HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 60021
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PLANNING COMMISSION RESOLUTION NO. 6002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
INTO NINE POSTAGE STAMP LOTS AND ONE COMMON
LOT ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF FARADAY AVENUE BEWTEEN PRIESTLY
DRIVE AND RUTHERFORD ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: FARADAY SPECTRUM
CARLSBAD TRACT CT 05-08 TO SUBDIVIDE 4.56 ACRES
CASE NO.: CT 05-08
WHEREAS, Faraday Spectrum, LLC , “Developer/Owner” has filed a verified
application with the City of Carlsbad regarding property described as
All that portion of Lot 44 of Carlsbad Tract Map 85-24, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 11810, filed in the Office of the
County Recorder of San Diego, May 19,1987, being also Parcel
3 of the land described in Certificate of Compliance recorded
October 6, 2004 as file number 2004-0948732 of official
records.
All that portion of Lot 44 of Carlsbad Tract Map 85-24, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 11810, filed in the Office of the
County Recorder of San Diego, May 19,1987, being also Parcel
4 of the land described in Certificate of Compliance recorded
October 6,2004 as file number 2004-0948733 of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit “A” dated December 7, 2005, on file in the Planning Department
FARADAY SPECTRUM - CT 05-08, as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of December 2005,
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.
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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 Commission
APPROVES FARADAY SPECTRUM - CT 05-08, based on the following
findings and subject to the following conditions:
Findinm:
1.
2.
3.
4.
5.
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
proposed subdivision complies with all minimum requirements of Title 20 and has
been designed to comply with the Non-Residential Planned Development Ordinance,
the Heavy Commercial - Limited Industrial (CM) Zone and the Carlsbad Research
Center Specific Plan 180 (F) development standards.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Heavy Commercial - Limited Industrial
Zone development on the General Plan, in that surrounding properties are land use
designated for industrial development and have been developed as such.
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 industrial development, in that the
project complies with all development standards and public facilities requirements
without the need for variances from the 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 concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the proposed development.
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 15301(k) - Existing
Facilities, which involve the subdivision of existing commercial or industrial
buildings where no other physical changes are involved, 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.
...
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6.
7.
8.
9.
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12.
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 the design and
location of the lots allows for the adequate building separations to allow for solar
exposure and to take advantage of 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 the site is developed and no natural resources exist on the site.
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
includes a desiltation swale and the project has been designed in accordance with,
and conditioned to comply with, the National Pollution Discharge Elimination
System Standards to prevent any discharge violations.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan 180(F)
based on the facts set forth in the staff report dated December 7, 2005 including, but not
limited to the following:
A. Land Use - The proposed officehdustrial uses are consistent with the Planned
Industrial land use and Heavy Commercial - Limited Industrial (CM) zoning
designations for the site.
B. Circulation - All public infrastructures necessary to serve the project will be
constructed in accordance with City standards.
C. Noise - The project is not significantly impacted by roadway noise from Faraday
Avenue or from noise from the operation of McClellan-Palomar Airport.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
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13.
14.
15.
16.
17.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 5 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.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the project is compatible with the
projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix
of the CLUP, the proposed land use is compatible with the airport, in that the project site
is outside the 60 CNEL noise contour and standard building construction will
attenuate interior noise to at least 50 dBA CNEL.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 5.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards.
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
recordation.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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 Tentative Tract Map.
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2.
3.
4.
5.
6.
7.
8.
9.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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 Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, 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 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 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 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
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10. Developer shall establish an owner’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. The CC&Rs shall adequately address
maintenance of all common landscape areas, employee eating areas, and paved
access and parking areas. Prior to recordation of the final map the Developer shall
provide the Planning Department with a draft copy of the CC&Rs. The approved
CC&Rs shall be recorded concurrently with the final map. At a minimum, the
CC&Rs shall contain the following provisions:
a.
b.
C.
d.
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.
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.
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.
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,
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11.
12.
13.
e.
f.
g.
h.
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.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
The required CC&Rs shall assign to a governing board the responsibility for
reviewing all proposed tenant improvements for the project to ensure that the
number of required parking spaces to accommodate the combined proportions
of uses, based on the parking ratios required by Chapter 21.44 of the Carlsbad
Municipal Code, does not exceed 215 spaces.
Prior to submitting building plans for tenant improvements to the City of
Carlsbad Building Department, the governing board shall be required to
approve the tenant improvement plans for purposes of assuring an adequate
distribution of parking spaces.
The location and size of all employee eating areas, parking areas, and
landscaped areas within the project as shown on Exhibit shall not be
altered, reduced, fenced, or divided to preclude the equal use by all
owners/employees of the site.
This approval is granted subject to the approval of PUD 05-06 and is subject to all
conditions contained in Planning Commission Resolution No. 6003 for those other
approvals incorporated herein by reference.
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 Tract map and Non-residential Planned Unit Development permit by
Resolutions No. 6002 and 6003 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 recordation of the Final Map, a joint use parking agreement shall be
submitted for review and approval by the Planning Director, City Engineer, and
City Attorney. The agreement shall provide for the following:
A. The sharing in perpetuity of all parking and access aisles/driveways onsite,
and between all the uses proposed for the Faraday Spectrum project.
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14.
15.
16.
17.
B.
C.
The agreement shall not be modified without the prior written approval of
the Planning Director, City Engineer, and City Attorney.
A copy of the joint use parking agreement shall be recorded in the Office of
the County Recorder and copies filed with the Planning Director prior to
issuance of building permits for the project.
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.
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 andor 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.
All lighting shall be designed to reflect downward and avoid any impacts on adjacent
homes or property.
En Pineering:
General
18.
19.
20.
21.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: driveways, sidewalks, street lights, landscaping and irrigation,
storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
Developer shall install sight distance corridors at all street and driveway intersections in
accordance with Engineering Standards and shall record the following statement on the
Final Map (and in the CC&Rs).
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"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight which is
established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight
line is depicted on the tentative map and also applies to driveways. The underlying
property owner shall maintain this condition."
The limits of these sight distance corridors shall be reflected on all improvement, grading,
or landscape plans prepared in association with this development.
Grading
22. 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.
23. 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
24.
25.
26.
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 by
separate document. 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 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, signing & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, relocation of facilities, sewer, water, fire hydrants, street lights,
water quality treatment facilities and reclaimed water, to City Standards to the
satisfaction of the City Engineer. The improvements are:
a) Onsite improvements including but not limited to sewer, water, recycled
water, storm drain, water quality treatment facilities, and access as shown on
the Tentative Map.
b) Frontage improvements along Faraday Ave. consisting of repair and
reconstruction of sidewalk and curb & gutter damaged or disturbed during
construction activities. Reconstruction of Parkway improvements,
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27.
28.
landscaping and irrigation, pocket park lunch areas and facilities disturbed
or relocated during construction activities.
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 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.
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.
c.
Identify 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;
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
d.
e.
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f. 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.
Final Map Notes
29. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
30. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
3 1. 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.
Water
32.
33.
34.
35.
36.
37.
38.
39.
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 20-30 foot 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 Dieao County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
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.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
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
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Fire:
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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.
Not withstanding any specific code requirements for the installation of fire
sprinklers in any building other than that on Lot 2, the applicant should be
informed that the Fire Department will not permit the use by any occupant that
would require any one of the special use permits identified in Article 1, Section 105
of the California Fire Code, current edition.
Code Reminders
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.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of December 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
KTEST:
DON NEU
Assistant Planning Director
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