HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 6084PLANNING COMMISSION RESOLUTION NO. 6084
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF A
TENTATIVE TRACT MAP TO SUBDIVIDE A 13.98-ACRE
3 SITE DEVELOPED WITH 28 BUILDINGS TOTALING 203,808
SQUARE FEET INTO 28 AIRSPACE NONRESIDENTIAL
4 UNITS ON PROPERTY GENERALLY LOCATED ALONG THE
5 NORTH SIDE OF PALOMAR AIRPORT ROAD AND EAST OF
EAGLE DRIVE IN LOCAL FACILITIES MANAGEMENT
6 ZONE 18.
CASE NAME: GREYHAWK BUSINESS PARK
7 CASE NO.: CT 05-21
8 WHEREAS, Hofman Planning Associates, "Developer," has filed a verified
9
application with the City of Carlsbad regarding property owned by Greyhawk Associates,
10
"Owner," described as11
12 Lot 5 of Carlsbad Tract No. 99-06, in the City of Carlsbad,
County of San Diego, State of California, According to the
13 Map Thereof No. 14831, Filed in the Office of the County
Recorder of San Diego County, June 29, 2004 as file No.
14 2004-0606935 of official records
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Tentative Tract
17
Map as shown on Exhibits "A" - "H" dated May 17, 2006, on file in the Planning Department18
19 GREYHAWK BUSINESS PARK - CT 05-21, as provided by Chapter 20.12 of the Carlsbad
20 Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 17th day of May 2006, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26 relating to the Tentative Tract Map.
27
28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
B) That based on the evidence presented at the public hearing, the Commission
APPROVES GREYHAWK BUSINESS PARK - CT 05-21, based on the
following findings and subject to the following conditions:
Findings;
° 1. That the proposed map and the proposed design and improvement of the subdivision as
n 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
10 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,
1 and the Planned Industrial (P-M) Zone development standards.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Planned Industrial development on the
14 General Plan, in that surrounding properties have a General Plan Land Use
designation of Planned Industrial (P-M) and have been developed as such.
3. 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
17 project complies with all development standards and public facilities requirements
without the need for variances from the development standards.
18
4. That the design of the subdivision or the type of improvements will not conflict with
19 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.
22 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
23
6. The Planning Director has determined:
24
a. That the project is a project for which a Mitigated Negative Declaration was
previously adopted [ 15162].
26
b. This project is consistent with the project/plan cited above.
27
c. Mitigated Negative Declaration GPA 01-07/ZC 01-06/CT 99-067 HDP 99-037
28 pip 01-03 - Palomar Forum was adopted in connection with the prior project or
plan.
PCRESONO. 6084 -2-
d. The project has no new significant environmental effect not analyzed as
2 significant in the prior Mitigated Negative Declaration.
3 e. None of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
4 15163 exist.
* 7. 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
in a manner that allows for adequate building separations to allow for solar
7 exposure and to take advantage of prevailing breezes.
8 8. 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.
9. 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
12 habitat, in that the site is developed and no natural resources exist on the site.
13 10. 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, and conditioned to comply with, the National
15 Pollution Discharge Elimination System Standards to prevent any discharge
violations.
16
11. 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
, 8 the staff report dated May 17,2006, including, but not limited to, the following:
19 a. Land Use - The proposed office/industrial uses are consistent with the
Planned Industrial (PI) General Plan Land Use and Planned Industrial
20 (P-M) Zoning designations for the site.
b. Circulation - All public infrastructure necessary to serve the project will be
~~ constructed in accordance with City standards.
23 c. Noise - The project is not significantly impacted by roadway noise from
Palomar Airport Road or from noise from the operation of McClellan-
24 Palomar Airport.
25 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 18, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
27 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
28 facilities; libraries; government administrative facilities; and open space, related to the
PC RESO NO. 6084 -3-
project will be installed to serve new development prior to or concurrent with need.
2 Specifically,
3 a. The project has been conditioned to provide proof from the Carlsbad Unified
and the San Marcos Unified School District that the project has satisfied its
^ obligation for school facilities.
13. The project has been conditioned to pay any increase in public facility fee, or new
5 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
7 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.8
14. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 18.
10 15. That all necessary public facilities required by the Growth Management Ordinance will
11 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.
12
16. 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
^4 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.
15
Conditions:
16
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
19 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
20 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
22 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
23 or a successor in interest by the City's approval of this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
25 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
26 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval shall require an amendment to this approval.
~o 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 6084 -4-
1
2 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
3 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.
6 5. 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
7 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,
9 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
10 (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
, 2 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
13
6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
16 Director from the Carlsbad Unified and San Marcos Unified School Districts that this
project has satisfied its obligation to provide school facilities.
17
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 18 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
20 9. 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
21 adequate water service and sewer facilities, respectively, are available to the project at the
22 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
23 shall be placed on the Final Map.
24 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
26 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
27 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:
PCRESONO. 6084 -5-
a. General Enforcement by the City. The City shall have the right, but not the
2 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
3
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.
6
Failure of Association to Maintain Common Area Lots and Easements, hi the event
7 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
10 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, hi the event that the Association fails to carry out such
, 2 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
13 be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
14
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
17 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
1 ° 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
20 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
21 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
23 rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
24 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
27 Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
28
PC RESO NO. 6084 -6-
e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
2 landscape maintenance responsibilities shall be as set forth in Exhibit _
3 f. 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 611 spaces.
g. 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 ensuring an adequate
distribution of parking spaces.
9
h. The location and size of all employee eating areas, parking areas, and
10 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.
12 11. This approval is granted subject to the approval of PUD 05-17 and is subject to all
13 conditions contained in Planning Commission Resolution No. 6085 for those other
approvals incorporated herein by reference.
14
. - 12. 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
16 interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map and Non-residential Planned Development Permit by
17 Resolutions No. 6084 and No. 6085 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
19 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
20 good cause by the Developer or successor in interest.
71^l 13. Prior to recordation of the Final Map, a joint use parking agreement shall be
22 submitted for review and approval by the Planning Director, the City Engineer, and
the City Attorney. The agreement shall provide for the following:
23 A. The sharing in perpetuity of all parking and access aisles/driveways onsite,
and between all the uses proposed for the Palomar Forum project.
24 B. The agreement shall not be modified without the prior written approval of
the Planning Director, the City Engineer, and the City Attorney.
C. A copy of the joint use parking agreement shall be recorded in the Office of
26 the County Recorder and copies filed with the Planning Director prior to
recordation of a Final Map for the project.
27
14. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
28 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
PCRESONO. 6084 -7-
Director. Enclosure shall be of similar colors and/or materials to the project to the
2 satisfaction of the Planning Director.
3 15. No outdoor storage of materials shall occur on site 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.
6 16. All lighting shall be designed to reflect downward and avoid any impacts on adjacent
homes or property.
7
Engineering;8
9 General
10 17. 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.
12 18. Prior to issuance of any building permit, Developer shall comply with the requirements of
13 the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
14
19. 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
17 costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.18
20. 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
20 Final Map (and in the CC&Rs).
"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 Hne-of-sight which is
23 established per City Standard Public Street-Design Criteria, Section 8.B.I. The sight
line is depicted on the tentative map and also applies to driveways. The underlying
24 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.
27 Fees/Agreements
28 21. Prior to approval of final map for this project, Developer shall cause Owner to reapportion
or give additional consent to the existing City of Carlsbad Street Lighting and Landscaping
PC RESO NO. 6084 -8-
District No. 2. Said reapportionment and consent shall be on a form provided by the
2 Finance Department.
3 22. Prior to approval of the Final Map, Developer shall resolve the dual APN issue that
involves this parcel in compliance with CMC section 20.16.010 (1). Proof of the APN
adjustment or merger shall be submitted to the City Engineer. Such resolution may be in
the form of written confirmation from the County Tax Assessor and the affected school
districts that no changes to the existing tax boundaries are necessary as a result of this
6 project.
7 Grading
o 23. Prior to the issuance of a grading permit or building permit, whichever occurs first,
9 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.
10
24. 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
, 2 obtain a grading permit from the City Engineer.
13 Dedications/Improvements
14 25. 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 are already public are not required to be
17 rededicated.
* ° 26. 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.
20
27. Developer shall execute and record a City standard Subdivision Improvement Agreement
21 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 and striping, sidewalks, curbs and gutters, medians, grading,
23 clearing and grubbing, relocation of facilities, sewer, water, fire hydrants, street lights,
water quality treatment facilities and reclaimed water, to City Standards to the
24 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.
27 b) Frontage improvements along Grey Hawk Ct. if missing or damaged
during construction of the project.
28
PC RESO NO. 6084 -9-
1 c) All improvements required by CT 99-06 and LFM Plan Zone 18 are
2 hereby incorporated by reference.
3 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.
6 28. Prior to issuance of building permits for this subdivision, the developer shall provide
evidence that the backbone infrastructure has been constructed and accepted by the City
7 of Carlsbad for public use. A note to this effect shall be placed on the Final Map.
o
29. 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
10 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
12 the project. At a minimum, the SWPPP shall:
13 a. Include all content as established by the California Regional Water Quality
Control Board requirements.
14 b. Include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board.
c. 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
17 to City right-of-way or natural drainage course; and
d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
20 30. 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)."
21 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
23 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
24 project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project.
27 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
28 maximum extent practicable before discharging to City right-of-way.
PCRESONO. 6084 -10-
d. Establish specific procedures for handling spills and routine cleanup. Special
2 considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants.
3 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
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.
6 Final Map Notes
7 Notes to the following effects shall be placed on the map as non-mapping data.
o
31. Building permits will not be issued for development of the subject property unless the
9 appropriate agency determines that sewer and water facilities are available.
10 32. 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.
12 Water
13
33. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
14 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.
17 34. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20- to 3 0-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.
35. 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
21 Authority capacity chargers') prior to issuance of Building Permits.
22 36. 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.
23
37. 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
25 reflected on public improvement plans.
26 38. 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
27 improvement plans.
28
PC RESO NO. 6084 -11-
39. The Developer shall design and construct public water, sewer, and recycled water
2 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.
3
40. This project is approved upon the express condition that building permits will not be
4 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.
41. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
7 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
8 District Engineer.
o Code Reminders
10 The project is subject to all applicable provisions of local ordinances, including but not limited to
11 the following:
42. The tentative map shall expire twenty-four (24) months from the date this tentative map
, - approval becomes final.
14 43. 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
15 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.16
17 44. 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
18 permit issuance, except as otherwise specifically provided herein.
45. The project shall comply with the latest nonresidential disabled access requirements
2Q pursuant to Title 24 of the State Building Code.
21 46. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
22
47. 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
24 Director prior to installation of such signs.
25
26
27
28
PC RESO NO. 6084 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELL B. MONTGOMERY, tf^Irperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6084 -13-