HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53361
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PLANNING COMMISSION RESOLUTION NO. 5336
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
SUBDIVISION OF 11 CONDOMINIUM UNITS ON A 1.15
ACRE PARCEL GENERALLY LOCATED ON THE
NORTHEAST CORNER OF JEFFERSON STREET AND LAS
FLORES DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: FARBER JEFFERSON STREET CONDO
CASE NO.: CT 02- 13
WHEREAS, Farber Family Limited Partnership, “Developer/Owner,” has filed
CARLSBAD TRACT CT 02-13 TO ALLOW THE AIRSPACE
a verified application with the City of Carlsbad regarding property described as:
That portion of Tract 2 of Laguna Mesa Tract, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1719, filed in the office of the County
Recorder of San Diego County, June 20,1921
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Traci
Map as shown on Exhibits “A” - “L” dated January 15, 2003, on file in the Planning
Department, FARBER JEFFERSON STREET CONDO - CT 02-13, as provided by Chapter
20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January, 2003,
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:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES FARBER JEFFERSON STREET CONDO - CT 02-13 based on
the following findings and subject to the following conditions:
Findinps:
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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
project is consistent with all Title 20 and 21 regulations governing airspace
subdivisions and the design of multi-family condominiums.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Medium High (RMH) density
development on the General Plan, and are developed with both multi-family projects
or single-family residences.
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 all required development standards and design criteria required by
the applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
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 the
project has been designed and conditioned and that there are no conflicts with
established easements.
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 provides, to the extent feasible, for hture passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in a manner that allows for southern exposure to the sun but also will receive cooling
from the prevalent sea breezes coming off the ocean and Buena Vista Lagoon located
to the northwest of the project site.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
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 site has been previously graded and is surrounded by
existing development.
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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 is
served by existing storm drain and sewer collection facilities. The project is
conditioned to comply with the National Pollution Discharge Elimination System
Standards to prevent any discharge violations.
The City CounciYPlanning 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 January 15,2003 including, but not limited to the following:
Land Use - The project is consistent with the City’s General Plan since the
proposed density of 11 du/acre is within the density range of 8 - 15 du/acre
specified by the site as indicated on the Land Use Element of the General Plan
and is below the growth control point of 11.5 du/acre.
Circulation - The project is served by an existing fully improved public
streets which operate at acceptable levels of service. On-site circulation
consists of a private driveway which provides access to an underground
parking garage designed in accordance with City standards.
Noise - The project is consistent with the 60 dBA CNEL exterior noise
standard for all areas required to satisfy the private and common recreational
requirements established for condominium development and the 45 dBA
CNEL interior noise standard.
Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the Developer has been
conditioned to reserve two units as affordable to low income families or
purchase credits in a combined inclusionary housing project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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
B) Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will
C) The Public Facility fee is required to be paid by Council Policy No. 17 and will be
School District that the project has satisfied its obligation for school facilities.
be collected prior to issuance of building permit.
collected prior to the issuance of building permit.
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
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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.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
14. 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 final map
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- - approval or issuance of grading permit, whichever occurs first.
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 modi@ all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or Wher 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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Map/Condominium Permit 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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
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 Map/Condominium
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
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non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Department a reproducible 24” x 36,” mylar copy
of the Tentative Map/Site Plan 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 1 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 the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CP 02-08, CDP 02-32, and SDP
02-14, and is subject to all conditions contained in Planning Commission Resolutions No.
5335,5337,5338, and 5339 for those other approvals.
All construction activities shall be planned so that grading will occur in units that
can be easily completed within the summer construction season. All grading
operations shall be limited to April 1 to October 1 of each year. All areas disturbed
by grading shall be planted within 60 days of initial disturbance and prior to
October with temporary or permanent (in the case of finished slopes) erosion control
methods. The October 1 grading season deadline may be extended with the approval
of the City Engineer subject to implementation by October 1 of erosion control
measures designed to prohibit discharge of sediments off-site during and after the
grading operation is completed. Extensions beyond November 15 may be allowed in
areas of very low risk of impact to sensitive coastal resources and may be approved
either as part of the original Coastal Development Permit or as a formal amendment
to an existing Coastal Development Permit.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict two dwelling units (including: Units I & J) as affordable to lower-income
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households for 55 years, in accordance with the requirements and process set forth in
Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement
shall be submitted to the Planning Director no later than 60 days prior to the request to
final the map. The recorded Affordable Housing Agreement shall be binding on all future
owners and successors in interest.
Upon showing by the developer that an onsite contribution is not appropriate for the
project, a second inclusionary housing option available to the developer shall be that prior
to final map approval, the developer shall enter into an agreement with the City to
participate in an offsite combined inclusionary project within the northwest quadrant and
as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the
Carlsbad Municipal Code and City Council Policies 57 and 58 dated September 12, 1995.
Prior to City Council approval, the developer shall submit a signed Affordable Housing
Agreement to the Housing and Redevelopment Director.
The recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
The Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. 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.
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.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
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 City. 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.
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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 by the City. 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
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 prorata 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 hisher
respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article of this Declaration.
17. Prior to the approval 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, notifylng all interested parties and successors in interest that the
City of Carlsbad has issued a Mitigated Negative Declaration, Tentative Tract Map,
Condominium Permit, Coastal Development Permit and Site Development Plan by
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Resolutions No. 5335, 5336, 5337, 5338, and 5339 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.
Prior to the recordation of the first final map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor (I-
5), in a form meeting the approval of the Planning Director and City Attorney (see Noise
Form #1 on file in the Planning Department). This notice shall inform potential buyers
that some recreational areas exceed the City’s 60 dBA CNEL noise standard;
however, each unit is provided with recreational amenities as required by Chapter
21.45 of the Carlsbad Municipal Code that satisfy the City’s noise standard.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing
schools, parks and streets.
Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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.
Noise walls facing Jefferson Street and Las Flores Drive required for private patios
and decks and common upper level decks (C, D, and E) shall be a combination of a 2’
opaque base and a transparent upper section using 3/8 inch tempered glass or 5/8
inch thermoplastic (plexi-glass).
Engineerinw
24. 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.
25. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
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among the owners of the properties within the subdivision.
26. There shall be one Final Map recorded for this project.
27. Developer shall install sight distance corridors at all street intersections in accordance with
Engineering Standards.
FeedAPreements
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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.
Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Jefferson Street along the
subdivision frontage for a half street width of varying feet. Public improvements shall
include but are not limited to base, sidewalks, grading, clearing and grubbing,
undergrounding or relocation of utilities, street lights, and retaining walls.
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.
Grading
31. 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 of
work has been submitted to the State Water Resources Control Board.
32. 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.
Dedications/Improvements
33. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the Tentative
Map. The offer shall be made by a certificate on the Final Map and/or separate recorded
document. All land so offered shall be offered fiee and clear of all liens and encumbrances
and without cost. Streets that already public are not required to be rededicated.
34. Developer shall cause Owner to dedicate additional right-of-way along Jefferson Street to
10 feet behind the existing curb. Dedication to be made by a certificate on the Final Map.
35. Developer shall obtain an easement for emergency access from the adjoining owner
to the north as shown on the Tentative Map. Easement to include designation of the
emergency access area as a “Fire Lane,” and shall be signed and posted to the
satisfaction of the Fire Marshal.
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Prior to issuance of a grading permit, Developer to obtain an Encroachment Permit
from the California Department of Transportation (Caltrans) for all work within the
Caltrans right of way.
Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited to
paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights,
and retaining walls, to City Standards to the satisfaction of the City Engineer.
A) A public water main with fire hydrant near the northerly project boundary, or
equivalent water source to the satisfaction of the City Engineer and Fire Marshal.
B) Removal or modification of the existing non-conforming gate in the proposed
emergency access easement to the satisfaction of the City Engineer and Fire
Marshal.
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 or development
improvement agreement or such other time as provided in said agreement.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along or within the subdivision boundary.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours
and 24 hours duration under developed conditions, are equal to or less than the runoff
from a storm of the same frequency and duration under existing developed conditions.
Both 6 hour and 24-hour storm durations shall be analyzed to determine the detention
basin capacities necessary to accomplish the desired results.
Project is a Priority Development Project as defined in Section F.l.b.(2)(a) of
California Regional Water Quality Control Board, San Diego Region, Order No.
2001-01. Prior to issuance of a grading permit, Developer shall prepare, and submit
for review by the City, a Storm Water Management Plan (SWMP) specifying
enhanced level Best Management Practices to eliminate or reduce to the maximum
extent practicable pollutants in storm water runoff.
Final Map Notes
40. Developer shall show on Final Map the net developable acres for each parcel.
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 the
exception of the following:
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(1) Fire hydrants and appurtenant public mains.
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) No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as sight
distance corridors.
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Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows, fire hydrant locations, building
sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered
public improvements and shall be served by public water mains to the satisfaction of the
District Engineer.
Prior to issuance of building permits, Developer shall be pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge prior to meter installation.
The Developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the Site Plan to the satisfaction of the City Engineer. Provisions
for said public facilities shall be reflected on public improvement plans.
The Developer shall design and construct public facilities within the public right-of-way or
within minimum 20-feet wide easements granted to the City of Carlsbad. At the discretion
of the City Engineer, wider easements may be required for adequate maintenance, access
andor joint utility purposes.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer -
Design.
Special Conditions
48. The Average Daily Trips (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.
...
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Fire
49. The entire project shall be fire sprinklered per NFPA13.
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Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent offsite 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.
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.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
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 feedexactions. 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 feedexactions
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.
PC RES0 NO. 5336 12
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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 15th day of January, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
.
G COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5336 13