HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 6362PLANNING COMMISSION RESOLUTION NO. 6362
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP TO ALLOW THE SUBDIVISION
3 OF A 19,760 SQUARE FOOT TWO-STORY MEDICAL OFFICE
BUILDING INTO 10 NON-RESIDENTIAL AIRSPACE
4 CONDOMINIUM UNITS ON A 1.94 ACRE LOT LOCATED ON
5 THE SOUTHEAST CORNER OF EL CAMINO REAL AND
TOWN GARDEN ROAD IN PLANNING AREA 1 OF THE
6 BRESSI RANCH MASTER PLAN AND IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
7 CASE NAME: BRESSI RANCH MEDICAL PLAZA
CASE NO.: CT 07-04
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9 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with
10 the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, "Owner,"
described as
12
Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of
13 Carlsbad, County of San Diego, State of California, according
to the map thereof No. 14960, filed in the office of the County
14 Recorder of San Diego County, February 4,2005
15 ("the Property"); and
16
17 WHEREAS, said verified application constitutes a request for a Nonresidential
18 Planned Development Permit as shown on Exhibits "A" - "M" dated December 5,2007, on file
19 in the Planning Department BRESSI RANCH MEDICAL PLAZA - CT 07-04 as provided by
20
Chapter 21.47 of the Carlsbad Municipal Code; and
21
22 WHEREAS, the Planning Commission did, on the 5th day of December 2007,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26
relating to the Tentative Tract Map.
27
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES BRESSI RANCH MEDICAL PLAZA - CT 07-04 based on the
following findings and subject to the following conditions:4
? Findings:
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
7 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, has been
designed to comply with the Nonresidential Planned Development Ordinance, and
the Office (O) Zone development standards.
10
2. That the proposed project is compatible with the surrounding land uses since the subject
11 and surrounding properties are designated for Office, Planned Industrial, and Open
Space development on the General Plan.
« 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 medical office development, in that
14 the project complies with all development standards and public facilities
requirements without the need for a variance from development standards.
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
1 _ 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.
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 the structures are
22 oriented in a manner that allows for solar exposure and to take advantage of
prevailing breezes.
23
7. That the design of the subdivision and improvements are not likely to cause substantial
24 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site has been previously graded and no natural resources
exist on the site.
8. That the discharge of waste from the subdivision will not result in violation of existing
27 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with, and conditioned to comply with, the National
28 Pollution Discharge Elimination System Standards to prevent any discharge
violations.
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9. The Planning Commission finds that the project, as conditioned herein, is in
2 conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated December 5,2007 including, but not limited to the following:
3
a. Land Use - The proposed project is consistent with the Office (O) General
4 Plan Land Use designation and all development standards of the Bressi
Ranch Master Plan.
5 b. Circulation - All public infrastructure necessary to serve the project has been
constructed in accordance with City standards.
7
c. Noise - The project is not significantly impacted by roadway noise from El
Camino Real and is wholly outside the 60 CNEL noise contour of the
9 McClellan-Palomar Airport.
10 10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 and all City public facility policies and
11 ordinances. The project includes elements or has been conditioned to construct or
1 ,- provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
13 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.
14 Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
16 School District that the project has satisfied its obligation for school facilities.
17 b. Developer shall pay non-residential park-in-lieu fee to the City, prior to the
approval of a building permit or the final map to be used for park facilities within
18 Zone 17.
19 11. The project has been conditioned to pay any increase in public facility fee, or new
2Q construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
21 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.
22
12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 17.
24 13. That all necessary public facilities required by the Growth Management Ordinance will
25 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.
26
14. The Planning Commission has reviewed each of the exactions imposed on the Developer
2' contained in this resolution, and hereby finds, in this case, that the exactions are imposed
~o 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.
PC RESO NO. 6362 -3-
Conditions;
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
3 the final map.
^ 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
r 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
6 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
7 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
9 or a successor in interest by the City's approval of this Tentative Tract Map.
10 2. 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
12 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
13
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
1 4 regulations in effect at the time of building permit issuance.
4. If any conditions for construction of any public improvements or facilities, or the
16 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
17 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.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 and costs, including court costs and attorney's fees incurred by the City arising, directly
22 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-
23 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
24 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
26 validated.
27 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
2° making body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
3
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
c that Plan prior to the issuance of building permits.
6 a. A growth management park fee of $0.40 per square foot of non-residential
development will be collected at the time of building permit issuance. This
7 fee will be used to construct recreational facilities to offset demand created
by employees within Local Facilities Management Zone 17.
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9 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
10 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
j2 shall be placed on the Final Map.
13 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
14 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
16 provide the Planning Department with a draft copy of the CC&Rs. The approved
CC&Rs shall be recorded immediately following the final map. At a minimum, the
17 CC&Rs shall contain the following provisions:
18 a. General Enforcement by the City. The City shall have the right, but not the
19 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
20
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
22 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
23
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
24 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
26 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
27 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
PC RESO NO. 6362 -5-
period specified by the City's notice, the City shall be entitled to cause such work to
2 be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
3
d. Special Assessments Levied by the City. In the event the City has performed the
4 necessary maintenance to either Common Area Lots and/or Association's Easements,
c 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
6 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
7 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
9 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
10 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
1 in equity. Without limiting the generality of the foregoing, in addition to all other
,2 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,
13 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
14 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
16 his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
17
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit ownerI O ^ K
landscape maintenance responsibilities shall be as set forth in CT 07-04.
19 11. This approval is granted subject to the adoption of the Negative Declaration and
20 approval of GPA 07-07, MP 178(F), SDP 07-03, PUD 07-04, and SUP 07-01 and is
subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360,
21 6361,6363, 6364 and 6365 for those other approvals.
22 12. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
23 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
24 Tentative Tract Map and Nonresidential Planned Development Permit by
Resolutions No. 6362 and 6364 on the property. Said Notice of Restriction shall note the
2-> property description, location of the file containing complete project details, and all
2£ 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
27 an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
28
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13. All proposed trees shall be clear from water easements and/or use root barriers to
2 ensure no root problems will occur with utilities and shall be depicted on the Final
Landscape Plans and planted as approved by the Planning and Engineering
3 Departments.
14. The Final Landscape Plans shall be designed to include parking lot screening in
c accordance with the City of Carlsbad Landscape Manual. Such screening shall
consist of planting or any combination of planting, mounding, and decorative walls,
6 which provides screening from streets of the parking areas to a minimum height of 3
feet.
7
Engineering;
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General
10 15. 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 16. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
13 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, storm drain facilities and storm
water Best Management Practice facilities located therein and to distribute the costs of
1. such maintenance in an equitable manner among the owners of the properties within the
subdivision.
16 Fees/Agreements
17
17. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
19 drainage across the adjacent property.
20 18. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the site plan into the existing City of Carlsbad Street
22 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
23 form provided by the City Engineer.
24 Grading
19. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
27 the project.
28 20. 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
PC RESO NO. 6362 -7-
of work has been submitted to the State Water Resources Control Board.
2 21. Developer shall comply with the City's requirements of the National Pollutant Discharge
3 Elimination System (NPDES) permit and the City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant
to best management practices as referenced in the "California Storm Water Best
, Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
6 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:
7
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
9 hazardous waste products.
10 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
12 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
13 Federal, State, County and City requirements as prescribed in their respective
containers.
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C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
16
22. Prior to the issuance of grading permit or building permit, whichever occurs first,
17 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
20 the project.
21 23. 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
23 Stormwater Mitigation Plan (SUSMP), Order 2007-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
24 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:
26 a. Identify existing and post-development on-site pollutants-of-concern.
27
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
28 could be impacted by this project.
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c. Recommend source controls and treatment controls that will be implemented with this
2 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite.
3 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on
^ the proper procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
6
f. Identify how post-construction runoff rates and velocities from the site will not
7 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.8
9 24. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
10 Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
, 2 whichever occurs first for this Project.
j 3 Dedications/Improvements
14 25. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
. ^ other appropriate entities for public water and sewer easements shown on the Site Plan
The offer shall be made by a separate recorded document. All land so offered shall be
\ 6 offered free and clear of all liens and encumbrances and without cost. Streets that already
public are not required to be rededicated.
17
26. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
j Q improvements shown on the Site Plan and the following improvements including, but not
limited to grading, clearing and grubbing, sewer, water, fire hydrants, street lights, and
20 reclaimed water, to City Standards to the satisfaction of the City Engineer. The
improvements are:
21
2~ a) Onsite public water main and fire hydrants.
23 b) Onsite public sewer main.
24 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.
26 27. Prior to grading permit issuance, Developer shall have design, apply for and obtain
27 approval of the City Engineer, for the structural section for the access aisles with a traffic
index of 5.0 in accordance with City Standards due to truck access through the parking
28 area and/or aisles with an ADT greater than 500. The structural pavement design of the
aisle ways shall be submitted together with required R-value soil test information and
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approved by the City Engineer as part of the building or grading plan review whichever
2 occurs first.
3 Final Map Notes
28. Add the following notes to the final map as non-mapping data.
5 All improvements are privately owned and are to be privately maintained with the
exception of the following:
a) Onsite public water main and fire hydrants.
7 b) Onsite public sewer main.
8
29. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
30. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
12 or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the City approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the City approved development plans.
15 Utilities
31. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
17 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
18 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
19
32. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
2i At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
22
33. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
25 34. The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
26
35. 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.
28
36. The Developer shall install potable water and recycled water services and meters at a
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locations approved by the District Engineer. The locations of said services shall be
2 reflected on public improvement plans.
3 37. 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
4 improvement plans.
38. The Developer shall design and construct public water, sewer, and recycled water
6 facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
7
39. The design and operation of the proposed water system shall comply with the
following:
9
a. A sub-meter shall be installed for each individually owned unit.
10 b. Wording within CC&Rs related to water meters cannot be changed without
the approval of the City Engineer,
c. Prior to sale of any unit, the owner shall create an impound account to be
12 funded with an amount equal to an estimated three months of water bill
payments.
13 d. Owners and tenants of the units shall be notified that the City may shutoff
water service to the entire building if adequate payment of the water bill is
14 not made.
A list of the above shall be place on an additional map sheet on the Final Map per the provisions
16 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
17 other time as provided in said agreement.
1 Q10 40. A fire flow system shall be required for this industrial development and it shall be
i Q constructed as a looped system. The Developer shall complete the looped water system
by tying into the existing waterline system on Town Garden Road and Metropolitan
20 Street to the satisfaction of the District Engineer.
21 Fire;
22 41. The applicant shall prepare and provide for Fire Department approval a "Maintenance
23 Agreement" that provides for the maintenance and repair of the fire sprinkler system and
its appurtenances.
24
42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
25 Code Section 18.04.320.
Code Reminders
27
The project is subject to all applicable provisions of local ordinances, including but not limited to
2° the following:
PC RESO NO. 6362 -11-
43. The tentative map shall expire twenty four (24) months from the date this tentative map
2 approval becomes final.
3 44. 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.
6 45. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Site Plan are for planning purposes only. Developer shall pay traffic impact and
7 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.8
9 46. 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
10 permit issuance, except as otherwise specifically provided herein.
47. The project shall comply with the latest nonresidential disabled access requirements
12 pursuant to Title 24 of the State Building Code.
13 48. 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
14 Director prior to installation of such signs.
15 NOTICE
16
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."
19 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
22 annul their imposition.
23 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
25 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
26 expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of December 2007, by the
following vote, to wit:
AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, and Montgomery.
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
^^
JULIE BA
CARLSBAV
ATTEST:
hairperson
INNING COMMISSION
DONNEU
Planning Director
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