HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 47440 0
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PLANNING COMMISSION RESOLUTION NO. 4744
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, APPROVING
ACRES INTO TEN LOTS ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF EL CAMINO REAL
BETWEEN FARADAY AVEm AND PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: CAFXSBAD RESEARCH CENTER - LOT 12
CASE NO.: CT 99- 17
WHEREAS, DSK CARLSBAD PARTNERS, LLC, as “Developer” a
CARLSBAD TRACT NUMBER CT 99-17 TO SUBDIVIDE 8.24
9 “Owner”, has filed a verified application with the City of Carlsbad regarding property describ
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Lot 12 of Carlsbad Tract No. 81-10 in the City of Carlsbad,
County of San Diego, State of California, according to map No.
10330, filed in the Office of the County Recorder of San Diego
County, February, 18,1982
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‘ti WHEREAS, said verified application constitutes a request for a Tentative TI 15
(“the Property”); and
Map as shown on Exhibits “A” - “K” dated April 5, 2000, on file in the Planning Departm
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CARLSBAD RESEARCH CENTER - LOT 12, CT 99-17, as provided by Title 20 of
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21 duly noticed public hearing as prescribed by law to consider said request; and.
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hol
22 WHEREAS, at said public hearing, upon hearing and considering all testimc
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and arguments, if any, of persons desiring to be heard, said Commission considered all facl
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relating to the Tentative Tract Map.
26 I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
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28 A) That the foregoing recitations are true and correct.
Commission of the City of Carlsbad as follows:
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3 FindinPs:
B) That based on the evidence presented at the public hearin,g, the Commissi
APPROVES CARLSBAD RESEARCH CENTER - LOT 12, CT 99-17, bas
on the following findings and subject to the following conditions:
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1. That the proposed map and the proposed design and improvemmt of the subdivision
conditioned, is consistent with and satisfies all requirements of the General Plan, 2
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 there I
adequate facilities in place to serve the proposed development; the project is
allowed use and complies with the development standards of the Carlsbad Reseal
Center specific plan; and the project is consistent with all Title 20 and
regulations governing subdivisions and the design of non-residential plan1
development.
10 2. That the proposed project is compatible with the surrounding future land uses si1
surrounding properties are designated for Planned Industrial development on
properties are developed with multi-story office buildings. 11 General Plan and Carlsbad Research Center specific plan, in that the adjacl
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3. That the site is physically suitable for the type and density of the development since 13
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site is adequate in size and shape to accommodate residential development at the den:
proposed, in that the project meets the development standards of Carlsbad Reseal
development standards and design criteria. 15
Center Specific Plan and the C-M zone and is consistent with all applica
16 4. That the design of the subdivision or the type of improvements w:ill not conflict 'I.T
easements of record or easements established by court judgment, or acquired by 17 public at large, for access through or use of property within the proposed subdivision
18 that the project is conditioned to process dedications and vacations of future streel
19 5. That the property is not subject to a contract entered into pursuant to the L;
Conservation Act of 1965 (Williamson Act).
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6. That the design of the subdivision provides, to the extent feasible, for future passive
natural heating or cooling opportunities in the subdivision, in that st~-uctwes are orien
and provide separation for solar exposure and adequate air movement.
7. That the design of the subdivision and improvements are not likely to cause substan
environmental damage nor substantially and avoidably injure fish or wildlife or tl
habitat, in that the site was graded with the mass grading of the Carlsbad Resea
Center specific plan and has been maintained as a graded pad with no vegetal
cover.
26 8. That the discharge of waste from the subdivision will not resu1.t in -violation of exisl
27 California Regional Water Quality Control Board requirements, in that the projec
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conditioned to adhere to City Engineering Standards anld compliance with
City's Master Sewer and Drainage Plans and National Pollution Discha
Elimination System (NPDES) standards.
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9. The Planning Commission finds that the project, as corlditiclned herein, is
conformance with the Elements of the City’s General Plan, Carlsbad Research Cen
specific plan based on the facts set forth in the staff report da1;ed April 5, 201
including, but not limited to the following:
A. Land Use - The project consisting of a professional office is consistent w
the City’s General Plan Planned Industrial (PI) land use designation.
B. Circulation - The project is served by Priestly Drive and bias direct access
public streets. The streets adjacent to the project site, ]Priestly Drive a
Faraday Avenue, are adequate to serve the 1,224 average daily trips (AD
generated by this project.
C. Noise - Noise levels impacting the site will not exceed 65 CNEL and 1
design of the building, with fixed windows and air-conditioning, c
attenuate exterior noise. The project will not, by the passive nature of ’
use, generate a significant amount of noise.
10. The project is consistent with the City-Wide Facilities and Improvements Plan, the LC
Facilities Management Plan for Zone 5 and all City public facility policies i
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements regarding: sewer collect
and treatment; water; drainage; circulation; fire; schools; parks and other recreatio
facilities; libraries; government administrative facilities; and open space, related to
project will be installed to serve new development prior to or concurrent with ne
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unif
School District that the project has satisfied its obligation for school facilities.
B. The Public Facility fee is required to be paid by Council Po1ic:y No. 17 and will
collected prior to the issuance of building permit.
C. Park in-lieu fees are required as a condition of approval.
D. The Local Facilities Management fee for Zone 5 is required by Carls!
Municipal Code Section 21.90.050 and will be collected prior to issuance
building permit.
11. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici
Code Section 14.28.020 and Landscape Manual Section I B).
12. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant SI
record a notice concerning aircraft noise. The project is compatible with the projec
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of
CLUP, the proposed land use is compatible with the airport, in that the developmen
outside the 65 CNEL contour which designates office and industrial developmen:
a compatible land use. )I PC RES0 NO. 4744 -3 -
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13. The Planning Commission has reviewed each of the exactions imposed on the Develo]
contained in this resolution, and hereby finds, in this case, that the exactions are impo!
to mitigate impacts caused by or reasonably related to the project, and the extent and
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 approval o
final map.
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 occupx
issued under the authority of approvals herein granted; institute and prosecute litigatior
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approval
this tentative map.
2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the tentative map documents, as necessary to make them intern;
consistent and in conformity with the final action on the project. Development SI
occur substantially as shown on the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and 10
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the pap
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect
66020. If any such condition is determined to be invalid this approval shall be inv;
unless the City Council determines that the project without the condition complies v
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend i
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, i
representatives, from and against any and all liabilities, losses, damages, demands, claj
and costs, including court costs and attorney’s fees incurred by the City arising, dire(
or indirectly, from (a) City’s approval and issuance of this tentative map, (b) Cit
approval or issuance of any permit or action, whether discretionary or non-discretion;
in connection with the use contemplated herein, and (c) Developer/Operator’s installat
and operation of the facility permitted hereby, including without limitation, any and
liabilities arising from the emission by the facility of electromagnetic fields or ot
energy waves or emissions.
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6. The Developer shall submit to the Planning Department a reproducible 24” x 31
mylar copy of the Tentative Map reflecting the conditions approved by the final decisj
making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check
reduced legible version of all approving resolutions in a 24” x 36” blueline draw
format.
8. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting Program, PUD 99-07, and SUP 99-06 2
is subject to all conditions contained in Planning Commission Resolutions No. 47
4745, and 4746 for those other approvals.
9. Prior to the issuance of a building permit, the Developer shall provide proof to
Director from the School District that this project has satisfied its obligation to prov
school facilities.
10. This project shall comply with all conditions and mitigation measures which are requi
as part of the Zone 5 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
11. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City t
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity :
facilities will continue to be available until the time of occupancy. A note to this eff
shall be placed on the Final Map.
12. The Developer is aware that the City is preparing a non-residential housing impact
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicani
further aware that the City may determine that certain non-residential projects may hi
to pay a linkage fee, in order to be found consistent with the Housing Element of
General Plan. If a linkage fee is established by City Council ordinance and/or resolut
and this project becomes subject to a linkage fee pursuant to sajd ordinance and
resolution, then the Developer, or hishedtheir successor(s) in interest shall pay
linkage fee. The linkage fee shall be paid at the time of issuance of building perm
except for projects involving a request for a non-residential planned development for
existing development, in which case, the fee shall be paid on approval of the final m
parcel map or certificate of compliance, required to process the non-residential PI
whichever pertains. If linkage fees are required for this project, and they are not paid, 1
project will not be consistent with the General Plan and approval for this project I
become null and void.
13. The Developer shall establish an owner’s association and corresponding covena
conditions and restrictions. Said CC&Rs shall be submitted to and approved by
Planning Director prior to final map approval. Prior to issuance of a. building permit
Developer shall provide the Planning Department with a recorded copy of the offit
CC&Rs that have been approved by the Department of Real Esta1;e and the Plann
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 t
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 hz
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 1
event that the Association fails to maintain the “Common Area Lots andor ‘
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necess;
maintenance. If the City elects to perform such maintenance, the City shall g
written notice to the Association, with a copy thereof to the Owners in the Projc
setting forth with particularity the maintenance which the City finds to be requi~
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 Associatio:
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. Special Assessments Levied by the City. In the event the City has performed
necessary maintenance to either Common Area Lots ardor Associatio
Easements, the City shall submit a written invoice to the Association for all co
incurred by the City to perform such maintenance of the Common Area Lots z
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 w:ill pursue collect
against the Owners in the Project pursuant to the provisions of this Section. S
invoice shall be due and payable by the Association within lwenty (20) days
receipt by the Association. If the Association shall fail to pay such invoice in 1
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 fi-om the Association
means of any remedies available at law or in equity. Without limiting
generality of the foregoing, in addition to all other rights and remedies availa
to the City, the City may levy a special assessment against the Owners of each :
in the Project for an equal prorata share of the invoice, plus the late charge. SI
special assessment shall constitute a charge on the land and shall be a continu
lien upon each Lot against which the special assessment is levied. Each Owne:
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 and/or to pursue lien foreclosure procedures against any Owner i
hidher respective Lot for purposes of collecting such special assessment
accordance with the procedures set forth in Article of this Declaration
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E. Landscape Maintenance Responsibilities. The owner’s association and individ
lot or unit owner landscape maintenance responsibilities sha1.l be as set forth
Exhibit .
14. The Developer shall submit and obtain Planning Director approval of a Final Landsc;
and Irrigation Plan showing conformance with the approved Preliminary Landscape P
and the City’s Landscape Manual. The Developer shall construct and install
landscaping as shown on the approved Final Plans, and maintain all landscaping il
healthy and thriving condition, free from weeds, trash, and debris.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to 1
landscape plan check process on file in the Plahning Department and accompanied by 1
project’s building, improvement, and grading plans.
16. The Developer shall report, in writing, to the Planning Director within 30 days, a
address change from that which is shown on the permit application.
17. Developer shall submit to the City a Notice of Restriction to be filed in the office of 1
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 Map and Nonresidential Planned Development Permit by Resolutions P
4744 and 4745 on the real property owned by the Developer. Said Kotice of Restricti
shall note the property description, location of the file containing complete project detl
and all conditions of approval as well as any conditions or restrictions specified J
inclusion in the Notice of Restriction. The Planning Director has the authority to execl
and record an amendment to the notice which modifies or terminates: said notice upor
showing of good cause by the Developer or successor in interest.
18. Prior to the recordation of the first final tract map or the issuance of building permi
whichever occurs first, the Developer shall prepare and record a Notice that this propel
may be subject to noise impacts from the proposed or existing Transportation Corridor,
a form meeting the approval of the Planning Director and City Attorney (see Noise FOI
#1 on file in the Planning Department).
Onsite Conditions - Seecific
19. The Developer shall submit and obtain Planning Director approval of a Unifo~
sign program for this development prior to occupancy of the buildling.
20. The Developer shall construct trash receptacle and recycling areas enclosed by a six-fc
high masonry wall with gates pursuant to City Engineering Standards and Carlsb
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by t
Planning Director. Enclosure shall be of similar colors andor materials to the project
the satisfaction of the Planning Director.
21. No outdoor storage of materials shall occur onsite unless required by the Fire Chi
When so required, the Developer shall submit and obtain approval o:f the Fire Chief a
the Planning Director of an Outdoor Storage Plan, and thereafter comply with t
approved plan.
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Enpineering
General
22. Prior to issuance of any building permit, the developer shall comply with 1
requirements of the City's anti-graffiti program for wall treatments if and when sucl
program is formerly established by the City.
23. There shall be one final subdivision map recorded for this project.
24. Developer shall and does hereby agree to indemnify, protect, defend and hc
harmless the City of Carlsbad, its Council members, agemts, officers, a
representatives, from and against any and all liabilities, losses, damages, demanl
claim and costs, including court costs and attorney's fees incurred by the C
arising, directly or indirectly, from (a) City's approval and issuance of this tentat:
parcel map, (b) City's approval or issuance of any permit or action, whet1
discretionary or non-discretionary, in connection with the use contemplated here
including an action filed within the time period specified in Government Ca
Section 66499.37 and (c) Developer's installation and operation of the facil
permitted hereby, including without limitation, any and all liabilities arising frc
the emission by the facility of electromagnetic fields or other energy waves
emissions.
25. Prior to hauling dirt or construction materials to or from any proposed construction E
within this project, the developer shall submit to and receive approval from the C
Engineer for the proposed haul route. The developer shall comply with all conditions a
requirements the City Engineer may impose with regards to the hauling operation.
26. Developer shall install sight distance corridors at all street intersections in accordar
with Engineering Standards and shall record the following statement on the Final M
and in the CC&R's.
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed
permitted on the subject property along or south of the line-of-sit
designated on the tentative map at the project entrances, looking east a
west on Priestly Drive. No obstructions shall impede nor conflict with 1
line-of-sight which is established per City Standard Public Street-Desi
Criteria, Section 8. The underlying property owner shall maintain t.
condition."
FeedAgreements
27. Developer shall pay all current fees and deposits required.
28. Developer shall cause property owner to execute and submit to the City Enginc
for recordation, the City's standard form Geologic Failure Hold Harm1
Agreement.
29. Prior to approval of any grading or building permits for this project, the owner shall g
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written consent to the annexation of the area shown within the boundaries of '
subdivision plan into the existing City of Carlsbad Street Lightiqg and Landscapi
District No. 1 on a form provided by the City.
Dedications/Improvements
30, The owner shall make an offer of dedication to the City for all public streets 2
easements required by these conditions or shown on the Tentative Map. The offer sl
be made by a certificate on the Final Map for this project. All land so offered shall
granted to the City free and clear of all liens and encumbrances and without cost to
City. Streets that are already public are not required to be rededicated.
3 1. 13-feet shall be dedicated by the owner along the project frontage of El Camino R
based on a center line to right-of-way width of 76-feet and in conformance with Citj
Carlsbad Standards.
32. Developer shall comply with the City's requirements of the National Pollutant Discha
Elimination System (NPDES) permit. The developer shall provide best managem'
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 2
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor c
antifi-eeze, solvents, paints, paint thinners, wood preservatives, and other SI
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, fungicid
herbicides, insecticides, fertilizers and other such chemical treatments shall m
Federal, State, County and City requirements as prescribed in their respectj
containers.
C. Best Management Practices shall be used to eliminate or reduce surface polluta
when planning any changes to the landscaping and surface improvements.
33. Plans, specifications, and supporting documents for all public improvements shall
prepared to the satisfaction of the City Engineer. In accordance with. City Standards,
developer shall install, or agree to install and secure with appropriate security as provic
by law, improvements shown on the Tentative Map and the following improvements:
A. Public potable water and sewer facilities required to serve the development.
B. Sub-surface 4-inch perforated sub-drain and gravel back-fill placed ala
the sidewalk of El Camino Real as shown on the tentative map. This systl
shall be installed along the entire public frontage of El Camino Real a
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shall discharge to the underground storm drain system in El Camino Re
This system shall not outlet to any curb.
C. Install a 42’, wide (minimum) public sidewalk along the slouth property li
from La Place Court to El Camino Real within the 10-foot wide (minimu
pedestrian access easement being granted as part of the project. ‘I
longitudinal slope of the sidewalk shall not exceed 8% pursuant to AI
requirements.
A list of the above improvements shall be placed on an additional map sheet on the fil
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 secu
improvement agreement or such other time as provided in said agreement.
9 34. The structural section for the access aisles must be designed with a traffic index of 5.0
with an ADT greater than 500. The structural pavement design of the aisle ways shall
as part of the building site plan review.
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submitted together with required R-value soil test information and approved by the C 11
accordance with City Standards due to truck access through the parking area and/or ais
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13 35. Prior to Final Map approval or issuance of building permits, whichever is first, t
applicant shall either:
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A. Revise the plans to include a detention facility to ensure there is no L
increase in storm run-off resulting from the development or;
B. Remove the existing 18-inch RCP at the southwest portion of the proper
and install a new storm drain capable of intercepting and conveying t:
anticipated flows. The extent of removalheplacement of storm drain shr
extend from the property to where the pipe connects to an existing pub
storm drain in Priestly Drive.
36. Prior to Final Map approval, the applicant shall prepare, submit and process t
street vacation as described on the site plan. The street vacation applies to t
portion of lot 12 offered and rejected as a “future street” per Map no. 10330. T
proposed street vacation shall be reviewed and approved to the satisfaction of t
City Engineer and shall record prior to issuance of building permits.
37. Developer shall dedicate, on the final map, a 10-foot wide (minimum) pub1
pedestrian access easement measured along the southerly property boundary. TI
alignment of said easement reservation shall ensure pedestrian access from La Pla
Court to El Camino Real. Said easement shall be prepared to the satisfaction of tl
City Engineer.
Final Map Notes
28 38. Notes to the following effects shall be placed on the final map as non-mapping data:
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38.A. All improvements are private and are to be privately maintained with 1
exception of the following:
1. public potable water system
2. public sewer system
3. public sidewalk
38.B. Geotechnical Caution:
B.l. The owner of this property on behalf of itself and all of
successors in interest has agreed to hold harmless and indemn
the City of Carlsbad from any action that may arise through 2
geological failure, ground water seepage or land subsidence 2
subsequent damage that may occur on, or adjacent to, t
subdivision due to its construction, operation or maintenance.
38.C. No structure, fence, wall, tree, shrub, sign, or other object shall
placed or permitted on the subject property along o'r south of the lil
of-sight designated on the tentative map at the project entranc
looking east and west on Priestly Drive. No obstructions shall imp(
nor conflict with the line-of-sight which is established per C
Standard Public Street-Design Criteria, Section 8. The underlyi
property owner shall maintain this condition.
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39. The Developer shall place potable water and recycled water services and meters a 16
Water
location approved by the Deputy City Engineer - Utilities and show said services
public improvement plans.
18 40. The Developer shall place sewer laterals and cleanouts at a location approved by
19 Deputy City Engineer - Utilities and show the sewer laterals on public improvem
20 ll plans.
21 41. The Developer shall design and construct public water facilities substantially as shown
the Tentative Map to the satisfaction of the Deputy City Engineer - Utilities and des
22 and construct said public water facilities as shown on public improvernent plans.
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42. The Developer shall design and construct public sewer facilities substantially as sho
on the Tentative Map to the satisfaction of the Deputy City Engineer - Utilities i
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design and construct said public water facilities as shown on public improvement plans
43. The Developer shall provide design and construct public facilities within the public rig
26 of-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 27 be deemed necessary for adequate maintenance, access and/or joint utility purposes.
28 I)
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44. The Developer shall design landscape and irrigation plans for use of recycled water I
submit said plans to the Deputy City Engineer - Utilities for review, comment i
approval.
- Fire
45. A monument sign shall be installed at each driveway entrance indicating the ral
of addresses located on the property.
46. All interior security and access control plans shall be submitted with the build;
plans and approved by the Building Department prior to installation.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limitec
the following:
47. The tentative map approval shall expire twenty-four (24) months from the date of fi
decision for tentative map approval.
48. Developer shall exercise special care during the construction phase of this project
prevent off-site siltation. Planting and erosion control shall be provided in accordar
with the Carlsbad Municipal Code and the City Engineer.
49. The Developer shall pay a landscape plan check and inspection fee as required by Secti
20.08.050 of the Carlsbad Municipal Code.
50. All roof appurtenances, including air conditioners, shall be architecturally integrated a
concealed from view and the sound buffered from adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction oft
Directors of Community Development and Planning.
51. The Developer shall pay park-in-lieu fees to the City, prior to the ?pproval of the fir
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
52. Addresses, approved by the Building Official, shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; calor of identificati
and/or addresses shall contrast to their background color, as required by Carlsh
Municipal Code Section 18.04.320.
53. Per Carlsbad Municipal Code and the Uniform Fire Code, all sprinkler systems install
protect the building shell must be hydraulically calculated and equipped in such a manr
as to readily permit extension of automatic fire sprinkler protection into fbture buildi:
improvements.
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PC RES0 NO. 4744 -12-
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reservations, or other exactions hereafter collectively referred to for convenience
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicatio
“fees/exactions.”
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You have 90 days from date of approval to protest imposition of these feedexactions. If J
protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
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 fees/exactic
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 gil
a NOTICE similar to this, or as to which the statute of limitations has previously otherw
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannj
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following vote, to wit: l5
Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by .
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AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Sega:
and Trigas
l8 /I NOES:
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ABSENT: Commissioners Heineman and Baker
ABSTAIN:
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WILLIAM COMPAS, Chairperso% 24
ddlLanu-L b
CARLSBAD PLANNING COMMISSION
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Planning Director
PC RES0 NO. 4744 -13-