HomeMy WebLinkAbout2014-05-07; Planning Commission; Resolution 7048PLANNING COMMISSION RESOLUTION NO. 7048
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP AND A MAJOR REVIEW PERMIT TO 1) ALLOW FOR THE
4 DEMOLITION OF ALL OF THE STRUCTURES LOCATED AT 2531 TO 2601
STATE STREET (APNS 155-200-07, 203-054-19, -20, -21, -22); 2) TO
5 ALLOW FOR THE CONSTRUCTION OF 47 TWO AND THREE-STORY AIR
SPACE TOWNHOMES, INCLUDING 41 LIVE/WORK UNITS AND SIX (6)
INCLUSIONARY UNITS; AND 3) TO ALLOW FOR A DEVELOPMENT
STANDARDS MODIFICATION PURSUANT TO THE VILLAGE MASTER PLAN
FOR REDUCED DIMENSIONS FOR THE SINGLE-CAR GARAGES (11' X 19'
g INSTEAD OF 12' X 20') ON A 1.89-ACRE SITE WHICH COMPRISES FIVE
PROPERTIES ADDRESSED AS 2531 TO 2601 STATE STREET IN DISTRICT 4
9 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
10 CASE NAME: STATE STREET TOWNHOMES
CASE NO.: CT 13-05/RP 13-15
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WHEREAS, Intracorp Companies, "Applicant/Developer" and CBSS, LLC, a Washington
limited liability company, as to Parcels A, B, & C; and Howard C. Kornberg and Iris K. Kornberg,
Trustees of The Kornberg Family Trust, as to Parcel D, "Owners," has filed a verified application with
the City of Carisbad regarding properties described as:
PARCEL A: APN 203-054-22
17 LOTS 16 AND 17 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
18 THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JULY 28,1921.
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LOT 15 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF
21 SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921.
PARCEL B: APN 203-054-21
PARCEL C: APN 155-200-07
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THAT PORTION OF LOT 18 IN SEASIDE LANDS, IN THE CITY OF
25 CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE
26 COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921.
27 PARCEL D: APN 203-054-19 & 20
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LOTS 12, 13 AND 14, SEASIDE LANDS, IN THE CITY OF CARLSBAD,
2 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER
3 OF SAN DIEGO COUNTY, JULY 28,1921.
4 ("the Property"); and
5 WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
a Major Review Permit as shown on Exhibits "A-PP", dated May 7, 2014, on file in the Planning
Division, STATE STREET TOWNHOMES - a 13-05/RP 13-15, as provided by Title 20 and Chapter 21.35
ofthe Carisbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 7, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Tentative Tract Map and Major Review Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carisbad as follows:
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17 A) That the foregoing recitations are true and correct
18 B) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of STATE STREET TOWNHOMES - CT 13-05/RP 13-15
19 based on the following findings and subject to the following conditions:
20 Findings:
21 Tentative Tract Map, CT 13-05
22 1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements ofthe General Plan, any applicable
specific plans. Titles 20 and 21 of the Carisbad Municipal Code and the State Subdivision Map
Act, and will not cause serious public health problems, in that the proposed one lot tentative
tract map for 47 airspace condominiums subdivision satisfies all minimum requirements of
Titles 20 and 21 with respect to public facilities, access and parking. A Standards Modification
is required to reduce the size of the proposed single-car garages. The findings for approval to
25 support this modification can be made.
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27 2. That the proposed project is compatible with the surrounding future land uses since the
surrounding properties are developed, are currently designated as Village (V) in the General
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Plan and are located in Land Use District 4, Residential Support Area, of the Village Master
2 Plan. The subject property, comprising a total of five (5) legal parcels, is bordered by office
uses to the north, an auto repair shop to the south, a mixture of residential, office and light
3 industrial uses to east, and the North County Transit District storage yard, public alley and a
public parking lot to the west. Pursuant to the Land Use District 4 of the Village Master Plan,
4 the intent is to provide for a mix of higher quality commercial and residential uses which will
provide positive support for District 1, Village Center, and reinforce the Village Area north of
5 Beech Street as a quality residential neighborhood.
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 the Village (V) General Plan Land Use designation allows residential development at a
g density range of 28 to 35 dwelling units per acre. Based on a lot size (net/gross) of 1.89 acres,
the proposed 47-unit condominium project has a density of 24.86 dwelling units per acre.
9 Pursuant to the Village Master Plan, a project which proposes a density which is below the
minimum density can be supported if two findings can be made. As discussed below, the
10 findings for approval can be supported.
11 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
12 access through or use of property within the proposed subdivision, in that the developer has
delineated and preserved on the parcel map, all existing easements of record.
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That the property is not subject to a contract entered into pursuant to the Land Conservation
14 Act of 1965 (Williamson Act).
15 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 proposed residential units have
an east-west orientation thereby allowing for passive or natural solar heating and cooling
opportunities.
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 against the
public service needs of the City and available fiscal and environmental resources in that the
project is required to provide a total of seven (7) inclusionary units. Specifically, the applicant
2Q proposes to designate six (6) of the 47 residential units as inclusionary units and to purchase
one (1) housing credit. The six (6) onsite units are required to be sold at a price which is
21 affordable to low income households at 80% of the San Diego County Area Median Income. In
addition, the project has been conditioned to require the approval of an Affordable Housing
22 Agreement prior to recordation of the final map.
23 8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat,
24 in that the project site has been previously developed and, therefore, does not impact any
fish, wildlife or habitat.
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That the discharge of waste from the subdivision will not result in violation of existing California
26 Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
27 with the City's sewer and drainage standards and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
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10. That the street systems serving the proposed use is adequate to properly handle all traffic
2 generated by the proposed use, in that primary access to the site will be provided by two
private driveways off of State Street and one private driveway off of the public alley to the
3 west. The five existing properties are developed with a mixture of light industrial and office
uses and currently generate a total of 557 Average Daily Trips (ADTs). The proposed project
4 includes the demolition of all structures located on-site and the development of 47 air space
condominiums, which generate 282 ADTs. Therefore, a net decrease of 275 ADTs is proposed.
5 In addition, the proposed project would not result in any significant capacity-related impacts
to any road segments or intersections.
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Major Review Permit, RP 13-15
11. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, Village Review Zone, and the Village Master Plan and
g Design Manual, based on the facts set forth in the staff report dated May 7, 2014, including,
but not limited to the following:
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a. Land Use. The proposed project, which includes the demolition of existing
11 commercial and office buildings located at 2531 to 2601 State Street and the
construction of 47 new townhomes, will enhance the vitality of the Village,
12 specifically Land Use District 4 (Residential Support Area), by providing new
residential land uses in close proximity to the downtown core area as well as the train
13 station. The project reinforces the pedestrian-orientation desired for the downtown
area by providing the residents an opportunity to walk to shopping, recreation, and
14 mass transit functions. The project's proximity to existing bus routes and mass transit
will help to further the goal of providing new economic development near
transportation corridors. Further, the proposed project contributes towards the
overall goal of creating a quality residential neighborhood north of Beech Street in
that older commercial land uses are proposed to be removed and replaced with 47
high-quality townhomes which exhibit a Contemporary Seaside architectural design.
Overall, the residential project will contribute towards the revitalization of the Village
area.
19 b. Circulation. State Street as well as the public alley can accommodate the estimated
average daily trips (ADTs) as the proposed project generates 275 less ADTs than the
20 niix of existing land uses. In addition, all required public right-of-way has been, or will
be dedicated and improved to serve the development. The circulation has been
21 designed in relationship to the proposed residential land use and available parking.
Public facilities will be constructed to serve the proposed project. Further, the project
22 has been conditioned to develop and implement a program of "best management
practices" for the elimination and reduction of pollutants which enter into and/or are
23 transported within storm drainage facilities.
24 c. Housing. The proposed project is consistent with the Housing Element of the General
Plan and the City's Inclusionary Housing Ordinance, in that the proposed project
25 includes the construction of six (6) inclusionary units on-site which will be required to
be sold at a low income level (80% of the San Diego County Area Median Income). In
addition, the applicant proposes to purchase one housing credit to fully satisfy the
inclusionary requirement to provide a total of seven (7) income-restricted units. On
March 17, 2014, the City's Housing Policy Team recommended approval of the above-
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noted proposal. The provision for inclusionary housing will contribute towards
2 achieving the city's Regional Housing Needs. The project has been accordingly-
conditioned to require the approval of an Affordable Housing Agreement prior to
3 recordation of the final map.
4 d. Noise. - The project site is primarily impacted by noise from the train which is located
approximately % mile the west of the project site. The proposed project is consistent
5 with the Noise Element of the General Plan in that noise walls to attenuate the
exterior noise levels to less than 60 dbA have been incorporated into the project
^ design and the minimum required STC rating to comply with the interior noise
^ threshold of 45 dbA is noted on the project plans.
e. Land Use District 4 Standards. With the exception to the parking dimensions for the
^ single-car garages (11' wide x 19' deep instead of 12' wide x 20' deep) and the
^ combined height of the sound/retaining walls (7.5' proposed instead of 6'), the
proposed project has been designed to comply with all other requirements pursuant
to Land Use District 4 of the Village Master Plan, including setbacks, open space,
building height, lot coverage, and parking. Findings for these deviations can be
11 supported and are included below. In addition, the provisional use findings for the
live/work units can be supported.
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12. Although the project's density (24.86 du/ac) is below the minimum density as established
13 pursuant to the Village Master Plan (28 du/ac), it is consistent with the General Plan and Village
Master Plan in that the following findings can be made:
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a. That the reduction is consistent with the adopted General Plan, including the Housing
15 Element in that the project site is constrained by an existing 20-foot-wide public storm
drain easement which bisects the site and significantly impacts the project design
1^ and, therefore, the ability to construct additional units. In addition, the parking
requirements limit the number of units which can be constructed (i.e., two spaces per
1^ unit, one of which must be covered). Further, the proposed project includes the
construction of six (6) inclusionary units on-site which will be required to be sold at a
low income level (80% of the San Diego County Area Median Income). The applicant
also proposes to purchase one housing credit to fully satisfy the inclusionary
requirement to provide a total of seven (7) income-restricted units. On March 17,
20 2014, the City's Housing Policy Team recommended approval of the above-noted
proposal, including the reduced density. The provision for inclusionary housing will
21 contribute towards achieving the city's Regional Housing Needs. The project has been
accordingly-conditioned to require the approval of an Affordable Housing Agreement
22 prior to recordation of the final map. In addition, the project is consistent with the
remaining elements ofthe General Plan, including land use, noise and circulation.
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b. That the remaining sites identified in the Housing Element are adequate to
24 accommodate the city's share of the regional housing needs pursuant to Government
Code Section 65584 in that the proposed project has provided the requisite 15%
25 inclusionary housing (7 low income inclusionary units). In addition, pursuant to the
Housing Element (2013-2021), there are numerous underutilized properties in the
Village Master Plan area as it relates to the provision for lower and moderate income
housing. Therefore, the remaining sites are adequate to accommodate the city's
share of the regional housing needs pursuant to Government Code Section 65584.
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Combination Retaining/Noise Wall
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Pursuant to the Village Master Plan, to exceed the wall height of six (6) feet, the following findings shall
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4 13. That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or
to provide for noise attenuation in that the combined noise attenuation and retaining wall are
5 proposed at a maximum height of 7.5 feet where 6 feet is maximum height pursuant to Land
Use District 4 of the Village Master Plan. The proposed 7.5-foot-tall wall is required to
attenuate noise generated by the railway to the west and to allow for the site to properly
drain to the west. The height has been minimized to the maximum extent feasible and the
project will be conditioned to require a decorative finish which complements the design of
g the residential units, including pilasters and a decorative cap.
g 14. That the additional height is requested by the adjacent neighbor and/or determined by the
decision-making body to be in the best interest of the adjacent neighbor in that the proposed
10 wall will provide additional privacy between the properties and is, therefore, in the best
interest of the adjacent neighbor.
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15. That the wall is attractively designed and/or decorated in that the project is conditioned to
12 require a decorative finish which complements the design of the residential units, including
pilasters and a decorative cap.
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Parking Dimensions Modification, Single-Car Garage
16. Pursuant to the Village Master Plan, modifications to the development standards, including
parking, may be permitted in all land use districts of the Village Area for developments where
the applicant can provide acceptable evidence that a requested modification is necessary to
provide affordable housing to low and or moderate income households. As the proposed
17 reduction in the dimensions of the proposed single-car garages from 12' wide x 20' deep to
11' wide X 19' deep are directly associated with the proposed low-income inclusionary units,
13 the finding can be supported.
ig Live/Work Units, Provisional Use Findings
2Q 17. The Live/Work Studio Use is compatible with adjacent development in that a mix of land uses
are located in close proximity to the proposed project, including residential, office, and light
21 industrial uses. As "work" area will predominantly be used as a home office, no land use
compatibility issues are anticipated.
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18. Adequate parking is available for tenants and anticipated visitors in that the "work" area of
23 each unit is anticipated to be used as a home office; therefore, very little public traffic is
anticipated. The project is adequately parked pursuant to the residential parking
24 requirements. On-street parking is available on State Street and a large public parking lot is
located immediately west of the project site.
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19. Dwelling units will enjoy a residential environment of comparable quality to other standard
26 units in the Village in that the "work" area is located on the first of three floors and is,
therefore, sufficiently separated from the primary residential living area. In addition, as the
27 "work" area is intended to be utilized as a home office, issues related to noise or other
environmental factors are not anticipated.
PC RESO NO. 7048 -6-
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City Council Policy No. 43, Allocation for Excess Dwelling Units
20. That the City's Housing Policy Team recommended approval of the request for an allocation of
3 47 units from the EDUB on March 17, 2014.
4 21. That pursuant to CMC Chapter 21.85, a minimum of 15% of all proposed ownership units in
any residential project are required to be restricted to lower income households. The
5 proposal to construct 47 airspace townhomes requires a total of 7 inclusionary units. The
applicant proposes to construct six (6) inclusionary units onsite and has requested to
purchase one housing credit for the remaining unit. In addition, an Affordable Housing
Agreement will be recorded prior to recordation of the final map.
g 22. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project is consistent with the
g adjacent residential land uses and anticipated uses in that Land Use District 4 of the Village
Master Plan is intended to provide for a gradual transition to a mix of higher quality
10 commercial and residential uses which will provide positive support for the core of the Village
and to reinforce the Village area north of Beech Street as a quality residential neighborhood.
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23. That the project location and density are in accordance with the applicable provisions of the
12 General Plan and any other applicable planning document, in that the minimum density for
properties outside of the coastal zone in the Village Master Plan is 28 dwelling units per acre.
13 With a net acreage of 1.89 acres, the proposed project has a density of 24.86 dwelling units
per acre and, therefore, falls below the minimum density of 28 du/ac. The findings to go
below the minimum density can be supported since the project site is constrained by an
existing 20-foot-wide public storm drain easement which bisects the site and significantly
impacts the project design and, therefore, the ability to construct additional units. In
addition, the parking requirements limit the number of units which can be constructed (i.e.,
two spaces per unit, one of which must be covered). The proposed project is consistent with
17 the intent of Land Use District 4 of the Village Master Plan and will contribute towards the
overall revitalization of the Village Area.
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24. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest
19 quadrant to remove 47 units. Per the city's Quadrant Dwelling Unit Report (dated February
28, 2014), 3,136 units remain available for allocation in the northwest quadrant.
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25. The City Planner has determined that the project belongs to a class of projects that the State
22 Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
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General
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26. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
27 Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
PC RESO NO. 7048 -7-
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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.
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facilities and improvements regarding: sewer collection and treatment; water; drainage;
2 circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
3 development prior to or concurrent with need. Specifically,
4 a. The project has been conditioned to provide proof from the Carisbad Unified School District
that the project has satisfied its obligation for school facilities.
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^ " c. The Local Facilities Management fee for Zone 1 is required by Carisbad Municipal Code
g Section 21.90.050 and will be collected prior to issuance of building permit.
9 27. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carisbad Municipal Code Chapter 18.50).
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28. The Planning Commission has reviewed each of the exactions imposed on the Developer
11 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
12 of the exaction is in rough proportionality to the impact caused by the project.
13 Conditions:
14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation ofthe
Final Map.
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If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
1^ and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this Tentative
20 Tract Map and Major Review Permit.
21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Major Review Permit documents, as necessary
22 to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
23 development, different from this approval, shall require an amendment to this approval.
24 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.
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If any condition for construction of any public improvements or facilities, or the payment of any
26 fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
27 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.
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Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carisbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
3 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 and Major Review Permit
4 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
5 (c) Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the City's approval is not
validated.
6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the
g Tentative Map and Site Plan reflecting the conditions approved by the final decision-making
body.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including
any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District (that this project has satisfied its obligation to
provide school facilities.
9. 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 Plan prior to
the issuance of building permits.
10. This approval shall become null and void if building permits are not issued for this project within
yj 24 months from the date of project approval.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
19 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
20 continue to be available until the time of occupancy. A note to this effect shall be placed on
the Final Map.
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12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
22 License Tax on new construction imposed by Carisbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carisbad Municipal Code
23 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 taxes/fees shall be paid at issuance of building
24 permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
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13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
26 showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
27 Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
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14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
2 plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
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15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
4 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 Director of the
Community and Economic Department.
16. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
g notifying all interested parties and successors in interest that the City of Carisbad has issued a
Tentative Tract Map and Major Review Permit by Resolution No. 7048 on the property. Said
g Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
10 specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
11 showing of good cause by the Developer or successor in interest.
12 17. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
13 prior to final map approval. Prior to issuance of a building permit, the Developer shall provide
the Planning Division with a recorded copy ofthe official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
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a. General Enforcement bv the City. The City shall have the right, but not the obligation,
to enforce those Protective Covenants set forth in this Declaration in favor of, or in
17 which the City has an interest.
13 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
19 disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
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c. Failure of Association to Maintain Common Area Lots and Easements. In the event that
21 the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article , Section the City shall
22 have the right, but not the duty, to perform the necessary maintenance. If the City
elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
25 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
25 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
27 Owners as provided herein.
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Special Assessments Levied bv the Citv. In the event the City has performed the
2 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
3 City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the Project,
4 together with a statement that if the Association fails to pay such invoice in full within
the time specified, the City will pursue collection against the Owners in the Project
5 pursuant to the provisions of this Section. Said invoice shall be due and payable by the
Association within twenty (20) days of receipt by the Association. If the Association
shall fail to pay such invoice in full within the period specified, payment shall be
deemed delinquent and shall be subject to a late charge in an amount equal to six
percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
g 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
g available to the City, the City may levy a special assessment against the Owners of each
Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such
10 special assessment shall constitute a charge on the land and shall be a continuing lien
upon each Lot against which the special assessment is levied. Each Owner in the Project
11 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
12 lien foreclosure procedures against any Owner and his/her respective Lot for purposes
of collecting such special assessment in accordance with the procedures set forth in
13 Article of this Declaration.
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e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
f. Commercial signage and storefront displays are prohibited for the live/work units.
17 18. 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
13 rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement.
19 19. Prior to recordation of the final map, the Developer shall prepare and record a Notice that this
property may be subject to noise impacts from the proposed or existing Transportation
20 Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise
Form #1 on file in the Planning Division).
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20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
an Outdoor Storage Plan, and thereafter comply with the approved plan.
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22. Developer shall construct, install, and stripe not less than 9 parking spaces, including one van
26 accessible parking space, as shown on Exhibits "A - PP."
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21. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction ofthe City Planner.
1 „
23. Prior to the recordation of the final map for any phase of this project, or where a map is not
2 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 provide and deed restrict six
3 (6) inclusionary dwelling units on proposed Parcel 1 of CT 13-05 and purchase one (1) housing
credit. Specifically, six (6) condominiums shall be sold at a price affordable to low income
4 households at 80% of the San Diego County Area Median Income for 55 years, in accordance
with the requirements and process set forth in Chapter 21.85 ofthe Carisbad Municipal Code.
The draft Affordable Housing Agreement shall be submitted to the City Planner 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.
24. Developer shall construct the required six (6) inclusionary units and purchase the one (1)
g inclusionary housing credit concurrent with the project's remaining 41 market-rate units, unless
both the final decision-making authority of the City and the Developer agree within an
g Affordable Housing Agreement to an alternate schedule for development.
10 25. Prior to occupancy of the first dwelling unit and to the satisfaction of the City Planner, the
Developer shall provide all required passive and active recreational areas per the approved
11 plans, including landscaping and recreational facilities identified on Exhibits "A - PP".
12 26. Smooth trowel stucco shall be utilized for the stucco finish to the satisfaction of the City
Planner.
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27. The combination sound/retaining wall located along the north, south and west property lines
14 shall incorporate a decorative finish, including a cap, for the entire extent, which
complements the design of the residential units. In addition, the wall located along the
15 western property line shall incorporate pilasters every 20 feet. The details for the wall shall
be included in the landscaping, grading, and building plans to the satisfaction of the City
16 Planner.
17 28. The defined ground floor "work" area for the live/work units shall not be converted to a
separate residential dwelling unit.
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29. Commercial signage and the display of any products are prohibited in the live/work units.
19 This information shall be included in the CCSiR's, to the satisfaction of the City Planner.
20 30. Prior to the issuance of the building permit, the site plan shall be revised to include a security
gate at the western pedestrian access point at the public alley. The gate shall provide for
secured ingress/egress for the residents and shall be designed to the satisfaction of the City
Planner and the Fire Department.
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Engineering:
General
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
24 this proposed development, must be met prior to approval of a parcel map, grading permit or building
permit, whichever comes first.
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31. Prior to hauling dirt or construction materials to or from any proposed construction site within
27 this project, developer shall apply for and obtain approval from, the city engineer for the
proposed haul route.
PC RESO NO. 7048 -12-
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32. This project is approved upon the express condition that building permits will not be issued for
2 the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will
3 continue to be available until time of occupancy.
4 33. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making
5 body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable,
signed bythe city's project engineer and project planner prior to submittal ofthe building plans,
6 improvement plans, grading plans, or final map, whichever occurs first.
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34. 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 access aisles, utilities,
g sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact
development features and storm drain facilities located therein and to distribute the costs of
10 such maintenance in an equitable manner among the owners of the properties within this
subdivision.
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35. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
12 this project. There shall be one Final Map recorded for this project.
13 36. The following note shall be shown on the title sheet of the final map immediately following
the dedication statement and before the owner's signature(s):
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This subdivision is a condominium project as defined in section 1351 of the civil code of
15 the state of California, containing a maximum of 47 dwelling units within Lot 1 and is filed
pursuant to the Subdivision Map Act.
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38. Developer shall cause property owner to execute and submit to the city engineer for
20 recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
21 39. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
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40. Developer shall cause property owner to process, execute and submit an executed copy to the
23 city engineer for recordation a city standard Permanent Stormwater Quality Best Management
Practice Maintenance Agreement for the perpetual maintenance of all treatment control,
24 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
25 finalmap, whichever occurs first for this project.
26 41. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private enhanced paving, landscaping or
^7 hardscape improvements located over proposed public utility and access easements shown on
the tentative map. Developer shall pay processing fees per the city's latest fee schedule.
PC RESO NO. 7048 -13-
37. Developer shall install sight distance corridors at all access aisle intersections with State St. in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
1.,
42. Prior to approval of any grading or building permits for this project, developer shall cause
2 owner to give written consent to the city engineer for the annexation of the area shown within
the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and
3 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
4 engineer.
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Grading
43. 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 applicable grading plan
g review fees per the city's latest fee schedule.
g 44. 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
10 per City Code requirements.
11 45. Developer shall obtain City Planner approval of a Final Landscape and Irrigation Plan.
12 46. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
13 not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
14 maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to
the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe
above requirements.
^7 47. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of
a Notice of Intent from the State Water Resources Control Board.
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48. Prior to the issuance of demolition permit, grading permit or building permit, whichever occurs
19 first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions
20 established by the San Diego Regional Water Quality Control Board and City of Carisbad
Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm
21 water pollutant runoff during construction of the project to the maximum extent practicable.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest
22 fee schedule.
49. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
25 development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
27 shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule.
28 PC RESO NO. 7048 -14-
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50. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
2 landscape plans, building plans, etc.) incorporate all source control, site design, treatment
control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
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51. Developer shall submit documentation, subject to city engineer approval, demonstrating how
4 this project complies with Interim Hydromodification requirements per the city's SUSMP, latest
version. Documentation shall be included within the Storm Water Management Plan (SWMP).
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Dedications/Improvements
52. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public
street and public utility and access purposes as shown on the tentative map. The offer shall be
g 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 the city. Streets that are already public are not required to
g be rededicated. Additional easements may be required at final design to the satisfaction of the
city engineer.
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53. Developer shall design the private drainage systems, as shown on the tentative map to the
11 satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
12 and inspection fees for such private drainage systems.
13 54. Developer shall design the private sewer system, as shown on the tentative map to the
satisfaction of the city engineer. Developer shall pay the standard improvement plan check
14 and inspection fees for such private sewer system.
55. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
17 improvements shown on the tentative map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
18 limited to:
19 A. Driveway approaches.
B. Public sidewalks.
20 C. Public water lines, fire hydrants and appurtenances.
21 Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
22 development improvement agreement or such other time as provided in said agreement.
56. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative map. Sewer services shall be provided to the satisfaction of the city
engineer.
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57. Developer shall cause owner to waive direct access rights on the final map for Lot 1 abutting
25 the State Street alley.
27 58. Developer shall design, and obtain approval from the city engineer, the structural section for
the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
28 PC RESO NO. 7048 -15-
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Non-Mapping Notes
59. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1 ,.
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
2 grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval ofthe city engineer.
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1. Driveway approaches,
g 2. Public sidewalks,
3. Public water lines, fire hydrants and appurtenances.
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Building permits will not be issued for development of the subject property unless the
11 appropriate agency determines that sewer and water facilities are available.
12 C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
13 Carisbad Engineering Standards or line-of-sight per Caltrans standards.
1"* 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
drainage system or other improvements identified in the city approved development
17 plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
18 "
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60. Developer shall meet with the fire marshal to determine fire protection measures (fire flows,
20 fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
21 to the satisfaction of the district engineer.
22 61. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carisbad. At the
23 discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or Joint utility purposes. An encroachment permit will be required
for all hardscape landscape improvements within public utility and access easements.
Utilities
62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
27 63. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
28 PC RESO NO. 7048 -16-
66. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
Code Reminders:
1 „
64. The developer shall install private sewer system including sewer main, manholes, cleanouts
2 and laterals at locations approved by the city engineer. The locations of all private sewer
facilities shall be shown for reference on public improvement plans. An encroachment permit
3 will be required for all private sewer facilities within public utility and access easements.
4 65. The developer shall design and construct public water facilities substantially as shown on the
tentative map to the satisfaction ofthe district engineer and city engineer.
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67. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
g required by Chapter 20.44 of the Carisbad Municipal Code.
10 68. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
11
69. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management
12 fee for Zone 1 as required by Carisbad Municipal Code Section 21.90.050.
13 70. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
ofthe Carlsbad Municipal Code.
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72. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
17 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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73. Premise identification (addresses) shall be provided consistent with Carisbad Municipal Code
19 Section 18.04.320.
20 74. Any signs proposed for this development shall at a minimum be designed in conformance with
the Village Master Plan and Design Manual and shall require review and approval of the City
21 Planner prior to installation of such signs.
22 75. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carisbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
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PC RESO NO. 7048 -17-
71. This tentative map shall expire two years from the date on which the Planning Commission
voted to approve this application.
1
NOTICE TO APPLICANT
2
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carisbad Village
^ Drive, Carisbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carisbad Municipal Code Chapter 21.54, section 21.54.150, the
^ appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
^ determination on the appeal prior to any judicial review.
5 NOTICE
7 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 final 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 Carisbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
10
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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
13 similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
14 statute of limitations has previously otherwise expired.
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28 PC RESO NO. 7048 -18-
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission of
the City of Carlsbad, California, held on May 7, 2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners L'Heureux, Segall, and Siekmann
NOES: Commissioners Anderson and Scully
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7048 -19-