HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 4767// 0 0
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PLANNING COMMISSION RESOLUTION NO. 4767
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO SIX LOTS ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD AND
WEST OF OWENS AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NO.: CT 99-20
CARLSBAD TRACT NUMBER CT 99-20 TO SUBDIVIDE 7.35
CASE NAME: CARLSBAD AIRPORT CENTER - LOT 10
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WHEREAS, Carlsbad Summit, LLC, a California limited liability cornpan:
as “Developer” and “Owner,” has filed a verified application with the City of Carlsbz
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Lot 10 of Carlsbad Tract No. 81-46, Unit 1, in the City of
Carlsbad, County of San Diego, State of California, according
to map No. 11287, filed in the Office of the County Recorder of
San Diego County, July 15,1985
14 (( (“the Property”); and
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Map as shown on Exhibits “A” - “T” dated May 3, 2000, on file in the Planning Departmc l6
WHEREAS, said verified application constitutes a request for a Tentative Tr’
l7 11 CARLSBAD AIRPORT CENTER - LOT 10, CT 99-20, as provided by Title 20 of 1
18 II 11 Carlsbad Municipal Code; and 19
20 WHEREAS, the Planning Commission did, on the 3rd day of May, 2000 and
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said request; and 22
the 17th day of May, 2000, hold a duly noticed public hearing as prescribed by law to consil
23 /I 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 fact
relating to the Tentative Tract Map.
27 // NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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3 Findings: -
B) That based on the evidence presented at the public hearing, the Commissil
APPROVES CARLSBAD AIRPORT CENTER - LOT 10, CT 99-20, 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 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, md the St;
Subdivision Map Act, and will not cause serious public health problems, in that; thc
are adequate facilities in place to serve the proposed development; the project is
allowed use and complies with the development standards of the Carlsbad Airpc
Center specific plan; the project is consistent with all Title 20 and 21 regulatio
governing subdivisions and the design of non-residential planned development.
2. That the proposed project is compatible with the surrounding future land uses sir
surrounding properties are designated for Planned Industrial development on 1
General Plan and Carlsbad Airport Center specific plan, in that the adjact
properties are developed with multi-story office buildings.
3. That the site is physically suitable for the type and intensity of development since the s
is adequate in size and shape to accommodate non-residential development at 1
intensity proposed, in that the project meets the development standards and
consistent with all applicable development standards of Title 20, the P-M zone a
SP 181(A). All required public facilities will be provided.
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 project is conditioned to process dedications and vacations of easements.
5. That the property is not subject to a contract entered into pursuant to the La
Conservation Act of 1965 (Williamson Act).
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and provide separation for solar exposure and adequate air movement. 21
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 structures are orien
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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 tk
habitat, in that the site was graded with the mass grading of the Carlsbad Airp
Center specific plan and has been maintained as a graded pad with no vegetat
cover.
8. That the discharge of waste from the subdivision will not result in violation of exist
California Regional Water Quality Control Board requirements, in that the projeci
conditioned to adhere to City Engineering Standards and 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 conditioned herein, is
conformance with the Elements of the City’s General Plan, Carlsbad Airport Cenl
specific plan based on the facts set forth in the staff report dated May 3,2000, includil
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 and I
uses allowed by AP 181(A).
B. Circulation - The project is served by Owens Avenue and has direct access
public streets. The streets adjacent to the project site, Owens Avenue a
Camino Vida Roble, are adequate to serve the 1,438 average daily trj
(ADT) generated by this project.
C. Noise - Noise levels impacting the site will not exceed 60 CNEL and 1
design of the building, with closed windows and air-conditioning, Y
attenuate exterior noise. The project will not, by the passive nature of 1
use, generate a significant amount of noise.
10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo
Facilities Management Plan for Zone 5 and all City public facility policies 2
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 Policy No. 17 and will
collected prior to the issuance of building permit.
C. The Local Facilities Management fee for Zone 5 is required by Carlsl
Municipal Code Section 21.90.050 and will be collected prior to issuance
building permit.
D. The Park Facilities impact fee for Zone 5 is required by Carlsbad Munici
Code Section 21.90.050 and will be collected prior to issuance of build
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 st
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
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outside the 60 CNEL contour which designates office and industrial development
a compatible land use.
13. The Planning Commission has reviewed each of the exactions imposed on the DeveloI
contained in this resolution, and hereby finds, in this case, that the exactions are impos
to mitigate impacts caused by or reasonably related to the project, and the extent and 1
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 occupar
issued under the authority of approvals herein granted; institute and prosecute litigation
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 interna
consistent and in conformity with the final action on the project. Development sk
occur substantially as shown on the approved Exhibits. Any proposed developmi
different from 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 paym
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 invz
unless the City Council determines that the project without the condition complies M
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend 1
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, i
representatives, from and against any and all liabilities, losses, damages, demands, clai
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-discretion2
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. I 11 PC RES0 NO. 4767 -4-
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6. The Developer shall submit to the Planning Department a reproducible 24" x 3(
mylar copy of the Tentative Map reflecting the conditions approved by the final decisi
making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawi
format.
8. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting Program, PUD 99-09, and PIP 99-03 a
is subject to all conditions contained in Planning Commission Resolutions No. 47
and 4768 for those other approvals.
9. A Planned Industrial Permit shall be submitted to and approved by the Planni
Director prior to building permit issuance.
10. Prior to the issuance of a building permit, the Developer shall provide proof to 1
Director from the School District that this project has satisfied its obligation to prov:
school facilities.
11. This project shall comply with all conditions and mitigation measures which are requil
as part of the Zone 5 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
12. Building permits will not be issued for this project unless the local agency providj
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 E
facilities will continue to be available until the time of occupancy. A note to this eff:
shall be placed on the Final Map.
13. 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 applicant
further aware that the City may determine that certain non-residential projects may h;
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 said ordinance and
resolution, then the Developer, or hiskerltheir 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 7
become null and void.
14. 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. The CC&Rs shall adequately addr
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maintenance of all common landscaped areas and paved parking areas. Prior
issuance of a building permit the Developer shall provide the Planning Department witl
recorded copy of the official CC&Rs that have been approved by the Department of Rt
Estate and the Planning Director. At a minimum, the CC&Rs shall contain the followi
provisions:
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 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 necess;
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 Associatiol
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 1
necessary maintenance to either Common Area Lots and/or Associatiol
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 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 collecti
against the Owners in the Project pursuant to the provisions of this Section. S,
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 i
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 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 1
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 Ownel
the Project hereby vests the City with the right and power to levy such spec
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assessment, to impose a lien upon their respective Lot and to bring all leg
actions and/or 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.
E. Landscape Maintenance Responsibilities. The Owners Associations a:
individual lot or unit owner landscape maintenance responsibilities shall be as :
forth in Exhibit .
15. 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 ir
healthy and thving condition, free from weeds, trash, and debris.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to I
landscape plan check process on file in the Planning Department and accompanied by 1
project’s building, improvement, and grading plans.
17. 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.
18. 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 Non-residential Planned Development Permit by Resolutions P
4766 and 4768 on the real property owned by the Developer, Said Notice of Restricti
shall note the property description, location of the file containing complete project det2
and all conditions of approval as well as any conditions or restrictions specified
inclusion in the Notice of Restriction. The Planning Director has the authority to exec1
and record an amendment to the notice which modifies or terminates said notice up01
showing of good cause by the Developer or successor in interest.
19. Prior to the recordation of the first final tract map or the issuance of building perm
whichever occurs first, the Developer shall prepare and record a Notice that this prope
may be subject to noise impacts fi-om the proposed or existing Transportation Corridor
a form meeting the approval of the Planning Director and City Attorney (see Noise Fa
#1 on file in the Planning Department).
Onsite Conditions - Specific
20. The Developer shall submit and obtain Planning Director approval of a Unifo
sign program for this development prior to occupancy of the building.
21. The Developer shall construct trash receptacle and recycling areas enclosed by a six-f
high masonry wall with gates pursuant to City Engineering Standards and Carlsl
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by
Planning Director. Enclosure shall be of similar colors and/or materials to the projec
the satisfaction of the Planning Director.
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22. No outdoor storage of materials shall occur onsite unless required by the Fire Chi1
When so required, the Developer shall submit and obtain approval of the Fire Chief a
the Planning Director of an Outdoor Storage Plan, and thereafter comply with t
approved plan.
23. Prior to issuance of a grading permit, the applicant shall submit to the Planni:
Department a recorded copy of a right-of-way use agreement with San Diego G
and Electric and a letter of permission for grading and construction
improvements from San Diego Gas and Electric for the proposed encroachmer
into the existing easement for the grading and construction of the parking area.
24. 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 of 1
Directors of Community Development and Planning.
Engineering
General
25. Prior to hauling dirt or construction materials to or from any proposed construction s
within this project, Developer shall apply for and obtain approval from, the City Enginc
for the proposed haul route.
26. Prior to issuance of any building permit, Developer shall comply with the requirements
the City’s anti-graffiti program for wall treatments if and when such a program
formally established by the City.
27. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and otl
recorded document, for maintaining the private easements within the subdivision and
the private improvements: streets, sidewalks, street lights, and storm drain facilit
located therein and to distribute the costs of such maintenance in an equitable man
among the owners of the properties within the subdivision.
28. There shall be one Final Map recorded for this project.
FeedAereements
29. Developer shall cause property owner to execute and submit to the City Engineer
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
30. Developer shall cause property owner to execute and submit to the City Engineer
recordation the City’s standard form Drainage Hold Harmless Agreement regard
drainage across the adjacent property.
31. Prior to approval of any grading or building permits for this project, Developer SI
cause Owner to give written consent to the City Engineer to the annexation of the a
shown within the boundaries of the subdivision into the existing City of Carlsbad Str
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Lighting and Landscaping District No. 1 , on a form provided by the City Engineer.
32. The Developer shall pay park facilities impact fees to the City, prior to the approv
of the final map as required by Chapter 21.90.050 of the Carlsbad Municipal Code
Grading
33. Prior to the issuance of a grading permit or building permit, whichever occurs fir
Developer shall submit to the City Engineer proof that a Notice of Intent (NOI) for t
start of work has been submitted to the State Water Resources Control Board.
34. Based upon a review of the proposed grading and the grading quantities shown on t
Tentative Map, a grading permit for this project is required. Developer shall apply for a
obtain a grading permit from the City Engineer prior to issuance of a building permit 1
the project.
Dedicationsfimprovements
35. Developer shall execute and record a City standard Development hprovemt
Agreement to install and secure with appropriate security as provided by law, pub
improvements shown on the Tentative Map and the following improvements includir
but not limited to water main to City Standards to the satisfaction of the City Engineer.
Public Waterline
A list of the above shall be placed on an additional map sheet on the Final Map per 1
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed aba
shall be constructed within 18 months of approval of the subdivision or developmc
improvement agreement or such other time as provided in said agreement.
36. Developer shall cause Owner to waive direct access rights on the final map for all I(
abutting Palomar Airport Road.
37. Developer shall comply with the City's requirements of the National Pollutant Discha
Elimination System @€'DES) permit. Developer shall provide improvements construc
pursuant to best management practices as referenced in the "California Storm Water B
Management Practices Handbook" to reduce surface pollutants to an acceptable le
prior to discharge to sensitive areas. Plans for such improvements shall be submitted
and subject to the approval of the City Engineer. Said plans shall include but not
limited to notifylng prospective owners and tenants of 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.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor 1
antifreeze, 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, fungicia 1 PC RES0 NO. 4767 -9-
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herbicides, insecticides, fertilizers and other such chemical treatments shall ml
Federal, State, County and City requirements as prescribed in their respecti
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutx
when planning any changes to the landscaping and surface improvements.
5 I) 38. Developer shall install sidewalks along all public streets abutting the project
tj ll conformance with City of Carlsbad Standards.
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39. Developer shall have design, apply for and obtain approval of the City Engineer, for 1
structural section for the access aisles with a traffic index of 5.0 in accordance with C
Standards due to truck access through the parking area and/or aisles with an ADT grea
than 500. The structural pavement design of the aisle ways shall be submitted togetl
with required R-value soil test information and approved by the City Engineer as part
the building or grading plan review whichever occurs first.
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40. Developer shall show on Final Map the net developable acres for each parcel. l2
Final Map Notes
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41. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. All improvements are privately owned and are to be privately maintained with '
1. Watermain (public portion)
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B. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest 1
agreed to hold harmless and indemnify the City of Carlsbad from any action that IT
arise through any geological failure, ground water seepage or land subsidence 2
subsequent damage that may occu on, or adjacent to, this subdivision due to
construction, operation or maintenance.
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23 II Water
24 42. The developer shall be responsible for all fees, deposits and charges which will
collected before and/or at the time of issuance of the building permit. The San Dic
25 County Water Authority capacity charge will be collected at issuance of application
any meter installation. 26
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28 Design.
43. The developer shall provide potable, recycled and fire flow water demands in gallons
minute and estimated sewer flow in million gallons per day to the Deputy City Enginel
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44. The developer shall design and construct all potable and recycled water, sewer and f
hydrants to current City of Carlsbad Standards.
45. The developer shall design all landscaping to be irrigated with recycled water per CMM
standards and City ordinances.
46. The developer shall prepare a colored recycled water use map and submit this map to 1
Planning Department for processing and approval by the Deputy City Engineer - Utilitil
47. The following note shall be placed on the final map:
"This project is approved upon the expressed condition that building permits will not
issued for development of the subject property unless CMWD, has adequate water a
sewer capacity available at the time development is to occur, and that such water a
sewer capacity will continue to be available until time of occupancy."
48. All potable and recycled water meters shall be placed within public right-of-way.
49. A fire flow system shall be required for this industrial development and it shall
constructed as a two source system. The developer shall complete the two soul
water system by tying into the existing water line north of the subject project. T
water system shall provide fire flow service to one hydrant and to fire sprink.
systems. The other source shall be provided from Owens Avenue and include a f
hydrant and potable water system for the subject project.
50. The developer shall finance and arrange for construction inspection by City inspectors,
the public sewer, potable and recycled water and fire hydrants with the City of Carlsbac
5 1. The developer shall verify that existing sewer easement, that is to be quitclaimed
CMWD, serves no purpose and that Lot 9 has suitable access for utilities.
52. The developer shall develop and submit to the Deputy City Engineer - Utilitie!
maintenance plan for the private sewer and potable water system.
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53. A monument sign shall be installed at each driveway entrance indicating the ra1
of addresses located on the property.
54. 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:
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55. The tentative map shall expire twenty-four (24) months from the date this tentative mi
approval becomes final.
56. Developer shall exercise special care during the construction phase of this project
prevent off-site siltation. Planting and erosion control shall be provided in accordan
with the Carlsbad Municipal Code and the City Engineer.
57. The Developer shall pay a landscape plan check and inspection fee as required by Sectil
20.08.050 of the Carlsbad Municipal Code.
58. 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; color of identificatil
and/or addresses shall contrast to their background color, as required by Carlsb
Municipal Code Section 18.04.320.
59. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordan
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfacti
of the City Engineer.
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 1
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 gil
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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~ 11 PC RES0 NO. 4767 -12-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 17th of May, 2000, by the followi
vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTADJ:
WILLIAM di!%&A+w COMPAS, Chairper on
CAFUBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4767 -13- I