of-way may be required to accommodate the offsite impro.
of dual left turn lanes from northbound El Camino Real to westbound Cami
Roble in conformance with City of Carlsbad Standards as required by t
Engineer.
52. Prior to issuance of building permits, the developer shall underground all
overhead utilities along the project boundary.
53. Direct access rights for the project fiontage with El Camino Real shall be Wi
separate deed or document prior to building permit issuance.
54. The developer shall comply with the City's requirements of the National F
Discharge Elimination System (NPDES) permit. The developer shall prov.
management practices as referenced in the "California Storm Water Best Man;
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be approved by the City E
PC RES0 NO. 4620 -9-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Said plans shall include but not be limited to notifying prospective owners and 1
the following:
A. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of 1
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, n
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or into st1
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments s
Federal, State, County and City requirements as prescribed in their r
containers.
C. Best Management Practices shall be used to eliminate or reduce surface I
when planning any changes to the landscaping and surface improvements
55. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the site plan and the following improvements:
ON-SITE
A) Full width improvements to both sides of El Carnino Real along the
including transitions as approved by the City Engineer. Improve1
include but not be limited to grading, landscape, irrigation and c
curb, gutter & sidewalk, Fully improved median, and traffic signals (
signal relocation.
B) % street improvements to Cassia Rd. from El Camino Real to the
boundary of this project including but not limited to grading, la
irrigation and drainage, curb, gutter & sidewalk and transition to
improvements.
C) Extension of a public sewer to serve adjacent development is req
utility plan to show alternate routes and service connections
submitted to resolve future connection and service issues.
D) Downstream drainage improvements or maintenance of existing (
desiltatioddetention basins may be required. Increased runoff f~
project or diversion of runoff shall be designed to not impact
facilities beyond the acceptable capacity.
E) Downstream erosion protection will be required as part of the fin:
for this project. Additional Drainage improvements to include bu
limited to D-41 outlet structures and energy dissipaters that requirt
no maintenance as required by the City Engineer.
I pc REso No. 4620
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
OFF-SITE
F) Dual left turn improvements on El Camino Real (northbound) at
Vida Roble. Improvements may include but not be limited to
drainage, curb and/or AC berms, traffic signing and striping, anc
signal reconstruction. Right-of-way may also be required to accon
the proposed improvements. A reimbursement agreement is avail
these improvements.
G) Improvements to west side of El Camino Real shall extend southc
connect to Poinsettia Lane improvements as shown on CT 97-15 Dw
6. Reimbursement for offsite construction and improvements !
available.
Note: If reimbursement agreements are applicable for the above mc
improvements to El Camino Real and to Camino Vida Roble, the develol
obtain approval from the City for such agreements prior to approval
improvement plans for this project.
Improvements listed above shall be constructed within 18 months of approv;
secured improvement agreement or such other time as provided in said agreement
56. Prior to occupancy of any buildings, the developer shall install wheelchair ram1
public street comers abutting the project site in conformance with City of (
Standards.
57. The structural section for the access aisles must be designed with a traffic index I
accordance with City Standards due to truck access through the parking area and
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 .
as part of the building site plan review.
58. Drainage outfall end treatments for any drainage outlets where a direct access I
maintenance purposes is not provided, shall be designed and incorporated I
gradinghmprovement plans for the project. These end treatments shall be design
to prevent vegetation growth from obstructing the pipe outfall. Designs could con
modified outlet headwall consisting of an extended concrete spillway sectic
longitudinal curbing and/or radially designed rip-rap, or other means deemed appr
as a method of preventing vegetation growth directly in front of the pipe outlet
satisfaction of the Community Services Director and the City Engineer.
Water:
59. Prepare and submit a colored recycled water use area map and submit this mal
Planning Department for processing and approval by the District.
60. This project is approved upon the expressed condition that building permits will
issued for development of the subject property unless the District servi
development has adequate water and sewer capacity available at the time develop
~ PC RES0 NO. 4620 -1 1- I
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to occur, and that such water and sewer capacity will continue to be available
of occupancy.
61. Water, Sewer and Imgation laterals shall be located in accordance with City an
Standards to the satisfaction of the Deputy City Engineer - Utilities.
62. Laterals for Fire Detector Check Valve Assemblies shall be located within eas
accordance with all City and District Standards to the satisfaction of the De
Engineer - Utilities. The locations to be approved may require additional
dedication to the District.
63. All water, sewer and recycled water improvements shall be designed and cc
substantially as shown on the Site Development Plan in accordance with all
District Standards to the satisfaction of the Deputy City Engineer - Utilities.
64. The Developer will be responsible for extending the existing 8’ PVC seweI
across El Camino Real substantially as shown on the Site Development
accordance with all City and District Standards to the satisfaction of the De]
Engineer - Utilities.
Code Reminders:
This project is subject to all applicable provisions of local ordinances, including but nc
to the following code requirements:
65. The Developer shall be responsible for all fees, deposits and charges whick
collected before andor 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.
66. 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.
67. The Developer shall pay a landscape plan check and inspection fee as required b
20.08.050 of the Carlsbad Municipal Code.
68. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
69. Prior to issuance of building permits, the developer shall underground all
overhead utilities along and within the project boundary.
70. Approval of this request shall not excuse compliance with all applicable sectio~
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
71. All roof appurtenances, including air conditioners, shall be architecturally integl
concealed from view and the sound buffered from adjacent properties and SI
PC RES0 NO. 4620 -12-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
substance as provided in Building Department Policy No. 80-6, to the satisfact
Directors of Community Development and Planning.
72. Prior to occupancy of the first dwelling unit the Developer shall provide a1
passive and active recreational areas per the approved plans, including landsc
recreational facilities.
73. Addresses, approved by the Building Official, shall be placed on all new anc
buildings so as to be plainly visible from the street or access road; color of ider
and/or addresses shall contrast to their background color, as required by
Municipal Code Section 18.04.320.
74. Any signs proposed for this development shall at a minimum be designed in cor
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“feedexactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure ’
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/’
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 feedexactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
...
It **. 24
25
26
27
28
...
...
...
...
...
PC RES0 NO. 4620 .13-
b II a e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 15th day of September,
the following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heurc
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. KEINEMAN, Chairperson
-. .
CAR1;SBAD PLANNING COMMISSION
ATTEST:
\
Planning Director
11 PC RES0 NO. 4620 -14-