HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50951
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PLANNING COMMISSION RESOLUTION NO. 5095
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT NUMBER CT 01-08 TO SUBDIVIDE 14.6
ACRES INTO 8 LOTS ON PROPERTY GENERALLY
LOCATED NORTH OF CORTE DE LA PINA, BETWEEN
CORTE DEL CEDRO AND EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: NORTH POINTE WEST
CASE NO.: CT 01-08
WHEREAS, Car&as Development Company, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Lots 9 through 12 of Carlsbad Tract No. 98-07, according to
Map No. 13716, filed in the Offke of the County Recorder on
December 31, 1998, in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “N” dated December 5, 2001, on file in the Planning
Department NORTH POINTE WEST - CT 01-08, as provided by Chapter 20 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of December 2001,
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 testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES NORTH POINTE WEST - CT 01-08, based on the following
findings and subject to the following conditions:
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Findings:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with other applicable regulations
including the Non-residential Planned Development Ordinance and the Planned
Industrial (P-M) zoning designation.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for industrial development on the General Plan, in
that the project is an infill project and completely surrounded by developed
property*
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed industrial
development while complying with all development standards and public facilities
requirements.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that concurrent with the recordation of the final map, the developer will vacate and
adjust any easements that conflict with the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project will be confined to the existing graded area and no
encroachment into the adjacent riparian area will occur.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
(NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated December 5,200l including, but not limited to the following:
The proposed industrial development is consistent with the Planned Industrial (PI)
General Plan Land Use designation;
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The project will provide safe, adequate and attractively landscaped parking
facilities;
Temporary construction activities will be required to comply with the City’s
construction noise ordinance, all activities upon occupation will be required to
comply with the noise performance standards of the Planned Industrial (P-M) zone;
The project is conditioned to pay the non-residential affordable housing linkage fee,
if adopted by the City Council prior to issuance of building permits;
All structure will be designed and constructed in accordance with the seismic design
standards of the Uniform Building Code and State building requirements;
All necessary water mains, fire hydrants, and appurtenances must be installed prior
to occupancy of any structure and all-weather access roads will be maintained
throughout construction;
All facilities needed to serve the development will be constructed prior to, or
concurrent with, construction;
9. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
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 be
collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 5 of 40 cents per square foot for
park facilities is required by Carlsbad Municipal Code Section 21.90.050 and
will be collected prior to issuance of building permit.
10. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
11. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 5.
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12.
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The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that the maximum
airport noise levels on the subject property is 60 dBA CNEL and office, research
and development, and warehouse uses are compatible with noise environments of up
to 75 dBA CNEL.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
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 grading or
building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
The Developer shall submit to Planning Department a reproducible 24” x 36”, mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
This approval is granted subject to the approval of PUD 98-01(A) and PIP 98-07(A) and
is subject to all conditions contained in Planning Commission Resolution No. 5096 for
PUD 98-01(A) and the Planning Director approval letter for PIP 98-07(A).
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
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and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
15. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied bv the Citv. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
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equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
e. Landscane Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit “K”, dated
December 5,200l.
16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
17. Prior to the issuance of the final map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued an Tentative Tract Map, Non-residential Planned Unit
Development, and Planned Industrial Permit Amendment by Resolutions No. 5095
and 5096 on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a 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 permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
19. The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
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the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
21. The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property.
22. Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
23. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Engineering:
Note:
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Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from the City Engineer,
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements, including, but not limited to: drive aisles, sidewalks, light
standards, storm drain facilities, etc. located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision.
There shall be one Final Map recorded for this project.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
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of work has been submitted to the State Water Resources Control Board.
Upon completion of grading, Developer shall file an “as-graded” geologic plan with
the City Engineer. The plan shall clearly show all the geology as exposed by the
grading operation, all geologic corrective measures as actually constructed and must
be based on a contour map which represents both the pre and post site grading.
The plan shall be signed by both the soils engineer and the engineering geologist,
and shall be submitted on a 24” x 36” mylar or similar drafting film format suitable
for a permanent record.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
Developer shall cause Owner to execute separate covenant’s of easement for 1)
drainage and 2) reciprocal access and maintenance as shown on the tentative map.
The obligation to execute and record the covenant of easement shall be shown and
recording information called out on the final map.
Developer shall cause Owner to record applicable water easements to the Carlsbad
Municipal Water District (CMWD) shown on the tentative map and project
improvement plans. The easements shall be dedicated by separate instrument. All
easements dedicated shall be done so free and clear of all liens and encumbrances and
without cost to the City or CMWD.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of all private streets/drive aisles and drainage systems
to the satisfaction of the City Engineer. The structural section of all private streets/drive
aisles shall conform to City of Carlsbad Standards based on R-value tests. All private
streets/drive aisles and drainage systems shall be inspected by the City. Developer shall
pay the standard improvement plan check and inspection fees.
Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public and private
improvements shown on the tentative map, including, but not limited to the following
improvements, to City Standards and to the satisfaction of the City Engineer:
a) Concrete sidewalk, accessing Corte de la Pina;
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W On-site water improvements:
cl On-site fire hydrants.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the Subdivision Improvement
Agreement or such other time as provided in said Agreement.
40. Prior to the issuance of grading permit, the developer shall submit for City approval a
“Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance
with current requirements and provisions established by the San Diego Region of the
California Regional Water Quality Control Board. The SWPPP shall address measures to
reduce to the maximum extent possible storm water pollutant runoff at both construction
and post-construction phases of the project. At a minimum, the Plan shall:
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b)
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d)
Identify existing and post-development on-site pollutants;
Recommend source control Best Management Practices (BMPs) to filter said
pollutants;
Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee and customer education on
the proper procedures for handling clean up and disposal of pollutants;
Ensure long-term maintenance of all post construct BMPs in perpetuity;
41. Developer shall show on the final map the net developable acres for each parcel.
42. Notes to the following effects shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Water improvements (including waterlines and fire hydrants).
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad from
any action that may arise through any geological failure, ground water seepage
or land subsidence and subsequent damage that may occur on, or adjacent to,
this subdivision due to its construction, operation or maintenance.
D. (Covenant of easement recording information.)
43. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows, fire hydrant locations and building
sprinklers) are required to serve the project. On-site fire hydrants shall be considered a
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public improvement and shall be served by public water mains, within 20’ minimum
public easements, to the satisfaction of the CMWD District Engineer.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno County Water
Authoritv canacitv charge(s) prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
Prior to final map, a standard Encroachment Agreement shall be executed by the
owner of the property for flat-work encroachment on existing and proposed public
waterlines, as shown on the tentative map and improvement plans.
Prior to submittal of improvement and grading plans and the final map, the labels
and title block noting CT 98-07 on sheets 1 to 3 of 3 of the tentative map conforming
mylar shall be revised to read CT 01-08.
Prior to submittal of improvement and grading plans, and, the final map, the
engineer of work shall sign sheet’s 1 to 3 of 3 of the tentative map conforming mylar.
Prior to submittal of improvement and grading plans, and the final map, the
developer shall submit a recorded copy of Preliminary Title Report (dated February
26, 2001), Schedule “BY’ Item No. 11: “Grant Deed, recorded February 23,2001, as
File No. 2001-0103534.”
Code Reminders:
51. Developer shall exercise special care during the construction phase of this project to
prevent off-site siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
52. The Average Daily Traffic (ADT) and floor area contained in the staff report and shown
on the tentative map are for planning purposes only. Developer shall pay traffic impact
and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
53. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
54. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
CARLSBAD PLANNING tiOMMISSION
ATTEST:
Planning Director
PC RESO NO. 5095 -13-