HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 6410PLANNING COMMISSION RESOLUTION NO. 6410
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP CT 07-13 TO ALLOW THE
3 DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE
AND ASSOCIATED DETACHED GARAGE AND
4 CONSTRUCTION OF A FIVE (5) UNIT RESIDENTIAL AIR-
5 SPACE CONDOMINIUM PROJECT ON A .27 ACRE SITE
GENERALLY LOCATED ON THE NORTH SIDE OF CHESTNUT
6 AVENUE, EAST OF LINCOLN STREET, AND WEST OF
WASHINGTON STREET, IN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CHESTNUT FIVE CONDOMINIUMS
9 CASE NO.: CT07-13
10 WHEREAS, MARK GARDNER, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
12 The Southwesterly half of the following described parcel of
13 ,land:
14 All Of Tract 221 Of Thum Lands, in the City of Carlsbad,
, - County of San Diego, State of California, according to Map
thereof NO. 1681, filed in the Office of the County Recorder of
16 San Diego County, December 9,1915.
17 Excepting from said Tract 221, the Southwest 100 feet. Also
excepting the Northeast 10 feet thereof
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Tentative Tract
21 Map as shown on Exhibits "A" - "R" dated April 16, 2008, on file in the Planning Department
22 CHESTNUT FIVE CONDOMINIUMS - CT 07-13, as provided by Chapter 20.12 of the
23
Carlsbad Municipal Code; and
24
WHEREAS, the Planning Commission did, on April 16, 2008, hold a duly
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26 noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
OS and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.4
r B) That based on the evidence presented at the public hearing, the Commission
APPROVES THE CHESTNUT FIVE CONDOMINIUMS - CT 07-13, based
6 on the following findings and subject to the following conditions:
Findings:
o 1. That the proposed map and the proposed design and improvement of the subdivision as
n 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
10 Subdivision Map Act, and will not cause serious public health problems, in that the
project is consistent with all regulations governing air-space subdivisions and all
minimum requirements of Title 20, and the project has been designed to comply
with all other applicable regulations including Title 21, the Planned Development
Ordinance, the Residential High Density (RH) General Plan Land Use designation,
13 and the Mello II Segment of the Certified Local Coastal Program (Mello II LCP).
14 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High Density (RH) development
on the General Plan, in that the project would be constructed with attached
., condominiums at a density of 18.52 du/ac which is similar in character and density
to the product type found directly to the south and which is compatible with the
\j single-family development east and west of the site; and the project is located over
100 feet from the Buena Vista Lagoon and has been designed to comply with all of
18 the applicable requirements of the Mello II LCP.
3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all required development standards and design criteria required by
21 the applicable zoning ordinances and the Mello II LCP have been incorporated into
the project without the need for variances from development standards.
22
4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
7 . 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
25 adjust any easements that conflict with the proposed development.
26 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
27
6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in a north-south alignment for a western exposure which will allow for passive
PCRESONO. 6410 -2-
heating or cooling opportunities to the extent possible; that the structure setbacks
2 will allow for air circulation; and that the design and units are situated to take
advantage of the prevailing westerly breezes.
3
7. That the Planning Commission has considered, in connection with the housing proposed
4 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.
8. That the design of the subdivision and improvements are not likely to cause substantial
7 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is an in-fill project with no sensitive plant or animals present.
8
9. That the discharge of waste from the subdivision will not result in violation of existing
" California Regional Water Quality Control Board requirements, in that the project has
iQ been designed in accordance with Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
11 project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) Requirements.
12
_ 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
14 the staff report dated April 16, 2008 including, but not limited to the following:
15 a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 18.52 du/ac, is within the density range of 15-23 du/ac for
the Residential High Density (RH) General Plan Land Use designation as
17 indicated on the Land Use Element of the General Plan.
18 b. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the applicant is proposing
19 to satisfy the inclusionary housing requirement through the payment of an
inclusionary housing in-lieu fee. The project has been conditioned to pay the
fee prior to building permit issuance.
21
c. Open Space and Conservation - The project will not impact any designated
22 open space and will conform to all NPDES requirements and Utilize Best
Management Practices for control of storm water and to protect water
23 quality.
24 d. Noise - The project is conditioned to meet the 60dBA CNEL exterior noise
25 standard for required private recreation space and is conditioned to
incorporate noise mitigation measures to ensure compliance with the 45 dBA
26 CNEL interior noise standards.
27 e. Public Safety - The project will provide facilities to ensure compliance with
28 Public Safety Requirements and the project will provide automatic fire
sprinkler systems throughout the buildings.
PCRESONO. 6410 -3-
f. Circulation - The circulation system is designed to provide adequate access to
2 the proposed units and the project is conditioned to construct street
improvements along Chestnut Avenue.
3
11. 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,
o
9 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.
10
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
12 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
13 collected prior to the issuance of building permit.
14 12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
17
13. This project has been conditioned to comply with any requirement approved as part of the
18 Local Facilities Management Plan for Zone 1.
14. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
21 preparation of environmental documents pursuant to Section 15332, In-Fill Development
Projects, in that, the project is consistent with the General Plan; the Zoning
22 Ordinance; the project is within the City limits; is less than five (5) acres in size; and
is surrounded by urban uses.
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15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
25 16. The Planning Commission has reviewed each of the exactions imposed on the Developer
26 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
27 degree of the exaction is in rough proportionality to the impact caused by the project.
28
PCRESONO. 6410 -4-
Conditions;
2
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
3 recordation or issuance of a grading permit, whichever occurs first.
4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
e implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
6 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
7 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
9 or a successor in interest by the City's approval of this Tentative Tract Map.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
12 shall occur substantially as shown on the approved Exhibits. Any proposed development,
' different from this approval, shall require an amendment to this approval.
13
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of building permit issuance.
4. If any conditions for construction of any public improvements or facilities, or the
15 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this
Project are challenged, this approval shall be suspended as provided in Government Code
17 Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 and costs, including court costs and attorney's fees incurred by the City arising, directly
_~ 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
23 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 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
26 approval is not validated.
27 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision-
2° making body.
PCRESONO. 6410 -5-
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
3
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
c obligation to provide school facilities.
6 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
7 Plan prior to the issuance of building permits.
Q
10. This approval is granted subject to the approval of Condominium Permit (CP 07-05)
9 and Coastal Development Permit (CDP 07-29) and is subject to all conditions
contained in Planning Commission Resolutions No. 6412 and 6413 for those other
10 approvals incorporated herein by reference.
11. Building permits will not be issued for this project unless the local agency providing
12 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
13 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
14 shall be placed on the Final Map.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
16 #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
17 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
19 approval will not be consistent with the General Plan and shall become void.
20 13. Prior to final map recordation the 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 Planning
22 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tentative Tract Map by Resolution(s) No. 6410 on the property.
23 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
24 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
26 or successor in interest.
27 14. 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
PCRESONO. 6410 -6-
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
2 condition, free from weeds, trash, and debris.
3 15. At issuance of building permits, or prior to the approval of a final map the Developer
shall pay to the City an inclusionary housing in-Iieu fee as an individual fee on a per
4 market rate dwelling unit basis in the amount in effect at the time, as established by City
r Council Resolution from time to time.
6 16. 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.
o
17. Developer shall establish a homeowner's association and corresponding covenants,
9 conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
10 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:
12 a. General Enforcement by the City. The City shall have the right, but not the
13 obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
14
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
16 the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
17
c. Failure of Association to Maintain Common Area Lots and Easements. In the1 o 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
20 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
23 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
24 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
27 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
PCRESONO. 6410 -7-
pay such invoice in full within the time specified, the City will pursue collection
2 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
3 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
4 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
6 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
7 the Project for an equal pro rata 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
9 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
10 actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
1 * accordance with the procedures set forth in Article of this Declaration.
12 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
13 owner landscape maintenance responsibilities shall be as set forth in Exhibit " "
14 f. The intended use of the garages is for the parking of a resident's vehicles.
Garages are not intended to be used for storage which would preclude the
parking of the resident's vehicles.
16
18. This project is being approved as a condominium permit for residential homeownership
17 purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
° requirement.
19 19. Prior to issuance of building permits, the Developer shall submit to the Planning Director
20 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.
21
20. 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
23 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
24 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.
26 21. The project site is located in an area that may contain soil material that is suitable for
27 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
28 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
PCRESONO. 6410 -8-
materials suitability for sand replenishment pursuant to the requirements of the COBFP.
2 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
3 material on the beach site identified in the COBFP.
^ Engineering:
General
6
22. Prior to hauling dirt or construction materials to or from any proposed construction site
7 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.o
9 23. 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
10 the private improvements such as storm drain facilities and storm water Best
Management Practice facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
12 subdivision.
13 24. There shall be one Final Map recorded for this project.
14 Fees/Agreements
25. Developer shall cause property owner to execute and submit to the City Engineer for
16 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
17 26. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.18
19 27. 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
20 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
21 additional Street Lighting and Landscaping District. Said written consent shall be on a
~~ form provided by the City Engineer.
23 Grading
24 28. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
26 the project.
27 29. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the current City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant
to best management practices as referenced in the "California Storm Water Best
PCRESONO. 6410 -9-
Management Practices Handbook" to reduce surface pollutants to an acceptable level
2 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
3 limited to notifying prospective owners and tenants of the following:
^ A. 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.
6
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
7 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,
9 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
10 containers.
11 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
, 2 when planning any changes to the landscaping and surface improvements.
13 30. 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)."
14 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2007-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
16 Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
17 project. At a minimum, the SWMP shall:
1R0 a. Identify existing and post-development on-site pollutants-of-concern.
19 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
20 could be impacted by this project.
21 c. Incorporate Low Impact Development in the project design.
22 d. Recommend source controls and treatment controls that will be implemented with this
23 project to avoid contact or filter said pollutants from storm water to the maximum extent
practicable before discharging offsite.
24
e. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to resident education on the proper procedures
26 for handling cleanup and disposal of pollutants.
27 f. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
28 g. Identify how post-construction runoff rates and velocities from the site will not exceed
the pre-construction runoff rates and velocities to the maximum extent practicable.
PCRESONO. 6410 -10-
31. Developer shall cause property owner to process, execute and submit an executed copy to
2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
3 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
Dedications/Improvements
6
32. Developer shall execute a City standard Subdivision Improvement Agreement to install
' and secure with appropriate security as provided by law, public improvements shown on
„ the tentative map. These improvements include, but are not limited to paving, base,
sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or
9 relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage
structures, best management practices for storm water treatment, retaining walls. Said
10 improvements shall be installed to City Standards to the satisfaction of the City Engineer.
More specifically, these improvements include:
j2 a) Full half width improvements of Chestnut Avenue, along the project frontage,
twenty feet from curb to centerline, including but not limited to driveways, paving,
13 curb and gutter, sidewalk, under grounding or relocation of utilities water & sewer
services, drainage structures, all necessary transitions to existing improvements as
*4 shown on Tentative Parcel Map.
(A list of the above shall be placed on an additional map sheet on the Final Map per the
16 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
17 improvement agreement or such other time as provided in said agreement.
18 33. Prior to issuance of building permits, Developer shall underground all existing overhead
19 utilities along project boundary.
20 Final Map Notes
21 Add the following notes to the final map as non-mapping data.
22 34. All improvements are privately owned and are to be privately maintained with the
23 exception of the following:
24 a) Full half width improvements of Chestnut Avenue along the project frontage,
twenty feet from curb to centerline, including but not limited to driveways, paving,
curb and gutter, sidewalk, under grounding or relocation of utilities water & sewer
26 services, drainage structures, all necessary transitions to existing improvements as
shown on Tentative Parcel Map.
27
35. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
PCRESONO. 6410 -11-
36. The owner of this property on behalf of itself and all of its successors in interest has
2 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
3 or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the City approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
c identified in the City approved development plans.
6 37. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards.
8 Utilities
9
38. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
10 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.
13 39. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
14 Authority capacity charge(s) prior to issuance of Building Permits.
40. The Developer shall install potable water and recycled water services and meters at a
16 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
17
41. 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.
20 42. The design and operation of the proposed water system shall comply with the
following:21
a. A sub-meter shall be installed for each individually owned unit.
b. Wording within CC&Rs related to water meters cannot be changed without the
23 approval of the City Engineer.
c. Prior to sale of any unit, the owner shall create an impound account to be
24 funded with an amount equal to an estimated three months of water bill
payments.
d. Owners and tenants of the units shall be notified that the City may shutoff water
service to the entire building if adequate payment of the water bill is not made.
27
28
PCRESONO. 6410 -12-
1 Fire:
2 43. The applicant shall prepare and provide for Fire Department approval a "Maintenance
3 Agreement" that provides for the maintenance and repair of the fire sprinkler system and
its appurtenances.4
e- 44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
6
Code Reminders:
7
45. 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.
9 46. Developer shall pay a landscape plan check and inspection fee as required by Section
10 20.08.050 of the Carlsbad Municipal Code.
47. Approval of this request shall not excuse compliance with all applicable sections of the
, 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
13
48. The tentative map shall expire two years from the date on which the Planning
14 Commission voted on the application.
49. Developer shall pay the Agua Hedionda Local Drainage Area Fee prior to approval of the
16 Final Map.
17 50. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of
, o the City Engineer.
20 51. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Site Plan are for planning purposes only. Developer shall pay traffic impact and
21 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
23 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
25 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
26
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
2' 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
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follow that procedure will bar any subsequent legal action
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to
DOES NOT APPLY to water and sewer connection fees
zoning, grading, or other similar application processing or
to attack, review, set aside, void, or
protest the specified fees/exactions
and capacity charges, nor planning,
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 April 16, 2008, by the following vote,
to wit:
AYES: Commissioners Baker, Cardosa, Dominguez, Douglas,
Montgomery, and Chairperson
NOES:
ABSENT: Commissioner Boddy
ABSTAIN:
-g _.
sfa*U3%<r&s£
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
o*4* s by
DON NEU
Planning Director
PCRESONO. 6410 -14-
Whitton