HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 4614? 0 a
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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.
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B) That based on the evidence presented at the public hearing, the Cc
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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
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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.
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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:
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against the public service needs of the City and available fiscal and envj
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' 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
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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:
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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
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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.
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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
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requirements established by a Local Facilities Management Plan prepared p
public facilities and will mitigate any cumulative impacts created by the project
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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;
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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).
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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
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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
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6 Conditions:
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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
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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
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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.
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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.
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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. ,
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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-
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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.
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PC RES0 NO. 4614 -13-
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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-