HomeMy WebLinkAbout2006-06-21; Planning Commission; Resolution 6118PLANNING COMMISSION RESOLUTION NO. 6118
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 06-03 TO DEVELOP A 13 UNIT
3 RESIDENTIAL AIRSPACE CONDOMINIUM PROJECT ON
PROPERTY LOCATED SOUTH OF TAMARACK AVENUE,
4 ADJACENT AND WEST OF THE RAILROAD RIGHT-OF-
, WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
6 MANAGEMENT ZONE 1.
CASE NAME: TUSCANY BY THE SEA
7 CASE NO.: CT 06-03
8 WHEREAS, Randall K. Lockett, "Developer," has filed a verified application
9
with the City of Carlsbad regarding property owned by Tuscany By The Sea, LLC, "Owner,"
10
described as11
12 That portion of Lot 6 in Block S of Palisades Number Two, in
the City of Carlsbad, County of San Diego, State of California,
13 according to Map thereof No. 1803, filed in the Office of the
County Recorder of San Diego County, on August 25,1924
14
("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Tentative Tract
17 Map as shown on Exhibits "A" - "W" dated June 21, 2006, on file in the Planning Department
18 TUSCANY BY THE SEA - CT 06-03, as provided by Chapter 20.12 of the Carlsbad
19 Municipal Code; and
20
WHEREAS, the Planning Commission did, on the 21st day of June 2006, hold a
21
~~ 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
25 relating to the Tentative Tract Map.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27
Commission of the City of Carlsbad as follows:
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES TUSCANY BY THE SEA - CT 06-03, based on the following
findings and subject to the following conditions:
3
Findings;4
1. 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
7 project is consistent with all regulations governing airspace subdivisions and the
design of multi-family condominiums.8
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High Density (RH) development
on the General Plan, in that the proposed multi-family project is compatible with the
adjacent existing multi-family residential development.
11
3. That the site is physically suitable for the type and density of the development since the
12 site is adequate in size and shape to accommodate residential development at the density
. _ proposed, in that all required development standards and design criteria required by
the RD-M Zone and Planned Development Ordinance are incorporated into the
14 project without the need for variances from development standards and the lot
coverage at 38.8%, is below the maximum 60% lot coverage allowed.
15
4. 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 tbe project has been designed and conditioned so that there are no conflicts with
13 established easements.
19 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
20
6. 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 designed
22 in a courtyard configuration with balconies for each unit to maximize the exposure
of each unit to natural light and ventilation.
23
7. That the Planning Commission has considered, in connection with the housing proposed
24 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.
8. That the design of the subdivision and improvements are not likely to cause substantial
27 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site has been previously graded and is surrounded by
28 existing development.
PCRESONO. 6118 -2-
9. That the discharge of waste from the subdivision will not result in violation of existing
2 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
3 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
4 System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herein, is in
5 conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated June 21, 2006 including, but -not limited to the following:
7
a. Land Use - The project is consistent with the City's General Plan since the
Q proposed density of 18.4 du/ac is within the Residential High Density range
of 15 - 23 du/ac specified for the site as indicated in the Land Use Element of
10 the General Plan, and is below the Growth Management Control Point of 19
du/ac. Development at the GMCP would allow 13.3 units on the property.
1 1 The 13 proposed units result in a density of 18.6 dwelling units per acre. The
project's proposed density of 18.6 du/ac (13 dwelling units) is within the RH
density range, but is slightly below the GMCP density (19 du/ac) used for the
purpose of calculating the City's compliance with Government Code Section
65863. At the GMCP, 13.3 units would be permitted on the .7-acre property.
14 However, consistent with Program 3.8 of the City's certified Housing
Element, all of the dwelling units which were anticipated toward achieving
the City's share of the regional housing need that are not utilized by
developers in approved projects, including fractional units, are deposited in
the City's Excess Dwelling Unit Bank. These excess dwelling units are
17 available for allocation to other projects. Accordingly, there is no net loss of
residential unit capacity and there are adequate properties identified in the
18 Housing Element allowing residential development with a unit capacity,
including second dwelling units, adequate to satisfy the City's share of the
regional housing need.
20 b. Circulation - The project will take access off of Tamarack Avenue and the
21 project is required to construct full street improvements. On-site circulation
consists of a private driveway which will be designed in accordance with City
22 standards.
c. Noise - The project is consistent with the 60dBA CNEL exterior noise
standard for required common and private recreation space and is
conditioned to incorporate noise mitigation measures to ensure compliance
25 with the 45 dBA CNEL interior noise standards.
26 d. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the applicant is proposing
to purchase two affordable housing credits in the Roosevelt Garden
Condominium housing project.
PCRESONO. 6118 -3-
e. Public Safety - The project is required to provide an automatic fire sprinkler
2 system.
3 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
4 ordinances. The project includes elements or has been conditioned to construct or
r provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
6 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.
7 Specifically,
o
a. The project has been conditioned to provide proof from the Carlsbad Unified
9 School District that the project has satisfied its obligation for school facilities.
10 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
, 2 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.
13
12. The project has been conditioned to pay any increase in public facility fee, or new
14 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 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
i /- public facilities and will mitigate any cumulative impacts created by the project.
17 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
18
14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
19 Code Section 14.28.020 and Landscape Manual Section I B).
90^u 15. That all necessary public facilities required by the Growth Management Ordinance will
21 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.
22
16. The Planning Commission of the City of Carlsbad does hereby find:
23
a. the project is a project for which a Mitigated Negative Declaration was
previously adopted [15162]; and
25 b. this project is consistent with the project/plan cited above; and
26
c. Mitigated Negative Declaration CT 02-11 - Villa Paridisio was adopted in
2' connection with the prior project or plan; and
28
PCRESONO. 6118 -4-
d. the project has no new significant environmental effect not analyzed as significant
2 in the prior Mitigated Negative Declaration; and
3 e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Sections 15162 or 15163 exist; and4
5 f. The Planning Commission finds that all feasible mitigation measures identified
in the Mitigated Negative Declaration CT 02-11 - Villa Paradisio which are
6 appropriate to this Subsequent Project have been incorporated into this
Subsequent Project.
7
„ 17. 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
9 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.
10
Conditions:
11
.„ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map
recordation or issuance of grading permit, whichever occurs first.
13
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
14 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
16 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
17 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
1 ° or a successor in interest by the City's approval of this Tentative Tract Map.
19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
20 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
21 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
23 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.
24
4. If any condition for construction of any public improvements or facilities, or the payment
25 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
2ft 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
27 unless the City Council determines that the project without the condition complies with
all requirements of law.
28
PCRESONO. 6118 -5-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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)
4 City's approval or issuance of any permit or action, whether discretionary or non-
e discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
6 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
7 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
o
9 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
10 making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
j2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
13
8. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
. , Plan prior to the issuance of building permits.
16 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
17 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
19 shall be placed on the Final Map.
20 10. Developer shall implement, or cause the implementation of, the Villa Paradisic - CT 02-
11 Project Mitigation Monitoring and Reporting Program.
~~ 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
23 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
24 condition, free from weeds, trash, and debris.
25 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
26 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
27
13. Developer shall establish a homeowner's association and corresponding covenants,
2° conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
PCRESONO. 6118 -6-
Developer shall provide the Planning Department with a recorded copy of the official
2 CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
3
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
c of, or in which the City has an interest.
6 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.o
9 c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
10 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
1 the City elects to perform such maintenance, the City shall give written notice to the
12 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
13 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
14 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
16 Owners as provided herein.
17 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
in 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
20 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
21 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,
23 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
24 pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
27 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
28 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
PCRESONO. 6118 -7-
his/her respective Lot for purposes of collecting such special assessment in
2 accordance with the procedures set forth in Article of this Declaration.
3 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
4
c f. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
6
7 14. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
9 requirement.
10 15. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
12 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
13 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
14 Directors of Community Development and Planning.
17. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
17
18. This approval is granted subject to the approval of the Condominium Permit 06-05 and
Coastal Development Permit 06-14 and is subject to all conditions contained in
19 Planning Commission Resolutions No. 6119 and 6120 for those other approvals
incorporated herein by reference.
20
19. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
~~ Developer shall enter into an Affordable Housing Agreement with the City to purchase 2
housing credits in the Roosevelt Street housing project to satisfy the project's
23 affordable housing requirement, in accordance with the requirements and process set
forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
24 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.
20. Prior to occupancy of the first dwelling unit the Developer shall provide all required
27 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
28
PCRESONO. 6118 -8-
21. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of
2 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
3 City of Carlsbad has issued a Tentative Tract Map, Condominium Permit and Coastal
Development Permit by Resolutions No. 6118, 6119, and 6120 on the property. Said
Notice of Restriction shall note the property description, location of the file containing
c 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
6 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
7 interest.
g
22. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
9 #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
10 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 4, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
12 approval will not be consistent with the General Plan and shall become void.
13 23. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
14 or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
I g 24. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
17 may be subject to noise impacts from the proposed or existing Transportation Corridor
(Tamarack Avenue and Rail Line), in a form meeting the approval of the Planning
Director and City Attorney (see Noise Form #1 on file in the Planning Department).
19 25. Developer shall post a sign in the sales office in a prominent location that discloses which
20 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.21
~~ 26. 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
23 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
24 satisfaction of the Planning Director.
25 Engineering
26 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
27 approval of this proposed tentative map, must be met prior to approval of a final map, building or
grading permit whichever occurs first.28
PCRESONO. 6118 -9-
General
2
27. 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.
5 28. 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
6 the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
8 29. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
9 approved drainage course or street to the satisfaction of the City Engineer.
30. There shall be one Final Map recorded for this project.
31. Developer shall install sight distance corridors at all street intersections in accordance
12 with Engineering Standards and shall record the following statement on the Final Map
(and in the CC&Rs).
13
"No structure, fence, wall, tree, shrub, sign, or other object above the street level may be
placed or permitted to encroach within the area identified as a sight distance corridor in
accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The
underlying property owner shall maintain this condition."
16
The limits of these sight distance corridors shall be reflected on any improvement,
1' grading, or landscape plan prepared in association with this development.
18 Fees/Agreements
19
32. Developer shall cause property owner to execute and submit to the City Engineer for
20 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
22 33. Prior to approval of any grading or building permits for this project, Developer shall
23 cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
26
34. Pursuant to Section 20.16.040 (d), the Developer shall execute and cause to be
27 recorded a covenant running with the land, not to oppose an improvement district
for underground placement of the existing overhead utilities.28
PCRESONO. 6118 -10-
1 Grading
2
35. Based upon a review of the proposed grading and the grading quantities shown on the
3 tentative map, a grading permit for this project is required. The project grading plans
. shall be designed, secured and approved prior to start of any construction.
Developer shall apply for and obtain a grading permit from the City Engineer prior to
5 issuance of a building permit for the project.
6 36. Storm drain facilities within the subject property are privately owned and
maintained. The project CC&Rs shall include provisions for periodic observation
and permanent maintenance of the detention facilities and storm drain system.
8 Dedications/Improvements
9
37. Developer shall cause Owner to make an offer of dedication to the City and/or other
*" appropriate entities for all public easements shown on the tentative map. The offer shall
., be made by a certificate on the final map and/or separate recorded document. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
12 Streets that are already public are not required to be rededicated.
13 38. Unless otherwise noted, the proposed storm drain system shall be privately owned and
maintained within the boundaries of the subdivision.14
15 39. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
16 to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
1' plancheck and inspection fees.
18 40. Developer shall execute and record a City standard Subdivision Improvement Agreement
19 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
20 grading, clearing and grubbing, relocation of utilities, sewer, water, fire hydrants, street
lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the
City Engineer.
22
41. Additional right-of-way along Tamarack Avenue shall be dedicated by Owner along the
23 project frontage. The dedication shall be aligned so the proposed sidewalk adjacent to
the project driveway will be located entirely within the City's right-of-way.
25 42. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
26 pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
27 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
PCRESONO. 6118 -11-
a. All owners and tenants shall coordinate efforts to establish or work with established
2 disposal programs to remove and properly dispose of toxic and hazardous waste
products.
3 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,
6 County and City requirements as prescribed in their respective containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
7 when planning any changes to the landscaping and surface improvements.
43. Prior to the issuance of grading permit or building permit, whichever occurs first,
9 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
10 Storm water 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
i ~ 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;
b. identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
15 c. recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
16 extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
1 g procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
19 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.
21 Final Map Notes
22
44. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
23
a. All improvements are privately owned and are to be privately maintained.
25 b. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
26
c. Geotechm'cal Caution:27
i. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
PCRESONO. 6118 -12-
from any action that may arise through any geological failure, ground
2 water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
3 maintenance.
No structure, fence, wall, tree, shrub, sign, or other object above the street
r level may be placed or permitted to encroach within the area identified as sight
distance corridors.
6
Water
7
45. 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,
9 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
10 satisfaction of the District Engineer.
46. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
12 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
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47. The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
,r improvement plans.
16 48. 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
17 improvement plans.
49. The Developer shall design and construct public water and sewer 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.
20 50. The Developer shall provide separate potable water meters for each separately owned
21 unit.
22 51. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable 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.
25 Fire Conditions;
26 52. The use of storage room in S- Parking Garages is only permitted if the following
conditions are met:
1. All must be protected by fire sprinkler system
28 2. Doors to each unit must be FR doors with view windows meeting FR.
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3. the ceiling of each room will be provided with a screen six inches below sprinkler
2 deflector across entire ceiling area of enclosure.
3 53. Delete the backflow device nearest the railroad tracks and consider consolidating
and using a single backflow for entire project.4
^ 54. Provide KNOX key boxes at each gate in commons areas.
6 55. No storage of pool chemicals below grade or 1st Floor.
7 56. Provide a monument directory at entrance.
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57. Garages shall bear address numbers to which unit served.
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58. Using occupant load factor found in CA Building Code Table 10-A, two exits are
10 required from sun decks.
59. Fire Alarm system shall be of the 'Single-station' type with water-flow monitoring.
12 60. Fire department standards will ask you to provide an area or room for the fire
13 sprinkler riser that is accessible from the exterior. Garage interiors are acceptable
so long as the riser assembly can be protected from interruptions and vandalism.
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. ~ Code Reminders
16 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
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61. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
19 62. Developer shall exercise special care during the construction phase of this project to
20 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
21 of the City Engineer.
22 63. Approval of this request shall not excuse compliance with all applicable sections of the
23 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
25 Code Section 18.04.320.
26 65. Any signs proposed for this development shall at a minimum be designed in conformance
27 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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66. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
2 required by Chapter 20.44 of the Carlsbad Municipal Code.
3 67. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.4
5 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."
8
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
9 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
i follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
12
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
15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 21 day of June 2006, by the
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following vote, to wit:4
5 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
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NOES:
7
_ ABSENT:
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9 ABSTAIN:
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12 MARTELL B. MONlfiOMER^^Riairperson
CARLSBAD PLANNING COMMISSION
13 "
14 ATTEST:
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DON NEU
17 Assistant Planning Director
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