HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57541
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PLANNING COMMISSION RESOLUTION NO. 5754
A RESOLUTION OF THE PLANNlNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-10 TO
ALLOW THE CONSTRUCTION OF AN 80-UNIT MIXED-
RATE APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED EAST OF COLLEGE BOULEVARD AND NORTH
OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: CANTARINI RANCH
CASE NO.: SDP 01-10
WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint
Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as
That portion of Lot “B” in Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County on November 16,1896,
described in a Grant Deed recorded July 9, 1962 as File/Page
No. 116406 of Official Records. Except therefrom that portion
thereof described in a Grant Deed recorded November 19,1965
as File/Page No. 210231 of Official Records. Also including
portions of Lot “D” and “E” of said Map No. 823, described in
a Grant Deed recorded September 7, 1995, as Doc. # 1995-
00100176 of Official Records. Also including a portion of Lot
“B” of said Map No. 823, described in a Grant Deed recorded
September 7,1995, as Doc. # 1995-0398027 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “M” dated October 20, 2004, on file in the Planning
Department, CANTARINI RANCH - SDP 01-10 as provided by Chapter 21.06/Section
2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of CANTARINI RANCH - SDP
01-10 based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that:
a.
b.
C.
d.
e.
The proposed 80-unit mixed-rate housing project is consistent with the
Residential Medium-High (RMH, 8-15 du/ac) land use designation proposed
in conjunction with the Cantarini Ranch development proposal and will help
to meet the housing needs of the community.
The project is consistent with all City policies and development standards
and will be used to satisfy the affordable housing requirements of both the
Cantarini Ranch and Holly Springs developments.
The project’s location adjacent to College Boulevard and the provision of
two points of access from a collector street (“C” Street) would not adversely
affect the surrounding properties.
The site is appropriate for higher-density residential development and
complies with the General Plan location criteria for affordable housing in
that the site is adjacent to a major arterial (College Boulevard) and other
transportation facilities are available (transit bus lines) which provide
convenient access to nearby employment areas and commercial services.
The project is proposed as a combined off-site project to meet the affordable
housing requirements for the Cantarini Ranch and Holly Springs projects
and other small projects within the vicinity.
2.
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That the provision of a combined off-site project, located outside of the boundaries
of the Sunny Creek Specific Plan, is more feasible that an on-site option due to the
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3.
4.
5.
6.
7.
8.
difficulty in integrating an affordable housing product type within an area
designated for residential estate type of development which would result in extreme
differences in price and product type disparity.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards including the RD-M
Zone.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that all required setbacks have been provided, a 40-foot
average landscape buffer is provided along College Boulevard, two points of access
are provided to the site to ensure for adequate emergency access, landscaping has
been integrated throughout the site, parking spaces are located in close proximity to
the apartments, and a variety of recreation facilities are integrated into the plan.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the public streets will be improved to full width
with curbs, gutters, sidewalks, and that the proposed streets have been
demonstrated to be adequate to accommodate the traffic generated by this project
through approval of the CantarinUHolly Springs Joint EIR - EIR 02-02.
That 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 to provide and deed restrict 40 dwelling units as
affordable to lower-income households.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 15 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.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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9. 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:
1.
2.
3.
4.
5.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit.
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 further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; 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 Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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 Site Development Plan, (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.
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6.
7.
8.
9.
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15.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolutions in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified 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 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Prior to issuance of a building permit, the Final Map for CT 00-18 shall be
approved and recorded.
This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and
Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, CT 00-18, HDP 00-09 and
SUP 00-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 5749,5750,5751, 5752,5753,5755 and 5756 for those other approvals
incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of approval of the Final Map for CT 00-18.
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.
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 40 dwelling units as affordable to lower-income households at 70% or
lower AMI 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.
At least 10% of the units designated for low-income housing shall have three or
more bedrooms.
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16.
17.
18.
19.
20.
21.
22.
The combined project is intended to satisfy the inclusionary housing requirements
for the Cantarini Ranch and Holly Springs developments as follows:
Cantarini Ranch - 19 units
Holly Springs - 8 units
Multi-family project - 8 units
Any excess low-income housing units may be used to satisfy the inclusionary
housing requirements for other developments within the northeast quadrant,
subject to City Council approval, as provided for in the Affordable Housing
Agreement.
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. Native plants shall be used adjacent to
the open space areas to the greatest extent feasible.
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 approval of a building permit, the Developer shall record a permanent
easement for public use of the community trail located on the northeast boundary of
the site. The trail shall be constructed as a private trail for public use and the
obligation for construction, maintenance and liability shall be the responsibility of
the property owner.
Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the project.
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 15, 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.
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23.
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31.
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 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 report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the building permit, 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 Site Development Plan by Resolution No. 5754 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 issuance of building permits, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor (College Boulevard), in a form meeting the approval of the
Planning Director and City Attorney (see Noise Form #1 on file in the Planning
Department).
Prior to the issuance of building permits, 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).
Developer shall post aircraft noise notification signs in all rental offices associated with
the new development. The number and locations of said signs shall be approved by the
Planning Director (see Noise Form #3 on file in the Planning Department).
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.
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
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
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32.
33.
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35.
36.
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.
Developer shall construct, install and stripe not less than 175 parking spaces, as shown on
Exhibit “C.”
All visitor parking spaces shall be striped a different color than the assigned
resident parking spaces and shall be clearly marked in a manner approved by the
Planning Director.
The management company shall ensure that there is no outdoor storage of
household goods, sports equipment, etc. on balconies and/or patios except for
barbeques, outdoor tables and chairs, or similar types of furniture commonly found
on patios.
Architectural features needed to achieve the interior noise standard of 45 dBA
CNEL shall be noted on the building plans. A statement certifying that the required
architectural features have been incorporated into the building plans, signed by the
acoustical analyst/acoustician shall be located on the building plans. The architect
shall also include his registration stamp in addition to the required signature. All
noise level reduction architectural components shall be shown on the architectural
building plans, and shall be approved.
Enhineering:
General
37. 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.
38. 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.
FeedAgreements
39. Prior to issuance of grading permits or building permits for this project, whichever
occurs first, improvements to College Boulevard and ‘C’ Street, pursuant to CT 00-
18, shall be approved and substantially complete to the satisfaction of the City
Engineer. This project shall be served by an improved roadway and operational
underground facilities (sewer, water, dry utilities, etc.) prior to development
permits.
Grading
40. Based upon a review of the proposed grading and the grading quantities shown on the
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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 issuance of a building permit for
the project.
41. Developer shall obtain a precise grading permit to the satisfaction of the City
Engineer.
42. 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.
Dedications/Improvements
43.
44.
45.
46.
47.
All public infrastructure necessary to serve this project, including but not limited to
public streets and underground utilities as shown on the Tentative Map, shall be
constructed to the satisfaction of the City Engineer.
Developer shall cause Owner to dedicate 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. All land so offered shall be offered free and clear
of all liens and encumbrances and without cost. Streets that already public are not
required to be rededicated.
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 execute a City standard Development 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, medians, signing and striping, traffic control, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards
and to the satisfaction of the City Engineer. The improvements are:
a.
b.
Public potable water lines and appurtenances as shown on the Site Plan.
Public sewer lines and appurtenances as shown on the Site Plan.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other lime as provided in said agreement.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. 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 notifqring prospective owners and tenants of
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48.
49.
the following:
a. All owners and tenants shall oordinate 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.
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
(S WPPP).” 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.
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. , identify existing and post-development on-site pollutants-of-concern;
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b.
c.
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
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;
provide calculations to verify numeric sizing criteria is met.
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identifl 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.
g.
50. Developer shall design, to the satisfaction of the City Engineer, for the structural section
for the access aisles with a traffic index of 5.0 in accordance with City Standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. The
structural pavement design of the aisle ways shall be submitted together with required R-
value soil test information and approved by the City Engineer as part of the building or
grading plan review whichever occurs first.
Water
51.
52.
53.
54.
55.
56.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to verify all fire protection measures (fire flows, fire hydrant locations, building
sprinklers) required to serve the project. All fire hydrants 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 Diego County Water
Authority capacity charae(s1 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 and the
Planning Director.
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.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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Fire:
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The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shol n on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
Developer shall submit design drawings prepared by a Registered Engineer for the
construction of potable water mains service laterals and meters, appurtenances
required to serve the project. Said plans shall be prepared to the satisfaction of the
District Engineer.
All buildings shall be required to have installed an approved automatic fire
sprinkler system. The title sheet shall indicate that the lot is so conditioned and
shall state “Fire Sprinklered.”
The following item shall be included CC&Rs:
The maintenance of common areas and fuel modification areas shall be submitted to
the Fire Department for review and approval.
Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot
clearance from combustible vegetation is required. There shall be no combustible
or wood fencing within 100 feet of native undisturbed vegetation (F.3-6).
No patio covers, decks or similar structures to homes shall occur within the fuel
modification zone unless fire rated or heavy timber materials are utilized. Approval
of said materials shall be obtained prior to installation from the Building
Department.
Please note that in accordance with the City’s adopted landscape manual, unless the
60- foot fuel modification zone begins at the property line, Section F.3-2 prohibits
tree and shrubs in the first twenty (20) - feet of the sixty (60) - foot zone.
No more than 20 units may be constructed in any phase without providing two
points of access, unless otherwise approved by the Fire Chief or hidher designee.
Code Reminders
65. 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.
66. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
67.
PC RES0 NO. 5754 -12-
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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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.
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 a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
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 final 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 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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PC RES0 NO. 5754 -13-
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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 20th day of October 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
*- + FRANK H. WHITON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
I--.
MICHAEL J. HOL&ILL&
Planning Director
PC RES0 NO. 5754 -14-