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HomeMy WebLinkAbout2009-03-18; Planning Commission; Resolution 6541PLANNING COMMISSION RESOLUTION NO. 6541 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 CARLSBAD TRACT MAP CT 08-06 TO SUBDIVIDE A 1.06 ACRE SITE INTO 5 SINGLE FAMILY LOTS ON PROPERTY 4 GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND 5 DRIVE, ON THE WEST SIDE OF JAMES DRIVE, AND SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 1. CASE NAME: HIGHLAND JAMES SUBDIVISION 7 CASE NO.: CT 08-06 g WHEREAS, Robert Ladwig, "Developer," has filed a verified application with 9 the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner," 10 described as11 12 All That Portion of the Northwesterly 256.7 Feet of That Portion of Tract Two Hundred Forty-Seven (247) of Thum 13 Lands, in the County of San Diego, State of California, According to Map Thereof No. 1681, Filed in the Office of the 14 County Recorder of San Diego County, December 9,1915, 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "E" dated March 18, 2009, on file in the Planning Department18 19 HIGHLAND JAMES SUBDIVISION - CT 08-06, as provided by Chapter 20.12 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on March 18, 2009, hold a duly 22 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; and 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2° Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVED HIGHLAND JAMES SUBDIVSION - CT 08-06, based on the following findings and subject to the following conditions: 3 Findings:4 . 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 lots 7 being created are consistent with all requirements of the General Plan and all regulations governing subdivisions and all minimum requirements of Titles 20 and 21 governing lot sizes and configurations and the project has been designed to comply with all other applicable regulations including Title 21 and the Mello II Segment of the Certified Local Coastal Program. 10 2. That the proposed project is compatible with the surrounding future land uses since 11 surrounding properties are designated for Residential Low-Medium Density (RLM) development on the General Plan, in that the subject property is designated RLM (0-4 du/acre with a 3.2 du/acre Growth Management Control Point density). It has a net 1-3 area of 1 acre and at the RLM Growth Management Control Point, 3.2 dwelling units are allowed. The proposed project (5 lots on 1 net acre) has a density (5 14 du/acre) that is above the top of the RLM Growth Management Control Point and density range. However, the General Plan Land Use Element includes a commonly used policy that allows a density increase of 25% above the top of the RLM density range (up to 5 du/acre) where the zone of the property (R-l) is consistent with the land use designation (which it is in this case) and specific findings can be made. This 17 policy was incorporated into the General Plan to acknowledge that based upon the R-l Zone's minimum lot size (7,500 SF), up to 5.8 dwelling units could technically 18 be achieved on a 1 acre RLM designated lot (43,560 SF/7,500 SF = 5.8 DUs). All of the required findings can be made to approve this 25% density increase as shown in 19 Table A of the staff report. 20 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 residential development at the density proposed, in that all required development standards of the R-l zone are complied 22 with and the three lots fronting James Drive will be the same size (7,500 sq ft) and density as the other lots fronting and along this block of James Drive. The two lots fronting Highland Drive will be the same size (10,000 sq ft or larger) as the other 24 adjacent lots fronting along this block of Highland Drive. 25 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 26 public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements and the project is required to dedicate public road and 2g utility easements associated with the tentative map. PCRESONO. 6541 -2- 5. That the property is not subject to a contract entered into pursuant to the Land 2 Conservation Act of 1965 (Williamson Act). 3 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 lots are oriented in an 4 east-west alignment for a western exposure which will allow for passive heating or cooling opportunities to the extent possible. 7. 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 7 against the public service needs of the City and available fiscal and environmental resources. 8 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their , ^ habitat, in that site is an in-fill project with no sensitive plant or animals present. 9. 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 12 been designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 14 17 System (NPDES) Requirements. 10. 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 16 the staff report dated March 18, 2009, including, but not limited to the following: a. Land Use - The subject property is designated RLM (0-4 du/acre with a 3.2 „ du/acre Growth Management Control Point density). It has a net area of 1 acre and at the RLM Growth Management Control Point, 3.2 dwelling units are 19 allowed. The proposed project (5 lots on 1 net acre) has a density (5 du/acre) that is above the top of the RLM Growth Management Control Point and density 20 range. However, the General Plan Land Use Element includes a commonly used policy that allows a density increase of 25% above the top of the RLM density range (up to 5 du/acre) where the zone of the property (R-l) is consistent with 22 the land use designation (which it is in this case) and specific findings can be made. This policy was incorporated into the General Plan to acknowledge that 23 based upon the R-l Zone's minimum lot size (7,500 SF), up to 5.8 dwelling units could technically be achieved on a 1 acre RLM designated lot (43,560 SF/7,500 24 SF = 5.8 DUs). All of the required findings can be made to approve this 25% density increase as shown in Table A in the staff report. b. Circulation - The circulation system is designed to provide adequate access to each of the proposed lots and complies with all applicable City design standards. 27 c. Housing - The project has been conditioned to pay an affordable housing in-lieu 28 fee per lot in order to provide their proportionate share of affordable housing. PC RESO NO. 6541 -3- d. Noise - A noise study was prepared and the project site as is currently meets the 2 exterior 60 dB(A) CNEL noise standard and any future development on the proposed individual lots will be designed to meet the interior noise standard of 3 45 dB(A) CNEL. 4 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local c- Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 6 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 7 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 9 a. The project has been conditioned to provide proof from the Carlsbad Unified School 10 District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be 12 collected prior to issuance of building permit. 13 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. 14 12. The project has been conditioned to pay any increase in public facility fee, or new ^ construction tax, or development fees, and has agreed to abide by any additional ,,- requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 17 public facilities and will mitigate any cumulative impacts created by the project. 18 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1.19 14. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 2\ environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development 22 Projects, in that, the project is consistent with the General Plan & Zoning Ordinance; the project is within the City limits; is less than five (5) acres in size; and is surrounded by urban uses. 24 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 25 Code Section 14.28.020 and Landscape Manual Section I B). 26 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 27 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.2o PCRESONO. 6541 -4- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 3 recordation or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be <- implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 16 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 17 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 »- or indirectly, from (a) City's approval and issuance of this Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 23 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 24 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 26 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 27 the Tentative Map reflecting the conditions approved by the final decision-making body. 28 PCRESONO. 6541 -5- 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 3 8. This project shall comply with all conditions and mitigation measures which are required ^ as part of the Zone 1 Local Facilities Management Plan and any amendments made to that c Plan prior to the issuance of final map recordation or issuance of a grading permit, whichever occurs first. 6 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 7 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities.o 9 10. This approval is granted subject to the approval of ZC 08-01, CDP 08-17, and HDP 08- 03 and is subject to all conditions contained in Planning Commission Resolutions No. 10 6540, 6542, and 6543 for those other approvals incorporated herein by reference. 11. This approval shall become null and void if the final map is not recorded for this project 12 within 24 months from the date of project approval. 13 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by , c Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 16 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 17 13. Prior to the issuance of the final map or grading permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction executed by the owner of the 19 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 20 parties and successors in interest that the City of Carlsbad has issued a Tract Map by Resolution(s) No. 6541 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of 22 approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment 23 to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 24 14. Prior to the approval of a final map the Developer shall pay to the City an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit basis in the 26 amount in effect at the time, as established by City Council Resolution from time to time. 27 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as PC RESO NO. 6541 -6- shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 2 condition, free from weeds, trash, and debris. 3 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 4 project's building, improvement, and grading plans. 17. This project has been found to result in impacts to non-native grassland, and disturbed 6 lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that 7 the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further 9 aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and 10 Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, , ~ this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 13 18. Prior to approval of the final map for proposed lots 4 and 5 the existing residence 14 (3980 Highland Drive) shall be demolished to the satisfaction of the Planning Director and City Engineer. jg Engineering; 17 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building permit or grading permit whichever occurs first. 19 General 20 19. Prior to hauling dirt or construction materials to or from any proposed construction site 21 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 23 20. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 24 determined that adequate water and sewer facilities are available at the time of permit issuance. 25 ye 21. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan and Preliminary Grading Plan reflecting the conditions approved by the final 27 decision making body. The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and project planner 28 prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. PC RESO NO. 6541 -7- 22. This approval is subject to the approval and conditions of CDP 08-17, HDP 08-03 and 2 ZC 08-01. 3 23. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private c utilities, street trees, water quality treatment measures, low impact development features and storm drain facilities located therein and to distribute the costs of such maintenance 6 in an equitable manner among the owners of the properties within this subdivision. 24. This project is approved for up to two Final Maps for the purpose of recordation in the order of phasing shown on the tentative map. Fees/Agreements 10 25. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 11 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 13 27. Developer shall cause property owner to process, execute and submit an executed copy to 14 the City Engineer for recordation a City standard Permanent Storm water Quality Best 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, or the recordation of a final map, whichever occurs first for this Project. 17 28. Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: 20 A. Clearly delineate the limits of the drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying 21 property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in 23 damage to the underlying and adjacent properties or the creation of a public nuisance. 24 29. Developer shall cause property owner to enter into a Neighborhood Improvement 25 Agreement with the City on a City Standard form for the future public improvement of Highland Drive along the subdivision frontage for a half street width of 30-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and 27 gutters, grading, clearing and grubbing, undergrounding of utilities, and street lights. 28 30. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area PCRESONO. 6541 -8- shown within the boundaries of the subdivision into the existing City of Carlsbad Street 2 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 3 form provided by the City Engineer. 31. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Street Tree Maintenance Agreement. 6 Grading 7 32. 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 prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all 9 applicable grading plan review fees per the City's latest fee schedule. 10 33. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 12 34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 13 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on 14 a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 16 35. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 17 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 1 ° silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 20 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 21 36. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 23 Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the 24 completed PTAF all to the satisfaction of the City Engineer. 37. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural 27 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 28 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: PCRESONO. 6541 -9- vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 2 volume, peak flow rate, velocity and pollutants. 3 Dedications/Improvements 4 38. Concurrent with processing the Final Map, the City shall accept Lot A (for public - use) and abandon access rights previously as previously dedicated and relinquished on Subdivision Map 5054. 6 39. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of 7 easement for private drainage purposes as shown on the tentative map. Developer shall pay processing fees per the City's latest fee schedule. o 9 40. Highland Drive shall be dedicated by Owner along the project frontage based on a street center line to right-of-way width of 30 feet and in conformance with the City of Carlsbad 10 Standards. 41. Developer shall cause Owner to dedicate to the City the public drainage easement as , 2 shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to 13 the City. Additional easements may be required at final design to the satisfaction of the City Engineer. 14 42. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain 15 and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 17 43. Developer shall design all proposed public improvements including but not limited to sewer laterals, streetlights, driveways, sidewalk, water services/meters, and curb drains as in shown on the tentative map. These improvements shall be shown on one of the following, subject to City Engineer approval: 20 A. Grading plans processed in conjunction with this project; or 21 B. Construction Revision to an existing record public improvement drawing. 22 44. Developer shall pay plan check and inspection fees using improvement valuations in 23 accordance with the City's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the City right-of-way. 24 45. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along the subdivision boundary adjacent to James Drive. 26 Non-Mapping Notes 27 46. Add the following notes to the final map as non-mapping data: 28 A. Developer has executed a City standard Subdivision Improvement Agreement and has PCRESONO. 6541 -10- posted security in accordance with C.M.C. Section 20.16.070 to install public 2 improvements shown on the tentative map. These improvements include, but are not limited to sewer laterals, streetlights, driveways, sidewalk, water services/meters, and 3 curb drains. ^ 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. 6 C. Geotechnical Caution: 1 1) 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 geological failure, ground water seepage or land 9 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 10 D. 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 or drainage, or the concentration of surface waters or drainage from the 13 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 14 improvements identified in the City approved development plans. 15 Utilities 16 47. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 17 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. 19 48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 20 for connection to public facilities. 21 49. The Developer shall design and construct public water and sewer water facilities substantially as shown on the tentative map to the satisfaction of the District Engineer and City Engineer. 23 50. The Developer shall provide separate potable water meters for each separately owned lot 24 within this subdivision. 25 Code Reminders; 26 The project is subject to all applicable provisions of local ordinances, including but not limited to 27 the following: 28 51. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily PCRESONO. 6541 -11- Trips (ADT) and floor area contained in the staff report and shown on the tentative map 2 are for planning purposes only. 3 52. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 4 - 53. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 6 54. Approval of this request shall not excuse compliance with all applicable sections of the 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. o 9 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." 12 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 15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 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, i o 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 19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 20 21 22 23 24 25 26 27 28 PCRESONO. 6541 -12- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on March 18, 2009, by the following vote, 3 to wit:4 c- AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery 6 NOES: 7 _ ABSENT: o 9 ABSTAIN: 10 11 , 2 MARTELL B. MONTGOMERY, C^rperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: 15 16 17 DONNEU Planning Director18 19 20 21 I 22 23 24 25 26 27 28 PCRESONO. 6541 -13-