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HomeMy WebLinkAbout2014-08-06; Planning Commission; Resolution 7067 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE- FAMILY HOME, SHED AND DETACHED GARAGE TO ALLOW FOR THE DEVELOPMENT OF A FOUR-UNIT MULTIPLE-FAMILY RESIDENTIAL APARTMENT PROJECT ON A 0.2 ACRE SITE LOCATED AT 385 JUNIPER AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301 FOR THE DEMOLITION OF A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES AND SECTION 15303 FOR THE CONSTRUCTION OF NO MORE THAN FOUR DWELLING UNITS IN AN URBANIZED AREA. CASE NAME: CP JUNIPER APARTMENTS CASE NO.: SDP 14-03/CDP 14-04 WHEREAS, CP Juniper LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as The northeasterly half of the northwesterly half of Lot 4 in Block “R” of Palisades No. 2, according to the Map thereof No. 1803, filed in the Office of the County Recorder of said San Diego County, August 25, 1924 (APN:204-240-35-00) (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan and Coastal Development Permit as shown on Exhibits “A” – “S” dated August 6, 2014, on file in the Planning Division, CP JUNIPER APARTMENTS - SDP 14-03/CDP 14-04 as provided by Chapter 21.06 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 6, 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 Site Development Plan and Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7067 PC RESO NO. 7067 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CP JUNIPER APARTMENTS - SDP 14-03/CDP 14-04 based on the following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the development of a four-unit multiple-family residential apartment project on a 0.2-acre previously developed infill site located at 385 Juniper Avenue on the south side of the street easterly of Garfield Street and adjacent to the railroad tracks. The site is predominately surrounded by existing multiple-family residential developments to the north, south and west. The proposed multiple-family residential project at a density of 20 du/ac is consistent with the Residential High Density (RH: 15–23 du/ac) General Plan Land Use designation. The project is consistent with the various elements and objectives of the General Plan as discussed in Section “A” of the project staff report. The proposed multiple- family residential use will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, multiple-family residential is a use permitted within the Multiple-Family Residential (R-3) Zone and is compatible with the other residential uses surrounding the project site, including single-family residential. The multiple-family residential apartment project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 24 Average Daily Trips (ADT) generated by the project; the project will provide full street improvements along its frontage in the form of curb, gutter, sidewalk and additional right-of- way for the development of a cul-de-sac at the end of Juniper Avenue; the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the Multiple-Family Residential (R-3) Zone and the Beach Area Overlay Zone (BAOZ); and the project provides adequate parking onsite and does not result in any environmental impacts. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the four-unit multiple-family residential apartment project complies with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone and the Beach Area Overlay Zone (BAOZ) as demonstrated in the project staff report. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report the four-unit multiple-family residential apartment project complies with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Multiple- Family Residential (R-3) Zone and the Beach Area Overlay Zone (BAOZ). Landscaping along the outer edge of the property, including the front setback area along Juniper Avenue is provided consistent with the requirements of the city’s Landscape Manual. The project is separated by the two adjacent projects to the south and west by existing walls and fences. PC RESO NO. 7067 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the four-unit multiple-family residential apartment project will take access off of Juniper Avenue, which is identified as a local street, and is designed to adequately handle the 24 Average Daily Trips (ADT) generated by the project. In addition to the above, the project will be providing full street improvements along its frontage in the form of curb, gutter, and sidewalk as well as providing additional right-of-way for development of a cul-de-sac at the end of Juniper Avenue. Coastal Development Permit 5. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated RH (15-23 du/ac) for multi-family residential development by the Mello II LCP and the project consists of the demolition of an existing single-family home, shed and detached garage and the development of a four-unit multi-family residential apartment project at 20 du/acres on a 0.2 acre previously developed site; the proposed two- and three-story dwelling units will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the previously developed site. In addition, the proposed multiple-family residential project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the four- unit multiple-family residential apartment project will not interfere with the public’s right to physical access to the ocean and furthermore, the residentially designated site is not suited for water-oriented recreation activities. 7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the four-unit multiple-family residential apartment project will adhere to the City’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no natural steep slopes ≥25% gradient will be affected by the project, and no native vegetation is located on the subject site. In addition, the project site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 8. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 9. The project is not located between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). PC RESO NO. 7067 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General 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 the staff report dated August 6, 2014 including, but not limited to the following: a) Land Use – The four-unit multiple-family residential apartment project is consistent with the elements and objectives of the General Plan as discussed in Section “A” of the project staff report. The proposed residential density of 20 dwelling units per acre (4 dwelling units) is within the Residential High (RH) density range (15–23 du/ac). Because the four unit project exceeds the maximum unit yield (3.8 dwelling units) at the Growth Management Control Point (GMCP) of the RH General Plan Land Use designation, 0.2 dwelling units will be withdrawn from the City’s excess dwelling unit bank consistent with City Council Policy No. 43. b) Circulation – The project will take access off of Juniper Avenue, which does not presently include full street improvements along its frontage. The project has been conditioned to install all infrastructure-related improvements (including but not limited to curb, gutter and sidewalk as well as providing additional right-of-way for development of a cul-de-sac at the end of Juniper Avenue) and any necessary easements for these improvements concurrent with development. c) Noise - The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan or the City of Carlsbad Noise Guidelines Manual in that a Noise Study dated February 10, 2014 was prepared by Ldn Consulting, Inc, to address any potential noise impacts occurring as a result of the project sites close proximity to the railroad tracks located adjacent to the east. To achieve the 45 dB(a) CNEL interior noise standard, the noise study includes construction design standards (window closed conditioning and window design) to be incorporated at the building construction phase. The project has been conditioned to incorporate these design standards into the building design prior to the issuance of building permits. The apartment project does not require private outdoor recreation areas and therefore no outdoor attenuation in the form of a noise wall is required. The project is located 100 feet from the actual rail lines and the VdB is estimated to be at or less than 75VdB. d) Housing – The four-unit multiple-family residential apartment project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the project is conditioned to pay a housing in lieu fee on a per unit basis. e) Public Safety – The four-unit multiple-family residential apartment project is located within a five minute response time of Fire Station No. 1, will provide an automatic sprinkler system within each dwelling unit, and is consistent with the fire code. 11. In approving a request for an allocation of excess dwelling units, the following three findings contained in City Council Policy No. 43 – Excess Dwelling Unit Bank must be made: a) That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the four-unit multiple-family residential apartment project is located within a Residential High (RH) General Plan Land Use designation and Multiple-Family Residential (R-3) Zone, which consists predominantly PC RESO NO. 7067 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of multiple-family residential projects developed at a similar density (15-23 du/ac) as the density of the proposed project (20 du/ac); and b) That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document in that as described above the location and density of the four-unit multiple-family residential apartment project is in accordance with the applicable provisions of the General Plan for the RH Land Use designation; and c) That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the GMCP for the applicable density range in that 1) there have been sufficient developments in the northwest quadrant that have developed at densities below the Growth Management Control Point (GMCP) such that the allocation of 0.2 dwelling units would not result in exceeding the quadrant limit, 2) the project is conditioned to pay the appropriate fees to comply with City’s Growth Management Program, and 3) the City’s public facilities plans will not be adversely impacted as the allocation of 0.2 units has already been analyzed and anticipated within the northwest quadrant. 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 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 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; 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 development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. 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. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 13. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. That the City Planner 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 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 for the demolition of a single family residence and accessory structures and Section 15303 for the construction of no more than four dwelling units in an urbanized area of the State CEQA Guidelines. 15. 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 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7067 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building 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 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 Site Development Plan and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Coastal Development Permit documents, as necessary 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 development, different from this approval, shall require an amendment to this approval. 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. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of the Site Development Plan and Coastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 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 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 Site Plan reflecting the conditions approved by the final decision-making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. PC RESO NO. 7067 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 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 amount in effect at the time, as established by City Council Resolution from time to. 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 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 service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. 13. 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 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 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. 14. 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, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan and Coastal Development Permit by Resolution No. 7067 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in 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 showing of good cause by the Developer or successor in interest. 15. Developer shall construct and install all landscaping and irrigation as shown on the approved Preliminary Landscape Plan and consistent with the City’s Landscape Manual. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All PC RESO NO. 7067 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and 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 Directors of Community Development and Planning. 17. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 18. Developer shall prepare and record a Notice that this property may be subject to impacts from the existing Railroad Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Notice and Waiver Concerning Railroad Environmental Impacts on file in the Planning Division). 19. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20. The final project design shall incorporate all interior noise control measures contained within the project related noise study (CP Juniper Residential Development Interior Noise report, Carlsbad, CA, prepared by Ldn Consulting, Inc, dated February 10, 2014). Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 22. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 23. 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 determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 24. 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 body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. PC RESO NO. 7067 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 26. Prior to approval of grading plans or building permit, developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. Fees/Agreements 26. 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. 27. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 28. 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 shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 29. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a minor grading permit for this project is required. Developer shall process grading plans via the building permit process. Technical studies/reports may be required subject to the city engineer’s review. Developer shall pay all applicable grading plan check and permit fees per the city’s latest fee schedule. 30. 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 not limited to pollution control practices or devices, erosion control to prevent 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 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 31. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 32. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving); 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: PC RESO NO. 7067 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 turf, landscape areas); and 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Dedications/Improvements 33. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street & public utility purposes as shown on the site plan. The offer shall be made by a separate recorded document. 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 be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 34. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard development improvement agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb, gutter, sidewalk, driveway approach and street pavement widening along project frontage. B. Grind and overlay a portion of existing street frontage. C. Extend curb, gutter, sidewalk and pavement to the street improvements installed or to be installed per City DWG 481-2. D. Add street light at the end of the cul-de-sac. 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 development improvement agreement or such other time as provided in said agreement. Utilities 35. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 36. Prior to issuance of a grading permit or building permit, the developer shall obtain written approval from the owner of the abutting easterly railroad right-of-way for the proposed installation and/or removal of any sewer or water facilities within said right-of-way. Code Reminders 37. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 39. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. PC RESO NO. 7067 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 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 Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad 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. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . . . . . . . . . . . . . . . . . . . . . .