Loading...
HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 4614? 0 a 7 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 PLANNING COMMISSION RESOLUTION NO. 4614 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 3.96 ACRES INTO 9 SINGLE FAMILY RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED NORTH OF SEAVIEW WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: SEAVIEW 9-LOT SUBDIVISION CASE NO.: CT 98-21 WHEREAS, MSK Management, Inc., “Developer”, has filed a application with the City of Carlsbad regarding property owned by Hisashi Hol Kiyome Honda, Trustees of the Honda Family Trust dated 7/22/97, “Owner”, descr APPROVAL OF CARLSBAD TRACT NUMBER CT 98-21 TO A portion of Lot “J” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tenta Map as shown on Exhibit(s) “A” - TC” dated October 20, 1999 , on file in the Department SEAVIEW 9-LOT SUBDIVISION CT 98-21, as provided by Title Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of Octo1 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 and arguments, if any, of persons desiring to be heard, said Commission considered relating to the Tentative Tract Map. 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. F 1 2 3 4 5 6 7 8 9 0 B) That based on the evidence presented at the public hearing, the Cc 21, based on the following findings and subject to the following conditic RECOMMENDS APPROVAL of SEAVIEW 9-LOT SUBDIVISIO Findinps: 1. That the proposed map and the proposed design and improvement of the subc conditioned, is consistent with and satisfies all requirements of the General applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, ant Subdivision Map Act, and will not cause serious public health problems, in th; being created satisfy all minimum requirements of Title 20 governing lot configurations, the lots have been designed to comply with other applic regulations, and required public facilities and services will be in place c( with development. 10 2. That the proposed project is compatible with the surrounding future land 1 surrounding properties are designated for Residential Low (FU) to Medium Use designation as the project site and the project site will be developed wj 11 family residences consistent with the surrounding properties. 12 (FUM) development on the General Plan, in that this is the same General P 13 14 15 16 17 18 19 20 21 22 23 24 25 3. That the site is physically suitable for the type and density of the developmenl site is adequate in size and shape to accommodate residential development at t proposed, in that the proposal of 9 single family residential units and dwelling units on 3.96 acres is within the growth management control pa dwelling units per acre, that all of the lots are proposed with lot areas tha exceed the minimum requirement of 10,000 square feet, and the project m the requirements of the R-1 zone without the need for a variance from de\ standards. 4. That the design of the subdivision or the type of improvements will not COI easements of record or easements established by court judgment, or acquir public at large, for access through or use of property within the proposed subd that the project is designed and conditioned to avoid conflicts with any er easements. 5. That the property is not subject to a contract entered into pursuant to Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future natural heating or cooling opportunities in the subdivision, in that the project d large lot size along with dominant western wind patternsh-adiation pat allow natural heating and cooling opportunities. 26 27 7. That the Planning Commission has considered, in connection with the housing by this subdivision, the housing needs of the region, and balanced those hou: resources. 28 against the public service needs of the City and available fiscal and envj PC RES0 NO. 4614 -2- I * * e 0 ' 8. That the design of the subdivision and improvements are not likely to cause s habitat, in that there is no sensitive habitat on the site or offsite which the pr 2 impact. 3 environmental damage nor substantially and avoidably injure fish or wildlifi 4 5 6 7 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 pr been designed in accordance with the Best Management Practices for watc protection in accordance with the City's sewer and drainage standards project is conditioned to comply with the National Pollution Discharge Eli System (NPDES) requirements. 8 10. The Planning Commission finds that the project, as conditioned herein for Sc Lot Subdivision CT 98-21, is in conformance with the Elements of the City' 9 Plan, based on the following: 10 11 12 13 14 15 11 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Land Use - The project is consistent with the City's General Plan proposed density of 2.9 ddacre is within the density range of 0-f specified for the site as indicated on the Land Use Element of the Gen and is at or below the growth control point of 3.2. B. Circulation - The circulation system is designed to provide adequate the proposed lots and complies with all applicable City design stand; C. Noise - The project will not generate excessive noise nor will it be s noise levels greater than allowed by the General Plan D. Housing - The project is consistent with the Housing Element of the Gel and the Inclusionary Housing Ordinance as the Developer has been cond enter into an Affordable Housing Agreement to provide and deed restrict dwelling units as affordable to lower-income households. ~ , E. Open Space and Conservation - The project does not require encrc I into any areas of General Plan designated Open Space. 11. F. Public Safety - The project is required to construct public street standards with sidewalks, street lights, and fire hydrants. In add site is safely within the service areas for the provision of public safet: (fire, police). G. Parks and Recreation - The project will pay a contribution to1 provision of parks through a Park-in-Lieu fee The project is consistent with the City-Wide Facilities and Improvements Plan, Facilities Management Plan for Zone 1 and all City public facility pol ordinances. The project includes elements or has been conditioned to co provide funding 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, rela 1) PC RES0 NO. 4614 -3- * 1 2 3 4 5 6 a e project will be installed to serve new development prior to or concurrent 7 Specifically, A. The project has been conditioned to provide proof from the Unified School District that the project has satisfied its obli school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chal and will be collected prior to issuance of building permit. 7 8 C. The Public Facility fee is required to be paid by Council Policy ) will be collected prior to the issuance of building permit. 9 12. That the project has been conditioned to pay any increase in public facility fc construction tax, or development fees, and has agreed to abide by any Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avaj 10 11 requirements established by a Local Facilities Management Plan prepared p public facilities and will mitigate any cumulative impacts created by the project 12 13 13. That this project has been conditioned to comply with any requirement approv 14 14. That the property cannot be served adequately with a public street without pad due to unfavorable conditions resulting from unusual topography, surroun 15 development, or lot configuration, in that the panhandle lot configuration is d that the property lines can be located at the tops of slopes rather than at th 16 of slopes and usable front yard areas will be provided for the adjacent lots. 17 15. That subdivision with panhandle lots will not preclude or adversely affect the 18 provide full public street access to other properties within the same block of tl property, in that the proposed public street provides access to adjacent prop( 19 the lot sizes are such that no future subdivisions will occur. 20 16. That the buildable portion of the panhandle lot consists of an area of at lea square feet, which meets the requirements of Section 21.10.080(c) of the of the Local Facilities Management Plan for Zone 1. 21 Municipal Code; 22 23 24 25 26 17. That the front, side, and rear property lines of the panhandle lot, for pu determining required yards, are as shown on Exhibit “B” of the Tentative Map, 18. That any panhandle lot hereby approved satisfies all the requirements o 21.10.080(d) of the Carlsbad Municipal Code. 19. That the project is consistent with the City’s Landscape Manual (Carlsbad I Code Section 14.28.020 and Landscape Manual Section I B). 27 28 20. That this project could have a potentially significant negative cumulati impact on the Palomar Airport Road/El Camino Real intersection. How’ project has been conditioned to pay its fair share of the “short-term improj PC RES0 NO. 4614 -4- I 1 1 2 1 1 2 0 0 thereby guaranteeing implementation of a mitigation measure that red potential impact to a level of insignificance. 3 21. The Planning Commission has reviewed each of the exactions imposed on the C contained in this resolution, and hereby finds, in this case, that the exactions are degree of the exaction is in rough proportionality to the impact caused by the pro, 4 to mitigate impacts caused by or reasonably related to the project, and the exten 5 6 Conditions: 7 8 9 10 11 12 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to appr final map. 1. If any of the following conditions fail to occur; or if they are, by their ten implemented and maintained over time, if any of such conditions fail 1 implemented and maintained according to their terms, the City shall have thc 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 aF this Tentative Tract Map. 14 2. Staff is authorized and directed to make, or require the Developer to make, all c( 15 and modifications to the Tentative Tract Map (CT 98-21) documents, as ne( make them internally consistent and in conformity with the final action on th 16 Development shall occur substantially as shown on the approved Exhibits. Any 17 development different from this approval, shall require an amendment to this apI 18 19 20 21 22 23 24 25 26 27 28 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 com all requirements of law. 5. The Developer shall implement, or cause the implementation of, the Seavi Subdivision Project Mitigation Monitoring and Reporting Program. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, d hold harmless the City of Carlsbad, its Council members, officers, employees, a representatives, from and against any and all liabilities, losses, damages, deman and costs, including court costs and attorney’s fees incurred by the City arisin or indirectly, from (a) City’s approval and issuance of this Tentative Tract City’s approval or issuance of any permit or action, whether discretionar I] PC RES0 NO. 4614 -5- 4 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 discretionary, in connection with the use contemplated herein, Developer/Operator’s installation and operation of the facility permittec including without limitation, any and all liabilities arising from the emissil facility of electromagnetic fields or other energy waves or emissions. 7. The Developer shall submit to the Planning Director a reproducible 24” x : copy of the Tentative Map reflecting the conditions approved by the fina making 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” bluelint format. 9. Prior to the issuance of a building permit, the Developer shall provide prc Director from the School District that this project has satisfied its obligation 1 school facilities. 10. This project shall comply with all conditions and mitigation measures which ar as part of the Zone 1 Local Facilities Management Plan and any amendment, that Plan prior to the issuance of building permits. 11. This approval is granted subject to the approval of the Mitigated Negative De Mitigation Monitoring and Reporting Program, SDP 98-24, and HDP 98- subject to all conditions contained in Planning Commission Resolutions No. 4 and 4616 for those other approvals. 12. Building permits will not be issued for this project unless the local agency water and sewer services to the project provides written certification to the adequate water service and sewer facilities, respectively, are available to the pro. 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. A note to t shall be placed on the Final Map. Housing 13. Prior to the approval of the final map for any phase of this project, or where a r being processed, prior to the issuance of building permits for any lots or Developer shall enter into an Affordable Housing Agreement with the City to pr deed restrict two second dwelling units (including: Second Dwelling Units . and 8) as affordable to lower-income households for the useful life of the dwell in accordance with the requirements and process set forth in Chapter 21.E Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be I to the Planning Director no later than 60 days prior to the request to final the r recorded Affordable Housing Agreement shall be binding on all hture OM successors in interest. 14. 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. PC RES0 NO. 4614 -6- I 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 e 0 LandscaDe 15. 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 i landscaping as shown on the approved Final Plans, and maintain all landsca healthy and thnving condition, free fi-om weeds, trash, and debris. 16. 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. Notice 17. The Developer shall report, in writing, to the Planning Director within 30 ( address change from that which is shown on the permit application. 18. The Developer shall submit to the City a Notice of Restriction to be filed in tht the County Recorder, subject to the satisfaction of the Planning Director, noi interested parties and successors in interest that the City of Carlsbad has Tentative Map, Site Development Plan, and Hillside Development P Resolutions No. 4613,4615 and 4616 on the real property owned by the Develc Notice of Restriction shall note the property description, location of the file c complete project details and all conditions of approval as well as any coni restrictions specified for inclusion in the Notice of Restriction. The Plannini has the authority to execute and record an amendment to the notice which m terminates said notice upon a showing of good cause by the Developer or su( interest. 19. The Developer shall display a current Zoning and Land Use Map, or an a suitable to the Planning Director, in the sales office at all times. All sales may distributed or made available to the public shall include but not be limited to tra and existing schools, parks and streets. 20. The Developer shall establish a homeowner's association and corresponding c conditions and restrictions. Said CC&Rs shall be submitted to and approvl Planning Director prior to final map approval. Prior to issuance of a building 1 Developer shall provide the Planning Department with a recorded copy of tl 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 Citv. The City shall have the right, bl obligation, to enforce those Protective Covenants set forth in this Decl favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be p the City in advance. If the proposed amendment affects the City, City the right to disapprove. A copy of the final approved amendmen transmitted to City within 30 days for the official record. I pc RESO No* 4614 -7- v 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 0 0 C. Failure of Association to Maintain Easements. In the event that the A fails to maintain the “Association’s Easements” as provided in Article- , Section the City shall have the right, but not th perform the necessary maintenance. If the City elects to perf; maintenance, the City shall give written notice to the Association, wi thereof to the Owners in the Project, setting forth with particu maintenance which the City finds to be required and requesting the carried out by the Association within a period of thirty (30) days from of such notice. In the event that the Association fails to carry maintenance of the Association’s Easements within the period specifi City’s notice, the City shall be entitled to cause such work to be coml shall be entitled to reimbursement with respect thereto from the ( provided herein. d. SDecial Assessments Levied by the City. In the event the City has perf necessary maintenance to the Association’s Easements, the City shall written invoice to the Association for all costs incurred by the City t such maintenance of the Association’s Easements. The City shall prov of such invoice to each Owner in the Project, together with a statement Association fails to pay such invoice in full within the time specified will pursue collection against the Owners in the Project pursuant to the of this Section. Said invoice shall be due and payable by the Associat twenty (20) days of receipt by the Association. If the Association shall such invoice in full within the period specified, payment shall b delinquent and shall be subject to a late charge in an amount equal to s (6%) of the amount of the invoice. Thereafter the City may pursue from the Association by means of any remedies available at law or Without limiting the generality of the foregoing, in addition to all other remedies available to the City, the City may levy a special assessment 2 Owners of each Lot in the Project for an equal prorata share of the in\ the late charge. Such special assessment shall constitute a charge on th shall be a continuing lien upon each Lot against which the special ass1 levied. Each Owner in the Project hereby vests the City with the right to levy such special assessment, to impose a lien upon their respective bring all legal actions and/or to pursue lien foreclosure procedures a, Owner and hisker respective Lot for purposes of collecting su( assessment in accordance with the procedures set forth in Article Declaration. , ~ e. LandscaDe Maintenance Responsibilities. The HOA shall be respons maintenance of the slope areas on the west end of the site below the and above the keystone wall on the east end of the site, as shov Fencing Plan, Exhibit “H”. 27 11 21. Exhibit “H” shall be revised so that the fence located along the east prope 28 relocated to the top of the crib wall, subject to approval of the Planning Dil 1) PC RES0 NO. 4614 -8- '! 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 0 0 22. The Developer shall dedicate on the final map, an Open Space Easement over areas on the west end of the site below the fence line and slopes located i keystone wall on the east end of the site. An appropriately worded stateme identifying the maintenance responsibility shall be placed in the CC&Rs and noted on the Final Map. Enpineering Conditions 23. Prior to issuance of any building permit, the developer shall comply requirements of the City's anti-graffiti program for wall treatments if and wh program is formerly established by the City. 24. There shall be one final subdivision map recorded for this project. 25. 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 i 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 by Section 66499.37 of the Subdivision Map Act. 26. The developer shall provide an acceptable means for maintaining the private ( within the subdivision and to distribute the costs of such maintenance in an manner among the owners of the properties within the subdivision. Adequate for such maintenance shall be included with the CC&Rs subject to the appro' City Engineer. 27. All concrete terrace drains shall be maintained by the homeowner's associa appropriately worded statement clearly identifying the responsibility shall be the CC&Rs and shall be noted on the Final Map. 28. Prior to hauling dirt or construction materials to or fi-om any proposed constn 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 29. Rain gutters must be provided to convey roof drainage to an approved drainage street to the satisfaction of the City Engineer. 30. The developer shall install sight distance corridors at all street intersections in a with Engineering Standards and shall record the following statement on the I and in the CC&Rs. i "No structure, fence, wall, tree, shrub, sign, or other object over 30 inchc above the street level may be placed or permitted to encroach within tt area identified as a sight distance corridor in accordance with Cil Standard Public Street-Design Criteria, Section 8.B.3. The underlyir property owner shall maintain this condition." 31. Prior to issuance of building permits, the developer shall underground a1 PC RES0 NO. 4614 -9- \. 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 0 0 overhead utilities within the subdivision boundary. FeedAPreements 32. The developer shall pay all current fees and deposits required. 33. 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 boundaric subdivision plan into the existing City of Carlsbad Street Lighting and La] District No. 1 on a form provided by the City. Grading 34. Based upon a review of the proposed grading and the grading quantities she\: tentative map, a grading permit for this project is required. (The Developer mL and receive approval for grading plans in accordance with city codes and stand to issuance of a building permit for the project.) 35. No grading for private improvements shall occur outside the limits of the SL unless a grading or slope easement or agreement is obtained from the own( affected properties and recorded. If the developer is unable to obtain the gradin, easement, or agreement, no grading permit will be issued. In that case the devel1 either amend the tentative map or modify the plans so grading will not occur o project site in a manner which substantially conforms to the approved tentath determined by the City Engineer and Planning Director. Dedications/Imwovements 36. Additional drainage easements may be required. Drainage structures shall be pr installed prior to or concurrent with any grading or building permit as may be re the City Engineer. 37. The owner shall make an offer of dedication to the City for all public st easements required by these conditions or as shown on the tentative map. The ( be made by a certificate on the final map for this project. All land so offerec granted to the City free and clear of all liens and encumbrances and without c City. Streets that are already public are not required to be rededicated. 38. The developer shall comply with the City's requirements of the National Discharge Elimination System (NPDES) permit. The developer shall prc management practices as referenced in the "California Storm Water Best Ma 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 Said plans shall include but not be limited to notifying prospective owners and the following: A. All owners and tenants shall coordinate efforts to establish or T established disposal programs to remove and properly dispose of hazardous waste products. I pc RESO No. 4614 -10- L t 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 0 0 B. Toxic chemicals or hydrocarbon compounds such as gasoline, 1 antifreeze, solvents, paints, paint thinners, wood preservatives, such fluids shall not be discharged into any street, public or priva storm drain or storm water conveyance systems. Use and d pesticides, fungicides, herbicides, insecticides, fertilizers and c chemical treatments shall meet Federal, State, County requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduc pollutants when planning any changes to the landscaping ar improvements. 39. Plans, specifications, and supporting documents for all public improvement; prepared to the satisfaction of the City Engineer. In accordance with City Stan developer shall install, or agree to install and secure with appropriate security as by law, improvements shown on the tentative map and the following improvemc 0 The extension of Seaview Way as a public street, including but not Curbs, Gutter & Sidewalk, AC Paving & Base, Parkway Lan Irrigation and Utilities. (sewer, water, gas & electric, cable TV,etc..) 0 The offsite sewer system in Seaview Way as shown on the tentative Additional Improvements to Seaview Way as transition improver also ?4 street AC overlay to accommodate the proposed sewer extens: A list of the above improvements shall be placed on an additional map sheet 01 map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imp1 listed above shall be constructed within 18 months of approval of the secured ment agreement or such other time as provided in said agreement. Final Map Notes 40. Note(s) to the following effect(s) shall be placed on the final map as non-mappir A. The rear lot drainage system including the offsite easement Drive is considered to be privately owned and is to be maintained by the homeowners association. B. No structure, fence, wall, tree, shrub, sign, or other object over above the street level may be placed or permitted to encroach T area identified as a sight distance corridor in accordance 1 Standard Public Street-Design Criteria, Section 8.B.3. The u property owner shall maintain this condition. C. Building permits will not be issued for development of th property unless the applicable agency determines that water i facilities are available. PC RES0 NO. 4614 -1 1- b I/ a e 3 Y 1 2 Water Conditions: 3 4 5 6 7 8 9 10 11 12 13 14 15 41. The following note shall be placed on the final map. "This project is approved expressed condition that building permits will not be issued for developme subject property unless the District serving the development has adequate I sewer capacity available at the time development is to occur, and that such 1 sewer capacity will continue to be available until time of occupancy.'' 42. Water, Sewer and Imgation laterals shall be located in accordance with City an Standards to the satisfaction of the Deputy City Engineer - Utilities. 43. All water and sewer improvements shall be designed and constructed substa shown on the Site Development Plan in accordance with all City and District St: the satisfaction of the Deputy City Engineer - Utilities. Fees 44. The Developer shall pay its fair share for the "short-term improvements" Camino ReaVPalomar Airport Road intersection prior to approval of the j or the issuance of a grading permit, whichever occurs first. The amouni determined by the methodology ultimately selected by Council, including limited to, an increase in the city-wide traffic impact fee; an increased or ne LFMP fee; the creation of a fee or assessment district; or incorporatic Mello-Roos taxing district. I(3 CODE REMINDERS 17 18 limited to the following code requirements: 19 20 45. The developer shall exercise special care during the construction phase of this prevent offsite siltation. Planting and erosion control shall be provided in at with the Carlsbad Municipal Code and the City Engineer. 21 Note: The project is subject to all applicable provisions of local ordinances, includir 46. The tentative tract map approval shall expire twenty-four (24) months fi-om tl 22 the final decision for tentative tract map approval. 23 24 47. The Developer shall pay park-in-lieu fees to the City, prior to the approval 0: map as required by Chapter 20.44 of the Carlsbad Municipal Code. 25 26 27 28 48. Developer shall pay the License Tax on new construction imposed by Carlsbad 1 Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywl Facilities Fee imposed by City Council Policy #17, subject to any credits autl- Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any ~ Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. taxedfees shall be paid at issuance of building permit. If the taxedfees and not approval will not be consistent with the General Plan and shall become void. 1) PC RES0 NO. 4614 -12- h z * 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 e e 49. The Developer shall pay a landscape plan check and inspection fee as required k 20.08.050 of the Carlsbad Municipal Code. 50. Approval of this request shall not excuse compliance with all applicable sectic Zoning Ordinance and all other applicable City ordinances in effect at time 0: permit issuance, except as otherwise specifically provided herein. 51. 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 idel and/or addresses shall contrast to their background color, as required by Municipal Code Section 18.04.320. 52. 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. 53. The Developer shall be responsible for all fees, deposits and charges whic collected before and/or at the time of issuance of the building permit. The 2 County Water Authority capacity charge will be collected at issuance of appli any meter installation. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, de .reservations, or other exactions hereafter collectively referred to for conver “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexas you protest them, you must follow the protest procedure set forth in Government Coc 66020(a), and file the protest and any other required information with the City Mz 1 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 asidc 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 I: a NOTICE similar to this, or as to which the statute of limitations has previously expired. ~ ... ... ... ... PC RES0 NO. 4614 -13- k 4 0 * c 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 20th day of October 19' following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L'Heur Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Welshons ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4614 -14-