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HomeMy WebLinkAbout2007-05-16; Planning Commission; ; CT 04-05x1/CP 04-01X1 VISTA LA COSTAT'Clty of Carlsbad Planning Department e A REPORT TO THE PLANNING COMMISSION ItemNo. 0 P.C. AGENDA OF: May 16, 2007 Application complete date: February 16, 2007 Project Planner: Greg Fisher Project Engineer: Tecla Levy SUBJECT: CT 04-05xl/CP 04-0lxl -VISTA LA COSTA.-Request for approval of a retroactive two year extension of Tentative Tract Map (CT 04-05) and Condominium Permit (CP 04-01) to develop a 15-unit airspace residential condominium project on a 0.88 acre site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6294 and 6295 APPROVING a retroactive two year extension of Tentative Tract Map (CT 04-05), and Condominium Permit (CP 04-01) based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant and owner, Abedi Family Trust, has requested a retroactive two year time extension of Tentative Tract Map (CT 04-05), and Condominium Permit (CP 04-01) to develop a 15-unit airspace residential condominium project on a 0.88 acre site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. The requested two year extension would allow the applicant/owner to preserve existing property entitlements while continuing to actively negotiate with an adjacent property owner (KSL La Costa Resort) for certain construction rights and easements. III. PROJECT DESCRIPTION AND BACKGROUND The subject site is 0.88 acres in size and is located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The Planning Commission approved Tentative Tract Map Resolution No. 5815 and Condominium Permit Resolution No. 5816 on January 5, 2005 subject to the condition that the final map be processed within 24 months. After the approval of the Tentative Map, the owner had negotiated the sale of the project with a couple of interested buyers/developers. The owner signed a contract with Mayfair Homes and went into escrow. One of the conditions of the sale was to obtain subordination agreements from KSL La Costa Resort, the adjacent property owner. The owner spent a substantial amount of time to meet the request of the prospective buyer, Mayfair Homes. The owner hired Lightfoot Planning Group and O'Day Consultants (civil engineers) to prepare the necessary documents to satisfy KSL La Costa Resort. Finally on October of 2006, what was (} CT 04-05xl/CP 04-0lxl -•TA LA COSTA May 16, 2007 Page 2 offered by KSL La Costa Resort was rejected by Mayfair Homes. A year and a half had been spent on these negotiations. Without a buyer, the owner is now pursuing the project and is actively negotiating with the adjacent property owner, KSL La Costa Resort for certain construction rights and easements. The owner anticipated that it will take longer than one year to complete the final map process. The project approval expired on January 5, 2007. However, the applicant'made a timely filing for an extension of the project on December 6, 2006, prior to expiration of the Tentative Map, and may therefore be considered for the extension request. The request is that the Tentative Tract Map CT 04-05 and Condominium Permit CP 04-01 be extended for two years to January 5, 2009. Staff has received the application and has scheduled the extension in accordance with Section 66452.6 of the Subdivision Map Act. Staff recommends that the Planning Commission approve the requested two (2) year Tentative Map extension retroactively from January 5, 2007 resulting in a new expiration date of January 5, 2009. Additionally, it is recommended that the Condominium Permit be extended concurrently with the Tentative Map. IV. ANALYSIS According to Section 20.12.l 10(a)(2) of the Carlsbad Municipal Code (CMC), no extension shall be granted or conditionally granted unless the Planning Commission (or City Council on appeal) finds: 1. that the design and improvements of the subdivision are consistent with the General Plan, Titles 20 and 21, and any public facility or growth management policies in existence at the time the extension is approved in that the project remains in compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned; 2. that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision in that the applicant has hired an engineering consulting firm to prepare the necessary documents to obtain the approval of the final map; 3. that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the Tentative Map in that a condition has been added establishing that the Condominium Permit (CP 04-01) will expire concurrent with the Tentative Map; and 4. that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the Tentative Map in that the project remains in compliance with current codes, policies and Growth Management. The project remains in compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned. The original conditions of approval contained within Planning Commission Resolution No. 5815 (CT 04-05) and 5816 (CP 04-01) dated January 5, 2005 are still applicable to the project, with the exception of the following: CT 04-05xl/CP 04-0lxl -.TA LA COSTA May 16, 2007 Page 3 1. Engineering Conditions Nos. 27 and 42 of Planning Commission Resolution No. 5815 will be replaced with new l~guage to clarify and supplement current National Pollutant Discharge Elimination System (NPDES) requirements for permanent storm water quality mitigation. Replacement Condition No. 27 requires the Developer to include within the CC&Rs contingencies for perpetual operation and maintenance of permanent, post- construction BMPs according to the recommendation within the required Storm Water Management Plan (SWMP). A SWMP will be submitted with their grading permit application to comply with current storm water quality regulations. Replacement Condition No. 42 clarifies that the project must comply with NPDES requirements recently adopted by the Regional Water Quality Control Board. 2. A new Condition No. 10 has been included in Resolution No. 6294 (CT 04-05xl) requiring the developer/owner to execute an agreement with the City of Carlsbad to assure perpetual maintenance of all treatment BMPs. 3. Condition No. 11 establishing the new expiration date of the Tentative Map has been added to Resolution 6294 (CT 04-05xl). V. ENVIRONMENTAL REVIEW On January 5, 2005 the Planning Commission adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Planning Commission Resolution No. 5812) for the Vista La Costa Condominium project. Staff has reviewed the request for extension and the Planning Director has determined that the project complies with and is within the scope of the prior environmental documents, the project has no new significant environmental effect not analyzed in the prior Mitigated Negative Declaration, none of the circumstances requiring a subsequent Negative Declaration under CEQA Guidelines Section 15162 exist. No further CEQA analysis or action is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6294 (CT 04-05xl) 2. Planning Commission Resolution No. 6295 (CP 04-0lxl) 3. Location Map 4. Request for Tentative Map Extension 5. Disclosure Statement 6. Background Data Sheet 7. Local Facilities Impact Form 8. Planning Commission Resolution No. 5815 (CT 04-05) 9. Planning Commission Resolution No. 5816 (CP 04-01) 10. Reduced Exhibits "A" -"U" dated January 5, 2005 PLANNING COMMISSION RESOLUTION NO. 6294 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION. OF A TENTATIVE 3 TRACT MAP TO DEVELOP A 15-UNIT AIRSPACE RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE 4 SITE GENERALLY LOCATED ON THE NORTH SIDE OF , GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA 6 STREET, WITHIN LOCAL FACILITIES MANANGMENT ZONE 6. 7 CSENAME: VISTA LA COSTA g CASE NO.: CT 04-05x1 9 WHEREAS, Abedi Family Trust, "Owner/Developer," has filed a verified 10 application with the City of Carlsbad regarding property described as 11 AH of Lots 376 and 377 of La Costa South Unit No. 5, \2 according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10,1970 and 13 that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of 15 Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on 16 August 27, 1984 as File no. 84-325375 of Official Records of said San Diego County 17 ("the Property"); and 1 o 19 WHEREAS, said verified application constitutes a request for a Tentative Tract 20 Map Extension as shown on Exhibits "A" - "U" dated January 6,2005, on file in the Planning 21 Department VISTA LA COSTA - CT 04-05, as provided by Chapter 20.12 of the Carlsbad 22 Municipal Code; and 23 WHEREAS, on January 5, 2005, the Planning Commission approved, CT 04- 24 ~<. 05, as described and conditioned in Planning Commission Resolution No. 5815; and 26 WHEREAS, the Planning Commission did, on the 16th day of May, 2007, hold a 27 duly noticed public hearing as prescribed by law to consider CT 04-05x1; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Tentative Tract Map Extension. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES VISTA LA COSTA - CT 04-05x1, based on the following findings and subject to the following conditions: 10 Findings; 12 1- All the findings in Planning Commission Resolutions No. 5815 (CT 04-05) and 5816 (CP 04-05) dated 13 effect. January 5, 2005 are incorporated herein by reference and remain in 14 2. That the design and improvement of the .subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or growth management policies in existence at the time the extension is approved in that the project remains in 16 compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned. 17 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the 18 subdivision in that the applicant has hired an engineering consulting firm to prepare the necessary documents to obtain the approval of the final map. 2Q 4. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map in that a condition has been added 21 establishing that the Condominium Permit (CP 04-01) will expire concurrent with the Tentative Map. 22 5. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the Tentative Map in that the project 24 remains in compliance with current codes, policies and Growth Management. 25 6. That a two-year extension is appropriate and would allow the owner/applicant to preserve existing property entitlements while actively negotiating with the adjacent 26 property owner for certain construction rights and easements. 27 7. The Planning Director has determined that: 2° a. the project is a project for which a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Vista La Costa, CT 04-05, PC RESO NO. 6294 -2- dated January 5, 2005, (Planning Commission Resolution No. 5812) was 2 previously adopted [ 15162]; 3 b. this project is consistent with the project sited above; 4 c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was adopted in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration and Mitigation Monitoring and 7 Reporting Program; and > 8 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exists. 9 7. 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 j I 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. 12 Conditions; 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 16 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 1' 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 19 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 20 or a successor in interest by the City's approval of this Tentative Tract Map Extension. 21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 22 and modifications to the Tentative Tract Map Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. 23 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. j^>^ 25 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. 26 4. If any condition for construction of any public improvements or facilities, or the payment 27 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 PC RESO NO. 6294 -3- unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 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 this Tentative Tract Map 6 Extension, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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 9 all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 6. This approval is granted subject to the approval of CP 04-Olxl and is subject to all conditions contained in Planning Commission Resolution No. 6295 for this other 12 approval. 13 7. All the conditions contained in Planning Commission Resolution No. 5815 dated January 5, 2005 for CT 04-05 are incorporated herein by reference and remain in effect, except Engineering Conditions No. 27 and 42 of Planning Commission Resolution No. 5815 which are to be deleted and replaced by Conditions 8 and 9 below. 16 8. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or 17 other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, storm drain facilities and permanent post-construction storm water quality best 19 management practices located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the 20 subdivision. Additionally, the CC&Rs and/or other recorded document shall obligate individual property owners to maintain any and all permanent BMPs 21 within individual property ownership, in perpetuity, according to the 22 recommendation put forward in an approved Storm Water Management Plan report. 23 9. Prior to the issuance of grading permit or building permit, whichever occurs first, 24 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the 25 San Diego Region of the California Regional Water Quality Control Board, or any subsequent Orders, and City of Carlsbad Municipal Code. The SWMP shall 27 address Best Management Practice (BMP) measures to preclude, mitigate or otherwise treat said pollutants from storm water discharges, to the maximum extent practicable (MEP), for the post-construction stage of the project. At a minimum, the SWMP shall: PC RESO NO. 6294 -4- i. Identify existing and post-development on-site pollutants-of concern; 2 ii. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 3 iii. Propose source controls, site design and treatment control BMPs that will be implemented with this project to preclude, mitigate or otherwise treat said 4 pollutants to remove them from storm water discharges to the MEP before r discharging to dedicated open space/Habitat Management Plan areas; iv. Establish specific procedures for handling spills and routine clean up and 6 include them within the CC&Rs. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up 7 and disposal of pollutants; v. Ensure long-term maintenance of all post construct BMPs in perpetuity; vi. Identify how post-development runoff rates and velocities from the site will 9 not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 10 10. Developer shall cause property owner to process, execute and submit an executed 11 copy to the City Engineer for recordation a City standard Best Management 12 Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 13 BMPs prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project. 14 11. This Tentative Map is granted for a period of two (2) years retroactively from 15 January 5,2007 through January 5,2009. NOTICE 17 1R 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 19 "fees/exactions." 20 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 22 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 23 annul their imposition. ' 24 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 2r 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 26 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 27 expired. 28 PC RESO NO. 6294 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 \J 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City of Carlsbad, California, held on the 16th day of May, following vote, to wit: AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Montgomery, Whitton NOES: ABSENT: ABSTAIN: \L*^ M \01 >. S **&l*Jf^*a JULIE BAKERx Chairperson CARLSBAD-RiANNING COMMISSION ATTEST: Q ~y7 •cjjcyi r &C( DONNEU Planning Director • i PC RESO NO. 6294 -6- the Planning 2007, by the Dominguez, V 1 PLANNING COMMISSION RESOLUTION NO. 6295 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION OF A 4 CONDOMINIUM PERMIT TO DEVELOP A 15-UNIT 5 AIRSPACE RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH ^ 6 SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA 7 STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. 8 CASE NAME: VISTA LA COSTA 9 CASE NO.: CP-04x01xl 10 WHEREAS, Abedi Family Trust, "Owner/Developer," has filed a verified * * application with the City of Carlsbad regarding property described as 12 All of Lots 376 and 377 of La Costa South Unit No. 5, 13 according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10,1970 and 14 that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of 16 Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on 17 August 27, 1984 as File no. 84-325375 of Official Records of said San Diego County 18 , 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Condominium 21 Permit Extension as shown on Exhibits "A" - "U" dated January 5, 2005, on file in the 22 Planning Department, VISTA LA COSTA - CP 04-01, as provided by Chapter 21.45 of the 23 Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 16th day of May, 2007, hold a 25 duly noticed public hearing as prescribed by law to consider CP 04-Olxl; and 27 „ WHEREAS, at said public hearing, upon hearing and considering all testimony 2% and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit Extension; and WHEREAS, on January 5, 2005, the Planning Commission previously 2 approved CP 04-01 as described and conditioned in Planning Commission Resolution No. 3 5816. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES VISTA LA COSTA - CP 04-Olxl, based on the following findings and subject to the following conditions: 10 Findings; 12 1- All findings contained in Planning Commission Resolution No. 5816 dated January 5, 2005 for CP 04-01 are incorporated herein by reference and remain in effect. 13 2. That a two-year extension is appropriate and would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for a 15-unit airspace residential condominium project (CT 04-05 and CP 04-01). J. 0 3. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the Tentative Map. 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 18 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. Conditions; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 22 recordation or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 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 25 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 28 or a successor in interest by the City's approval of this Condominium Permit extension. PC RESO NO. 6295 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Condominium Permit Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. c 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 12 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 13 or indirectly, from (a) City's approval and issuance of this Condominium Permit Extension, (b) City's approval or issuance of any permit or action, whether discretionary 14 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 16 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 17 approval is not validated. 18 6. This approval is granted subject to the approval of CT 04-05x1 and is subject to all .„ conditions contained in Planning Commission Resolution No. 5815 for this other approval. 20 7. All the conditions contained in Planning Commission Resolution No. 5816 dated 21 January 5, 2005 for CP 04-01 are incorporated herein by reference and remain in effect.22 23 8. This approval shall become null and void upon the expiration of Tentative Map CT 04-05x1. 24 25 26, ''' 27 ... 28 PC RESO NO. 6295 -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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th day of May, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, Whitton JULIE CARLSB ATTEST: Chairperson ANNING COMMISSION DONNEU Planning Director PC RESO NO. 6295 -4- 0 SITE MAP • N NOT TO SCALE Vista La Costa ·CT 04-05x1/CP 04-01x1 0 RECEIVED DEC 06 2006 ENGINEERING DEPARTMENT 0 December 4, 2006 TO: Planning Commission City of Carlsbad FROM: Esrafil & Shahla Abedi Family Trust, owner 22892 Ocean Breeze Way. Laguna Niguel, CA. 92677 SUBJECT: Request Time Extension of Approved Tentative Map For project Vista LaCoste/Gibraltar Street, Lacosta, CA. From Abedi Family Trust, 22892 Ocean Breeze Way, Laguna Niguel, California 92677 Since the approval of TM for Vista Lacosta project we had a couple interested developers with whom we negotiated and finally we signed a contract and went to escrow with Mayfair Homes. One of the conditions of sale was obtaining subordination agreements from LaCosta Golf Resort. We spent substantial amounts of time and finances to meet this request of buyer, (Mayfair Homes), having the Light Foot Planning Group and O'Dey Consultants (civil engineers) working on our behalf to prepare the necessary documents to satisfy the Lacosta Golf Course. tn tl:le one year §Qd a half @~ ~r~~~~tsi~~~~·g~~~!~~~~f$~~~~~f~~~.ei~~~°J~:s~~~~~~~ff~r~9tes, the··gc51r~coiJrsewas-11ofaccepted by the buyer (Mayfair Homes). I have a few emails enclosed. Now with the real estate market slo ... ~QWA..,Wil.~(?~~!~S~.~~ ~D.!P.Pl".O!?fiat!L. buyer wlll be much more dlfficult. e are considering to negotiate w1ffi an architect ancf' , ·'6liiidertoi>rocee w proJeC nal map. Due to added special conditions of this ) i project, {permiS§lon from golf coun~e wr certain construction and easemeot etc.), w!r/ \,[_!S~~~~:'.:!~~~:~~: rTiaximum extension permitted by law. ~~ ,,._,,.,,, . . _, , ...... ,_ -"--~.~....::,;~,>·-~ .... -.~~,.--.;-~.~:.:<,.,-_,-.,,.-.w,'"""'• ,_·-~,-~""' -.-·,···- Sincerely, e+f~ -~,,uJ,,R.;,_£1 Esrafil & Shahla Abedi Family Trust 98Lz:E9Ll:96 E9:5e 900i/90/l1 0 0 City, of Carlsbad 1¥hh,iehii·l•Ji•IHl•eei§eii DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.• Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INOIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person SH AHL A 4; 15"SlcltFt'LfM€/)J Corp/Part _________ _ 'A.be).;..~~ Title ~\wi'ldo°"" 'V ---<!' Title _____________ _ Address 1~ 29J.. «2fe.6.:.::: B~ ~ Address __________ _ ~(\/A~tCA °12~1? 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership .....-:~int~.rest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, .. ~·~ot;i.!.'ifentam~s in common, non-profit, corporation, etc.). If the ownership includes a corporation or ·"' · • partn~rship, include the names, title, addresses of all individuals owning more than 10% of the shares. 1IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person SHA 1:/L A 4 Gs&A;,'I A8E/Jf Corp/Part. _________ _ Title (91at'.h£4.:e (~ 4 ~) Title ________ _ Address ;). J g q 'L ~ i3rl? Address _________ _ l~ " L~ NJ.·~ (,4 'tl6'77 _________ _ 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ·---------------- Title Title --------------------------------- Address ------------------Address _______________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or c·ouncil within the past twelve (12) months? D Yes ~No If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of applicant/date sH_fJHLA-.fvsciJr Es~flE/' A6tDJ ________ _ Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or. type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 oBACKGROUND DATA SHEET e CASE NO: CT 04-05xl/CP 04-0lxl APPLICANT: Abedi Family Trust REQUEST AND LOCATION: Request for approval of a retroactive two year extension of Tentative Tract Map (CT 04-05) and Condominium Permit (CP 04-01) to develop a 15-unit airspace residential condominium project on a 0.88 acre site generally located on the north side of Gibraltar Street. south of the La Costa Golf Course, between Jerez Court and Romeria Street, within Local Facilities Management Zone 6 LEGAL DESCRIPTION: All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as File no. 84-325375 of Official Records of said San Diego County. APN: 216-290-20, 21 & 47 Acres: 0.88 Proposed No. of Lots/Units: 1 lot/15 airspace condominiums GENERAL PLAN AND ZONING Existing Land Use Designation: =--RH=----------------------- Proposed Land Use Designation: N:....:..:..::/A=-------------------- Density Allowed: 15 -23 du/acre Density Proposed: .;;.17.:...; . ..;;.0 _________ _ Existing Zone: ~RD~-M~------Proposed Zone: N~/A~----------- Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site RD-M RH Vacant North P-C OS Golf Course South RD-M RH Multi-Family Residential East RD-M RH Multi-Family Residential West RD-M RH Multi-Family Residential Revised O I /06 ~OCAL COASTAL PROGRAM e Coastal Zone: D Yes [8J No Local Coastal Program Segment: N::....:.a...:;I A..;a._ ______ _ Within Appeal Jurisdiction: D Yes [8J No Coastal Development Permit: D Yes [8J No Local Coastal Program Amendment: D Yes [8J No Existing LCP Land Use Designation: NIA Existing LCP Zone: NIA Proposed LCP Land Use Designation: N;......:;I A..;a._ __ Proposed LCP Zone: ..... N'"'"I A-'---------- PUBLIC FACILITIES School District: Encinitas Union/San Dieguito Unified: Water District: Carlsbad Sewer District: Leucadia Wastewater Equivalent Dwelling Units (Sewer Capacity): =15~E_D~U'"---------------- ENVIRONMENTAL IMPACT ASSESSMENT D Categorical Exemption, _____________________ _ D Negative Declaration, issued ____________________ _ D Certified Environmental Impact Report, dated. ______________ _ l:8J Other, Mitigated Negative Declaration Revised O 1/06 0 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: Vista La Costa -CT 04-05xl/CP 04-0lxl LOCAL FACILITY MANAGEMENT ZONE:§ GENERAL PLAN: =RH=------- ZONING: =RD=-c..-M~------------------------------- DEVELOPER'SNAME:_A~be~d-i~F_am_i-ly~T~ru-----'st _____________________________ _ ADDRESS: 22892 Ocean Breeze Way. Laguna Niguel. CA 92677 PHONE NO.: 949-533-8669 ASSESSOR'S PARCEL NO.: 216-290-20. 21 & 47 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): ..c...0.~88~a-c~re~s -------- ESTIMATED COMPLETION DATE: _________________ _ A. B. C. D. E. F. G. H. City Administrative Facilities: Demand in Square Footage= 55.59 Library: Demand in Square Footage= 29.67 Wastewater Treatment Capacity (Calculate with J. Sewer) 15EDU Park: Demand in Acreage = 0.11 Drainage: Demand in CFS = 3 Identify Drainage Basin = D (Identify master plan facilities on site plan) Circulation: Demand in ADT = 120 (Identify Trip Distribution on site plan) Fire: Open Space: Served by Fire Station No. = -2~& ...... 6~---- Acreage Provided = ~N--=/ A-=------- I. Schools: Encinitas Union Elementary/San Dieguito Union High School (Student Generation: Elementary= 1.63; Middle= 1.65; HS= 1.65) J. K. Sewer: Water: Demands in EDU Demand in GPD = 15 3 300 L. The project is 2 dwelling units below the Growth Management Dwelling unit allowance. 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 C PLANNING COMMISSION RESOLUTION NO. 5815 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT NUMBER CT 04-05 TO DEVELOP A FIFTEEN UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA CASE NO.: CT 04-05 WHEREAS, Abedi Family Trust, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, flied in the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" -"U" dated January 5, 2005, on file in the Planning Department VISTA LA COST A -CT 04-05, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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 argwnents, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. 1 2 3 4 5 6 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES VISTA LA COSTA -CT 04-05, based on the following findings and subject to the following conditions: 7 Findings: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed project satisfies all minimum requirements of CMC Titles 20 and 21 and the project is designed to comply with all applicable City regulations including the RD-M zone and the Planned Development Ordinance. That the proposed project is ·compatible with the surrounding future land uses since surrounding properties are designated for Residential High (RH) density development on the General Plan, and are developed with multi-family residential projects. 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 project site can accommodate the proposed residential development while complying wit~ all development standards and public facilities requirements. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with the recordation of the final map the developer will vacate and adjust any easements that conflict with the proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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 adequate separations will be provided to allow for breezes to cool the areas and landscaping will be installed to provide shade and reduce the temperature of developed areas. 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. PC RESONO. 5815 -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 8. 9. 10. 0 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, in that the project site has been previously graded and is surrounded by existing development. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based Qn the facts set forth in the staff report dated January S, 2005 including, but not limited to the following: A.) Land Use -The project is consistent with the City's General Plan since the proposed density of 17.0 du/ac is within the density range of 15 -23 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 17 du/ac is slightly below the Growth Management Control Point density (19 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developen in approved projects, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. B.) Circulation-The project is served by an existing fully improved public street, Gibraltar Street, which operates at an acceptable level of service. On-site . circulation consists of private driveways which provide access to subterranean parking for the units and guest parking spaces designed in accordance with City standards. C.) Noise -The project is not located adjacent to any noise source and will have no noise impacts. D.) Housing -The project is consistent with the Housing Element of the General Plan and the lnclusionary Housing Ordinance as the developer will purchase 3 off-site affordable unit credits within the Villa Loma Project. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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 PC RESO NO. 5815 -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 12. 13. 14. 15. 0 0 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. b. c. The project has been conditioned to provide proof from the Encinitas Union and San Dleguito Union High School Districts that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permits. 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 The Planning Commission of the City of Carlsbad does hereby find: a. b. c. d. it has reviewed, analyzed and considered the Mitigated Negative Declaration for VISTA LA COSTA -GPA 04-14/ZC 04-09/CT 04-05/CP 04-01, the environmental impacts therein identified for this project and said comments thereon, and Mitigation, Monitoring and Reporting Program (the Program), on tile in the Planning Department, prior to RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 RESONO. 5815 -4- 1 2 0 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to fmal map 3 approval or issuance of a grading permit, whichever occun fint. 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. If any of the following conditions fail to occur; or if they are, by their tenns, 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; 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 Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. The Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union and San Dieguito Union High School Districts that this project has satisfied its obligation to provide school facilities. PC RESO NO. 5815 -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 8. 9. 0 This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. A note to this effect shall be placed on the Final Map. 10. Developer shall implement, or cause the implementation of the Project Mitigation Monitoring and Reporting Program. 11. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 04-14, ZC 04-09 and CP 04-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5812, 5813, 5814, and 5816 for those other approvals incorporated herein by reference. 12. This project is being approved as an air space condominium. There will be no individual ownership of land. A note to this effect shall be placed on the Final Map with the exact wording to the satisfaction of the Planning Director. 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 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 PC RESO NO. 5815 -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 0 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. · c. Failure of Association tQ Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the ~'Common Area Lots and/or the Association's Easements'' as provided in Article Section the City shall have the right, but not the duty, to perform the necessary maintenance. If 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 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 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 Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 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, 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 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 from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOA shall be responsible for I maintaining all the landscaping installed on the subject site. 16. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. PC RESO NO. 5815 -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 17. 18. 19. 20. 21. 22. 23. 0 Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. 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 CFO #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 6, 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. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Prior to final map approval, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a General Plan Amendment, Zone Change, Tentative Tract Map and Condominium Permit by Resolutions No. 5813, 5814, 5815 and 5816 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 Planning Director 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. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. PC RESO NO. 5815 -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 24. 0 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. 25. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 26. Developer shall submit to the City Engineer, a reproducible 24" x 36" mylar copy of the tentative map and a digital copy of said map (in AutoCAD form.at, latest version) reflecting the conditions approved by the ftnal decision making body. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, ftnal map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 27. 28. 29. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards or as approved by the City Engineer and shall record the following statement on the Final Map (and in the CC&Rs): "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3 or as approved by the City Engineer. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/ Agreements 30. 31. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an PC RESO NO. 5815 -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 0 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 32. 33. 34. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 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 shall1 apply for and obtain a grading permit from the City Engineer prior to commencement of any earthwork activities. Dedications/Improvements 35. 36. 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offers shall be made by a certificate on the final map or by separate recorded documents. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Additional easements and easement width for the existing public drainage system offsite along the easterly boundary of the subdivision shall be granted, prior to recordation of the final map, as required by the City Engineer. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 38. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, PC RESO NO. 5815 -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 39. 40. 41. 0 clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) The public water system generally shown on the tentative map. Those frontage improvements on Gibraltar Street adjacent to the subject property. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. B. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; PC RESO NO. 5815 -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 42. 43. 44. b. c. d. 0 include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation PlQD (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximUlll extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. d. e. f. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Prior to grading permit issuance, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for the drainage outlet. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete .spillway section with longitudinal curbing and/or radially designed riprap, or other means deemed appropriate, to the satisfaction of the City Engineer. PC RESO NO. 5815 -12- 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 0 Final Map Notes 45. Developer shall show on Final Map the net developable acres for each parcel. 46. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. B. C. Water All improvements are privately owned and are to be privately maintained with the exception of the following: · 1. The public water and sanitary sewer systems. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. 47. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 48. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 49. The Developer shall install meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 50. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 51. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. Code Reminders The project is subject to all applicable provisions oflocal ordinances, including but not limited to the following: 52. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. PC RESO NO. 5815 -13- 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 0 53. Developer shall exercise special care during the construction phase of this project to prevent o:ffsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 54. Some improvements shown on the tentative map and/or required by these conditions are located o:ffsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 55. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 56. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 57. 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. PC RESONO. 5815 -14- 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton ~ JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~ DON NEU Assistant Planning Director PC RESO NO. 5815 -15- 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 0 PLANNING COMMISSION RESOLUTION NO. 5816 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 04-01 TO DEVELOP A FIFTEEN UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH.SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA CASE NO.: CP 04-01 WHEREAS, Abedi Family Trust, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed In the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County ("the Property"); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits "A" -"U" dated January 5, 2005, on file in the Planning Department VISTA LA COSTA -CP 04-01, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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 persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. 1 2 3 4 5 6 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES VISTA LA COST A -CP 04-01, based on the following findings and subject to the following conditions: 7 Findings: 8 9 10 11 12 13 14 15 16 17 18 1. 2. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the proposed project of 15 condominiums on the subject site conforms with all the design and development standards applicable to the property as contained in Chapter 21.45 of the Carlsbad Municipal Code (CMC) and the project is compatible with existing surrounding residential development. That the proposed project's density, site design and architecture are compatible with surrounding development, in that the proposed project of 15 condominiums (17 du/ac) on the subject site is consistent with the allowable density range of the Residential High Density (RH, 15 -23 du/ac) General Plan land use designation and the project's density (17 du/ac) is slightly below the Growth Management Control Point density of 19 du/ac. The site is designed to be consistent with applicable development standards and its proposed residential use is compatible with adjacent existing and planned residential land uses. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 19 approval or issuance of a grading permit, whichever occurs first. 20 21 22 23 24 25 26 27 28 1. 2. 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; 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 Condominium Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium 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. PC RESO NO. 5816 -2- I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 0 Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 this Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 04-14, ZC 04-09 and CT 04-05 and is subject to an conditions contained in Planning Commission Resolutions No. 5812, 5813, 5814 and 5815 for those other approvals incorporated herein by reference. 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 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. PC RESONO. 5816 -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 • PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California. held on the 5th day of January 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DON NEU Assistant Planning Director PC RESO NO. 5816 Chairperson Segall, Commissioners Baker; Cardosa, Dominguez, Heineman, Montgomery and Whitton -4- ~,1~ ~~-~~ I• ~! 118t ;t e·i It . -: ' ~ I ;1,·. J! 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'lliVllS:!I NV1d .!IOOll V.LSO::> V1 V .LSIA --- I I T T - ~ ~ 1 i ~ ~ ---1 ~ ! -i ! • -1 -~ ~ I .~ -.;; T ~ I -~ ' I T T 1 .i,s -I ~ 1 I 1 I 1 I i • --B 1 --1 1 11 ----i ' i I I I I I I = .. I t, z I 0 I j:: I < I I > I w I ....I I w I I I I- I z I 0 I I a: I lL? I I (\I; I ci~ I I I o~ I al~ __ J SNOIJ.VAR'l:l VJ.SOO V1 VJ.SIA B;3 EEi i ! 0. : ,... z 0 j:: ; I I I' ..... _-0_ • s " 1LIYUll ----, I I I I I I I I I I I I I I I I J I I I ,: •' 1: I! I I I I I J I I I I I L...:!:::::::!IL,.~=~-----j ! z 0 i= < > w -' w a: < w O:y N'; -. Cb ~i SNOLLVA:!U i------... ~ .... ~· ,.__, VJ.SOO V1 VJ.SL\ ¥ ,._ ... I I z 0 i=-< > w w 1-:r j I I -=--=-~ -------... ===~ ;:=== -=---==== ---------..... ---... ----- ~ ~ i ~ ! I I! i id i i i ~ 111 111 i ~ ~ I v1NH0:1nvo •aves,HVO ' J J~J, I V .LSOO V1 V .LSI/\ 1038V II __ .,_ 1181dl i I -~ 8d'808IJU8"1 ; J 1~ 11 I 0 >D ;a ~ @a~ 0 i i ' . ----- WATER CONSERVATION PLAN WATER CONSERVATION NOTES 33.5% OF TOTAL SITE TO BE LANDSCAPED. 1. City of Carlsbad Planting Zones Zone 1 2,800 SF Zone 2 12,700 SF Zone 3 4,015 SF 2. Estimated Supplemental Water Is 366,on gal. per year for entire site. 3. Annual color proposed only at the project entry. 4. All plantad areas are to be maintained by the owner. 5. Thesa plants have been salactacf for their aasthetic: value as well as for their ability to tlvlve on the existing solar, wind, and watar conditions of the slta. These plants are well adapted to the Carlsbad climate and do not demand a high amount of watar. Supplemental watar Is astlmatad to be lass than 366,0n gal. per year onoa the plants are aslabllshad. 6. The soil shaU be amended to improve the plants' environment Ground COY8l'8 shaU fiA In belw9an the shrubs to Bhlald lha soil from the sun end reduce evapotransplratlon. All the flower end shrub beds shaD be mulched to help conserve water, lower the soil temperature, and reduce weed prowth. Tha shrubs shall be ano-d to grow In their more natural forms. This will wock togalher with lha ground COY8l'8 and mulches to reduce lha evapotranBplral rates of lha soil. 7. Proper landscape malntananos can provide energy and water conservation with lha recycling and reuse of landscape trimmings and a raductlon In the usa of · chemlcals In the landscape. 8. Tha in1gellon systani shall be designed with the foltcwlng guldellnas •.. • AR valves lo be oomectad lo an automatic clock with multiple start times. • All clocks can be oventdden by molslure sensors set Into the planting areas at slrateglc locations. * Drip lnlgatlon can ba utlHzad to supplement the overhead spray systam where required. USABLE SITE AREA SUMMARY 6ulldlng Footprint a,012 Sf. 10 Acre n..h .. -... ,, a .. ....i c ... 1..r ... -.... ~~ S.F=. .11 Acre lb Sf. .&I Acre 4 -"·-·-s (33.511\) a (24.Sll\) 23.1 % 18.9 % &8% ~ m llUJflll PlUIIH nm PUIIIIC SITEIEIIU 111mm m111mm ~ -~i oO w ~ :s I ~~ > ==at .. r•• "" -.... Lp Wi!!J. -