HomeMy WebLinkAbout2000-02-16; Planning Commission; Resolution 47230
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PLANNING COMMISSION RESOLUTION NO. 4723
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 5.3 ACRES INTO 84 AIRSPACE
CONDOMINIUM UNITS ON PROPERTY GENERALLY
LOCATED ON THE NORTHEASTERN CORNER OF
MELROSE DRIVE ,AND CARRILLO WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CAFWLLO VILLAGE L
CASE NO.: CT 99-1 1
WHEREAS, D. R. Horton San Diego Inc., “Developer”, has filed a verifil
application with the City of Carlsbad regarding property owned by D. R. Horton San Die€
Holding Company, Inc., a California Corporation, “Owner”, described as
APPROVAL OF CARLSBAD TRACT NUMBER CT 99-11 TO
Lot 240 of Carlsbad Tract No. 93-04 Rancho Carrillo Villages
“L and M” in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 13838 filed in the
office of the County Recorder of San Diego County August 23,
1999 as file no. 1999-582013
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Trc
Map as shown on Exhibits “A” - “HH” dated February 16, 2000, on file in the Planni:
Department RANCHO CARRILLO VILLAGE L, CT 99-11, as provided by Title 20 of t
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of February, 200
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 testimol
and arguments, if any, of persons desiring to be heard, said Commission considered all factc
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannix
, Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commiss:
RECOMMENDS APPROVAL, of RANCHO CARRILLO VILLAGE L, (
99-11, based on the following findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivision
conditioned, is consistent with and satisfies all requirements of the General Plan, a
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the St
Subdivision Map Act, and will not cause serious public health problems, in that 1
project is consistent with all Titles 20 and 21 regulations governing airspr
subdivisions and the design of multi-family condominiums.
2. That the proposed project is compatible with the surrounding future land uses sir
surrounding properties are designated by the Master Plan and General Plan !
residential single family uses that are adequately separated and buffered.
3. That the site is physically suitable for the type and density of the development since t
site is adequate in size and shape to accommodate residential development at the dens
proposed, in that the project is limited to the building pad created by the Ranc
Carrillo Master Plan mass grading, below the maximum number of units permitt
by the Master Plan, and consistent with all applicable development standards a:
design criteria.
4. That the design of the subdivision or the type of improvements will not conflict w
easements of record or easements established by court judgment, or acquired by 1
public at large, for access through or use of property within the proposed subdivision
that the projects design does got cause conflict with existing or proposed easement.
5. That the property is not subject to a contract entered into pursuant to the La
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for hture passive
natural heating or cooling opportunities in the subdivision, in that building setbacks a1
separation will allow for adequate air circulation and the opportunity for passi
heating and cooling.
7. That the Planning Commission has considered, in connection with the housing propos
by this subdivision, the housing needs of the region, and balanced those housing nee
against the public service needs of the City and available fiscal and environmenr
resources.
8. That the design of the subdivision and improvements are not likely to cause substanti
environmental damage nor substantially and avoidably injure fish or wildlife or thc
habitat, in that all applicable biological mitigation measures required by Final El
91-04 and MEIR 93-01 have been incorporated into the project and/or added to tl
project as conditions of approval.
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9. That the discharge of waste fiom the subdivision will not result in violation of existir
California Regional Water Quality Control Board requirements, in that the sewer ar
drainage requirements of the Rancho Carrillo Master Plan and EIR 91-04 ha7
been considered and appropriate sewer and drainage facilities have been designr
to accommodate the project. In addition to City Engineering Standards ar
compliance with the City’s Master Sewer and Drainage Plans, National Pollutic
Discharge Elimination System (NPDES) standards will be satisfied.
10. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan and Rancho Carrillo Mast
Plan based on the facts set forth in the staff report dated February 16, 2000, includin
but not limited to the following:
A. Land Use - The project is consistent with the City’s General Plan Residenti
Medium High (RJ3) land use designation for the site since the proposl
density of 15.8 dwelling unitdacre is within the density range of 15 to :
dwelling unitdacre and below the Growth Management Growth Contr
Point of 19 dwelling unitdacre.
B. Circulation - The project is served by Carrillo Way, a local street, and t:
Melrose Drive prime circulation arterial roadway which has been completl
and the project is conditioned to complete all necessary onsite roadw,
improvements prior to occupancy of any unit.
C. Noise - Project noise levels that exceed the City’s 60 dBA CNEL standa
along Melrose drive have been mitigated to the standard through the use oj
combination berm and solid 6’ masonry wall.
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo(
Facilities Management Plan for Zone 18 and all City public facility policies a
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements regarding: sewer collectil
and treatment; water; drainage; circulation; fire; schools; parks and other recreatior
facilities; libraries; government administrative facilities; and open space, related to t
project will be installed to serve new development prior to or concurrent with net
Specifically,
A. The project has satisfied its obligation for school facilities within the San Marc
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School District.
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B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, a
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will
collected prior to the issuance of building permit.
Ll 12. That the project is consistent with the City’s Landscape Manual (Carlsbad MuniciI
28 Code Section 14.28.020 and Landscape Manual Section I B).
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13. The Planning Commission has reviewed each of the exactions imposed on the Develop
contained in this resolution, and hereby finds, in this case, that the exactions are imposc
to mitigate impacts caused by or reasonably related to the project, and the extent and tl
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 1
issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of,
future building permits; deny, revoke or further condition all certificates of occupan
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
vested rights are gained by Developer or a successor in interest by the City’s approval
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all correctio
and modifications to the tentative tract map documents, as necessary to make thc
internally consistent and in conformity with the final action on the project. Developmc
shall occur substantially as shown on the approved Exhibits. Any proposed developmc
different fi-om this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and lo(
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paymc
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projt
are challenged, this approval shall be suspended as provided in Government Code Secti
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a
representatives, from and against any and all liabilities, losses, damages, demands, clail
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from (a) City’s approval and issuance of this tentative tract map, (b) Cit!
approval or issuance of any permit or action, whether discretionary or non-discretiona
in connection with the use contemplated herein, and (c) Developer/Operator’s installati
and operation of the facility permitted hereby, including without limitation, any and
liabilities arising from the emission by the facility of electromagnetic fields or otl
energy waves or emissions.
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6. The Developer shall submit to the Planning Department a reproducible 24” x 3t
mylar copy of the Tentative Map reflecting the conditions approved by the final decisic
making body.
7. Building permits will not be issued for this project unless the local agency providi~
water and sewer services to the project provides written certification to the City tk
adequate water service and sewer facilities, respectively, are available to the project at t‘
time of the application for the building permit, and that water and sewer capacity a:
facilities will continue to be available until the time of occupancy. A note to this effc
shall be placed on the Final Map.
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8. The Developer shall implement, or cause the implementation of, the Rancho Carril
Village L Project Mitigation Monitoring and Reporting Program.
9. This approval is granted subject to the approval of the Mitigated Negative Declaratil
and Mitigation Monitoring and Reporting Program, MP 139(I), and CP 99-08 and
subject to all conditions contained in Planning Commission Resolutions No. 472
4722, and 4724 for those other approvals.
10. Prior to issuance of a building permit, the Developer shall provide proof to the Direcl
from the School District that this project has satisfied its obligation to provide schc
facilities.
11. This project shall comply with all conditions and mitigation measures which are requir
as part of the Zone 18 Local Facilities Management Plan and any amendments made
that Plan prior to issuance of building permits.
12. The Developer shall submit and obtain Planning Director approval of a Final Landsca
and Irrigation Plan showing conformance with the approved Preliminary Landscape P1
and the City’s Landscape Manual. The Developer shall construct and install
landscaping as shown on the approved Final Plans, and maintain all landscaping in
healthy and thnving condition, free from weeds, trash, and debris.
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to 1
landscape plan check process on file in the Planning Department and accompanied by 1
project’s building, improvemerit, and grading plans.
14. All entry monument walls and signs, perimeter walls and/or fencing shall be
conformance with the approved Rancho Carrillo Master Plan. The noise w
proposed along Melrose Drive shall be in accordance with the Community The]
Wall.
15. The Developer shall establish a homeowner’s association and corresponding covenar
conditions and restrictions. Said CC&Rs shall be submitted to and approved by 1
Planning Director prior to final map approval. Prior to issuance of a building permit 1
Developer shall provide the Planning Department with a recorded copy of the offic
CC&Rs that have been approved by the Department of Real Estate and the Planni
Director. At a minimum, the CC&Rs shall contain the following provisions:
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A. General Enforcement by the City. The City shall have the right, but not tl
obligation, to enforce those Protective Covenants set forth in this Declaration
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provided
the City in advance. If the proposed amendment affects the City, City shall ha.
the right to disapprove. A copy of the final approved amendment shall ‘
transmitted to City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements. In t
event that the Association fails to maintain the “Common Area Lots and/or t
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessa
maintenance. If the City elects to perform such maintenance, the City shall gi
written notice to the Association, with a copy thereof to the Owners in the Proje
setting forth with particularity the maintenance which the City finds to be requir
and requesting the same be carried out by the Association within a period of thi~
(30) days from the giving of such notice. In the event that the Association fails
carry out such maintenance of the Common Area Lots and/or Associatior
Easements within the period specified by the City’s notice, the City shall
entitled to cause such work to be completed and shall be entitled
reimbursement with respect thereto from the Owners as provided herein.
D. SDecial Assessments Levied bv the City. In the event the City has performed t
necessary maintenance to either Common Area Lots and/or Associatior
Easements, the City shall submit a written invoice to the Association for all COI
incurred by the City to perform such maintenance of the Common Area Lots a
or Association’s Easements. The City shall provide a copy of such invoice
each Owner in the Project, together with a statement that if the Association fails
pay such invoice in full within the time specified, the City will pursue collectis
against the Owners in the Project pursuant to the provisions of this Section. Sz
invoice shall be due and payable by the Association within twenty (20) days
receipt by the Association. If the Association shall fail to pay such invoice in fi
within the period specified, payment shall be deemed delinquent and shall
subject to a late charge in an amount equal to six percent (6%) of the amount
the invoice. Thereafter the City may pursue collection from the Association
means of any remedic% available at law or in equity. Without limiting 1
generality of the foregoing, in addition to all other rights and remedies availal
to the City, the City may levy a special assessment against the Owners of each I
in the Project for an equal prorata share of the invoice, plus the late charge. Su
special assessment shall constitute a charge on the land and shall be a continui
lien upon each Lot against which the special assessment is levied. Each Owner
the Project hereby vests the City with the right and power to levy such spec
assessment, to impose a lien upon their respective Lot and to bring all le{
actions andor to pursue lien foreclosure procedures against any Owner a
hisher respective Lot for purposes of collecting such special assessment
accordance with the procedures set forth in Article of this Declaration.
11 PC RES0 NO. 4723 -6-
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E. Landscape Maintenance Responsibilities. Maintenance responsibilities for
common open space lots (to be maintained by the Master Homeown
Association or the Village “L” Homeowners Association) and for
exclusive use areas (to be maintained by the individual unit owners) shall
as delineated on the approved “Maintenance Responsibilities” exhibit, f
this information shall also be shown on the detailed landscape plan for 1
project. The Condominium Plan (filed with the Department of Real Esth
shall be in conformance with the “Maintenance Responsibilities’’ exhibit.
F. Balconies, trellis and decks. The individual lot or unit owner allowances i
prohibitions regarding balconies, trellis and decks shall be as set forth
Article of this Declaration. The exterior patio spaces (ground flc
and second floor balcony space) shall not be enlarged or modified as to cre
an enclosed condition (i.e. solarium, screen room, or conditioned airspace).
G. No parking shall be allowed in the courtyard areas, except within designa
guest parking spaces.
H. Management shall impose, enact, and enforce provisions preventi
unsightly conditions, including storage of objects taller than the railing
overhanging the balcony railing to the satisfaction of the Planning Director
16. Developer shall submit to the City a Notice of Restriction to be filed in the office of.
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issued
Tentative Tract Map and Condominium Permit by Resolutions No. 4723 and 4724
the real property owned by the Developer. Said Notice of Restriction shall note i
property description, location of the file containing complete project details and
conditions of approval as well as any conditions or restrictions specified for inclusion
the Notice of Restriction. The Planning Director has the authority to execute and recc
an amendment to the notice which modifies or terminates said notice upon a showing
good cause by the Developer or successor in interest,
17. The developer shall post a sign in the sales office in a prominent location that disclos
which special districts and school district provide service to the project. Said sign sh
remain posted until ALL of the units are sold.
18. Prior to the recordation of the first final tract map or the issuance of buildi
permits, whichever occurs first, the Developer shall prepare and record a Not]
that this property is subject to overflight, sight and sound of aircraft operating frc
McClellan-Palomar Airport, in a form meeting the approval of the Plannil
Director and the City Attorney (see Noise Form #2 on file in the Plannil
Department).
Enpineering
General
19. Prior to issuance of any building permit, the developer shall comply with t
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requirements of the City's anti-graffiti program for wall treatments if and when such
program is formerly established by the City.
3 I/ 20. There shall be one final subdivision map recorded for this project.
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21. Developer shall provide, to the City Engineer, sufficient instruments (via CC&Rs or otf
acceptable record document) for maintaining the private easements within the subdivisi
and all the private: streets, sidewalks, street lights, and storm drain facilities locat
therein and to distribute the costs of such maintenance in an equitable manner among t
owners of the properties within the subdivision.
22. Developer shall defend, indemnify and hold harmless the City and its agents, officers, a
employees from any claim, action or proceeding against the City or its agents, officers,
employees to attack, set aside, void or null an approval of the City, the Planni
Commission or City Engineer which has been brought against the City within the til
period provided for by Section 66499.37 of the Subdivision Map Act.
11 23. Prior to hauling dirt or construction materials to or from any proposed construction s
12 within this project, the developer shall submit to and receive approval from the C
statement on the Final Map and in the CC&Rs. 15 intersections in accordance with Engineering Standards and shall record the followi
24. Developer shall install sight distance corridors (see below for types) at all strl 14
requirements the City Engineer may impose with regards to the hauling operation. 13
Engineer for the proposed haul route. The developer shall comply with all conditions a
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Type I
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches abc
the street level may be placed or permitted to encroach within the area identifj
as a sight distance corridor in accordance with City Standard Public Street-Desi
Criteria, Section 8.B.3. The underlying property owner shall maintain f
condition."
TyDe I1
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed
permitted on the subject property along or east of the line designated as 1
275' sight line located at the project entrance, looking east onto Carri
Way. No obstructions shall impede nor conflict with the line-of-sight whl
is established per City Standard Public Street-Design Criteria, Section 8.1
The 275' sight line is depicted on the tentative map. The underlyi
property owner shall maintain this condition."
The limits of these sight distance corridors shall be reflected on any improveme
grading, or landscape plan prepared in association with this development.
27 I/ Fees/Ayreements
28 25. Developer shall pay all current fees and deposits required.
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26. The subject property is within the boundaries of Assessment District No. 96-1 (Ram!
Carrillo). Upon the subdivision of land within the district boundaries, the owner m
pass through assessments to subsequent owners only if the owner has executed a Spec
Assessment District Pass-through Authorization Agreement. Said Agreement contai
provision regarding notice to potential buyers of the amount of the assessment and otl
provisions and requires the owner to have each buyer receive and execute a Notice
Assessment and an Option Agreement. In the event that the owner does not execute t
Authorization Agreement, the assessment on the subject property must be paid off in f
by the owner prior to final mar, approval.
27. As required by state law, the subdivider shall submit to the City an application :
segregation of assessments along with the appropriate fee. A segregation is not requix
if the developer pays off the assessment on the subject property prior to the recordation
the final map. In the event a segregation of assessments is not recorded and property
subdivided, the full amount of "assessment will appear on the tax bills of & new lot.
28. Prior to approval of any grading or building permits for this project, the owner shall gj
written consent to the annexation of the area shown within the boundaries of 1
subdivision plan into the existing City of Carlsbad Street Lighting and Landscapi
District No. 1 on a form provided by the City.
29. Prior to work in City right-of-way, the Developer shall obtain an Encroachmc
Permit for the installation of the private storm drain connecting to the public systc
on Melrose Drive. This storm drain pipe shall be a private improvement and sh
be maintained by the owner or future owner(s) of this development.
Grading
30. Based upon a review of the proposed grading and the grading quantities shown on 1
tentative map, a grading permit for this project is required. The developer must subr
and receive approval for grading plans in accordance with city codes and standards pr
to Final Map approval.
31. Prior to the issuance of a grading permit or building permit, whichever occurs first, 1
developer shall submit proof that a Notice of Intention has been submitted to the St
Water Resources Control Board.
32. Upon completion of grading, Developer shall file an "as-graded" geologic plan with
City Engineer. The plan shall clearly show all the geology as exposed by the gradj
operation, all geologic corrective measures as actually constructed and must be based
a contour map which represents both the pre and post site grading. This plan shall
signed by both the soils engineer and the engineering geologist. The plan shall
prepared on a 24" x 36" mylar or similar drafting film and shall become a perman
record.
Dedicationsfimprovements
33. The owner shall make an offer of dedication to the City for all easements required
these conditions or shown on the tentative map. The offer shall be made by a certific
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on the final map for this project. All land so offered shall be granted to the City free a.
clear of all liens and encumbrances and without cost to the City.
34. Developer shall comply with the City's requirements of the National Pollutant Dischar
Elimination System ODES) permit. The developer shall provide best managemc
practices as referenced in the "California Storm Water Best Management Practic
Handbook" to reduce surface pollutants to an acceptable level prior to discharge
sensitive areas. Plans for such improvements shall be approved by the City Engine
Said plans shall include but not be limited to notifying prospective owners and tenants
the following:
A. All owners and tenants shall coordinate efforts to establish or work w
established disposal programs to remove and properly dispose of toxic a
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor (
antifreeze, solvents, paints, paint thinners, wood preservatives, and other su
fluids shall not be discharged into any street, public or private, or into storm dr;
or storm water conveyance systems. Use and disposal of pesticides, fimgicid
herbicides, insecticides, fertilizers and other such chemical treatments shall m(
Federal, State, County and City requirements as prescribed in their respecti
containers.
C. Best Management Practices shall be used to eliminate or reduce surface polluta~
when planning any changes to the landscaping and surface improvements.
35. Plans, specifications, and supporting documents for all public improvements shall
prepared to the satisfaction of the City Engineer. In accordance with City Standards, I
developer shall install, or agree to install and secure with appropriate security as provid
by law, improvements shown on the tentative map and the following improvements:
A. Public potable water system
B. Public sewer system
A list of the above improvements shall be placed on an additional map sheet on the fi1
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improveme
listed above shall be constructed within 18 months of approval of the S~CUI
improvement agreement or such other time as provided in said agreement.
36. The structural section for the access aisles must be designed with a traffic index of 5.0
accordance with City Standards due to truck access through the parking area and/or ais
with an ADT greater than 500. The structural pavement design of the aisle ways shall
submitted together with required R-value soil test information and approved by the C
as part of the building site plan review.
37. The design of all private streets and drainage systems shall be approved by the C
Engineer. The structural section of all private streets shall conform to City of Carlsl
Standards based on R-value tests. All private streets and drainage systems shall
inspected by the City. The standard improvement plan check and inspection fees shall
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paid prior to approval of the Final Map or Grading Permit for this project.
Final Map Notes
38. Notes to the following effects shall be placed on the final map as non-mapping data:
A. “All improvements are private and are to be privately maintained with
exception of the following:
a. Potable water system
b. Sewer system”
B. “No structure, fence, wall, tree, shrub, sign, or other object over 30 incl
above the street level may be placed or permitted to encroach within
area identified as a sight distance corridor in accordance with C
Standard Public Street-Design Criteria, Section 8.B.3. The underly
property owner shall maintain this condition.”
C. “No structure, fence, wall, tree, shrub, sign, or other object shall
placed or permitted on the subject property along or east of the 1:
designated as the 275’ sight line located at the project entran
looking east onto Carrillo Way. No obstructions shall impede L
conflict with the line-of-sight which is established per City Standa
Public Street-Design Criteria, Section 8.B.3 The 275’ sight line
depicted on the tentative map. The underlying property owner sb
maintain this condition.”
Water:
39. All potable water and recycled water services and meters shall be placed at a locatj
approved by the Deputy City Engineer - Utilities and shown on public improveml
plans.
40. Sewer laterals and cleanouts shall be placed at a location approved by the Deputy C
Engineer - Utilities and shown on public improvement plans.
41. All public water and sewer improvements shall be designed and constructed substantia
as shown on the Tentative Map 99-11 to the satisfaction of the Deputy City Enginec
Utilities.
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42. All public facilities required for this project by the District shall be within public right-
way or within minimum 20’ wide easements granted to the District or the City
Carlsbad. At the discretion of the Deputy City Engineer - Utilities, wider easements n
be deemed necessary for adequate maintenance, access and/or joint utility purposes,
appropriate.
43. Landscape and irrigation plans shall be designed for the use of reclaimed water 2
submitted to the Deputy City Engineer - Utilities for review, comment and approval.
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’ 44. The Developer shall provide separate potable water meters for each separately om
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45. All buildings classified as R-1 occupancies must be protected by automatic fire sprinkl
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The project is subject to all applicable provisions of local ordinances, including but not limited 7
Code Reminder 6
condominium unit.
designed in accordance with the requirements of the Uniform Building Code.
the following:
46. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the fi
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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47. Developer shall pay the citywide Public Facilities Fee imposed by City Council Pol
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Sect
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized
Carlsbad Municipal Code Sedtion 5.09.040. Developer shall also pay any applica
Local Facilities Management Plan fee for Zone 18, pursuant to Chapter 21.90. All SI
taxeshees shall be paid at issuance of building permit. If the taxedfees are not paid, t
approval will not be consistent with the General Plan and shall become void.
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48. The Developer shall pay a landscape plan check and inspection fee as required by Secti
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Zoning Ordinance and all other applicable City ordinances in effect at time of buildi 17 49. Approval of this request shall not excuse compliance with all applicable sections of 1
20.08.050 of the Carlsbad Municipal Code.
permit issuance, except as otherwise specifically provided herein.
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50. All roof appurtenances, including air conditioners, shall be architecturally integrated a
concealed fi-om view and the sound buffered from adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction of 1
Directors of Community Development and Planning.
51. The Developer shall submit a street name list consistent with the City’s street na:
policy subject to the Planning Director’s approval prior to final map approval.
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passive and active recreational areas per the approved plans, including landscaping a
recreational facilities, in accordance with a phasing plan as approved by the Planni
Director.
26 53. Addresses, approved by the Building Official, shall be placed on all new and existi
27 buildings so as to be plainly visible fi-om the street or access road; color of identificati
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and/or addresses shall contrast to their background color, as required by Carlsb
Municipal Code Section 18.04.320.
54. Any signs proposed for this development shall at a minimum be designed in conformar
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with the City’s Sign Ordinance and shall require review and approval of the Planni;
Director prior to installation of such signs.
55. The telntative map approval shall expire twenty-four (24) months from the date of fir
decisio’n for tentative map approval.
56. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordm
with the Carlsbad Municipal Code and the City Engineer.
57. Some improvements shown on the tentative parcel map and/or required by thc
conditions are located offsite on property which neither the City nor the owner f
sufficient title or interest to permit the improvements to be made without acquisition
title or interest. The Developer shall immediately initiate negotiations to acquire su
property. The Developer shall use its best efforts to effectuate negotiat
acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer
best efforts, and comply with the requirements of the Carlsbad Municipal Co
Section 20.16.095 to notify and enable the City to successfully acquire said propel
by condemnation.
a NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicatiol
reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these feedexactions. If y
protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and. file the protest and any other required information with the City Manager I
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timc
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with t‘
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi\
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannj
Commission of the City of Carlsbad, California, held on the 16th day of February, 2000, by 1
following vote, to wit: 6
AYES: Chairperson Compas, Commissioners Nielsen, Trigas and
Welshons
NOES:
ABSENT:
ABSTAIN:
WILLIAM CQMPAS, ChaiGerson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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