HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56211
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PLANNING COMMISSION RESOLUTION NO. 5621
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AIRSPACE CONDOMINIUMS ON PROPERTY GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF ROMERIA
AND GIBRALTAR STREETS IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: ROMERIA POINTE CONDOMINIUMS
CARLSBAD TRACT CT 03-07 TO SUBDIVIDE NINE
CASE NO: CT 03-07
WHEREAS, BNR Investment and Development, Inc., “Developer/
Owner,” has filed a verified application with the City of Carlsbad regarding property
described as:
Lot 393 of La Costa South Unit No. 5 according to Map thereof
No. 6600 filed in the Office of the County Recorder, March 10,
1970, being 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” - “P” dated May 19, 2004, on file in the Planning Department
ROMERIA POINTE CONDOMINIUMS - CT 03-07, as provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of May, 2004, 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 ROMERIA POINTE CONDOMINIUMS - CT 03-07, based on
the following findings and subject to the following conditions:
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
airspace subdivision satisfies all minimum requirements of Titles 20 and 21
governing multiple family development and has been designed to comply with all
applicable City regulations.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High (RH) density development
on the General Plan, in that the project is similar in density and design to other
properties in the vicinity.
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 residential
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 provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
to take advantage of shade or prevailing breezes.
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 no such environmental resources or fish or wildlife exist on the
previously graded site.
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9.
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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 has
been designed in accordance with the 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
System (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 May 19,2004.
a. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 17 du/ac is within the density range of 15 - 23 du/ac specified
for the site as indicated in the Land Use Element of the General Plan. The
project’s proposed density of 17 du/ac is slightly below the Growth Management
Control Point of 19 du/ac used for the purpose of calculating the City’s
compliance with Government Code Section 65584. However, consistent with
Program 3.8 of the City’s certified Housing Element, all of the dwelling units,
which were anticipated toward achieving the City’s share of the regional housing
need that are not utilized by developers in approved projects, are deposited in
the City’s Excess Dwelling Unit Bank. These excess dwelling units are available
for allocation to other projects. Accordingly, there is no net loss of residential
unit capacity and there are adequate properties identified in the Housing
Element allowing residential development with a unit capacity, including second
dwelling units, adequate to satisfy the City’s share of the regional housing need.
b. 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 enter into an Affordable Housing Agreement for the purchase of
2 credits in the Villa Loma affordable housing project to satisfy its 15%
inclusionary housing requirement.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 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; govemment 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 Encinitas Union and
San Dieguito Union High School Districts 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 permits.
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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 6 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to 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
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 6.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 - infill projects
located on properties in urban areas that are less that five acres, served by adequate
public facilities, and result in no environmental impacts exempts, of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
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 approval of
final map or issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to 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 hrther 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.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Map and 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, (b) City’s
approval or issuance of any permit or action, whether discretionary or 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 Director 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 Encinitas Union and San Dieguito Union High School Districts 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 6 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.
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This approval is granted subject to the approval of CP 03-05 and is subject to all
conditions contained in Planning Commission Resolution No. 5622 for those other
approvals incorporated herein by reference.
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 purchase 2
credits in the Villa Loma Apartment project as affordable to lower-income 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 fwture owners
and successors in interest.
The purchase of credits in the Villa Loma Apartment project must be approved by
City Council.
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.
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 by 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.
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
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,
, Section
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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
hidher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs landscape maintenance
responsibilities shall include all exterior hardscape and landscape areas as
well as walls and open iron rail fencing.
16. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
17. This project is being approved as an air space condominium. There will be no
individual ownership of land. A note to this effect shall be placed on the Final Map
with the exact wording to the satisfaction of the Planning Director.
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Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
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 a Tentative Map and Condominium Permit by Resolutions
No. 5621 and 5622 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.
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.
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.
Enpineerinp:
25. 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.
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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 submit to the City Engineer, a reproducible 24" x 36" mylar copy of the
tentative map and a digital copy of said map (in AutoCAD format, latest version)
reflecting the conditions approved by the final decision making body. The reproducible
shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's
project engineer and project planner prior to submittal of the building plans, final map,
improvement or grading plans, whichever occurs first. The digital file copy shall be
submitted in a format as approved by the City Engineer.
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: streets, sidewalks, street lights, and storm drain facilities,
Storm Water Pollutant Filters (CDS Unit) 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 install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CC&Rs):
Tvpe I1
"No struct,ure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property along or east of the line designated as the sight
line located at the project entrance, looking north onto Romeria Street. No
obstructions shall impede nor conflict with the line-of-sight which is established per
City Standard Public Street-Design Criteria, Section 8.B.3. The 275' sight line is
depicted on the tentative map. The underlying property owner shall maintain this
condition. "
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
31. 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 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
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Grading
32. Prior to the issuance f gradin 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.
33. 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 prior to the approval of the Final Map for
the project .
Dedications/Improvements
34.
35.
36.
37.
Additional drainage easements and or improvements to existing facilities on Gibraltar
Street 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 and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck 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 improvements
shown on the tentative map and site plan and the following improvements including, but
not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians,
grading, relocation of utilities, sewer, water, fire hydrants, street lights, and retaining
walls, to City Standards to the satisfaction of the City Engineer. The improvements are:
a.
b.
c.
d.
e.
f.
On-site improvements as shown on the Tentative Map.
Sewer facilities as directed by Leucadia Wastewater District.
Drainage facilities including but not limited to CDS Filter and curb outlet as
shown on the tentative map.
Repair and replacement of curb, gutter & sidewalk along the frontage of this
project of Romeria Street and Gibraltar Street.
Improvement or modification of storm drain inlet on Gibraltar Street (if
required by an approved hydrology study).
Proposed Street Light on Gibraltar Street as shown on the Tentative Map.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System ("DES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
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a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
38. Prior to the issuance of grading permit or building permit, whichever occurs first,
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 and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
39. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
identie existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
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c. recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
40. Prior to occupancy, Developer shall reconstruct or replace sidewalks, curb, gutter and
corner access ramp along all public streets abutting the Subdivision in conformance with
City of Carlsbad Standards.
Final Map Notes
41. Developer shall show on Final Map the net developable acres for this condominium
project.
42. 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:
Street improvements along and within the public right-of-way of Gibraltar
Street and Romeria Street, excluding the privately owned and privately
maintained CDS unit.
Sewer and water laterals as designated by the appropriate sewer or water
district.
43. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
44. Geotechnical Caution:
a. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
b. 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.
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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Water:
45.
46.
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53.
Prior to approval of improvement plans or final map, 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.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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
Authority capacity charne(s1 prior to issuance of Building Permits.
The Developer shall install potable water and meters at a location approved by the
District Engineer. The locations of said services shall be reflected on public improvement
plans.
The Developer shall provide separate potable water meters for each separately owned
unit.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
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 Final Map approval, Developer shall install a total of 10 water meters for
the project. Developer shall install 9 potable water meters for residential use and 1
irrigation meter to irrigate the common areas (Homeowner’s Association).
The Developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
Code Reminders:
54. 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.
55. 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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56.
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58.
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.
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 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 feedexactions 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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
/-
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
MICHAEL J. HOLMILLIS
Planning Director
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