HomeMy WebLinkAbout2007-12-19; Planning Commission; Resolution 6367PLANNING COMMISSION RESOLUTION NO. 6367
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A.
TENTATIVE TRACT MAP TO SUBDIVIDE A 20.59-ACRE
3 SITE CURRENTLY APPROVED FOR NINE
NONRESIDENTIAL BUILDINGS INTO 9 AIRSPACE
4 NONRESIDENTIAL CONDOMINIUMS ON PROPERTY
5 GENERALLY LOCATED ALONG THE NORTH SIDE OF
PALOMAR AIRPORT ROAD BETWEEN EAGLE DRIVE AND
6 MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 18.
7 CASE NAME: PALOMAR FORUM LOTS 1, 2 & 8
. CASE NO.: CT06-118
9 WHEREAS, Hofman Planning & Engineering, "Applicant," has filed a
10 verified application with the City of Carlsbad regarding property owned by Palomar Forum
Associates, LP, "Owner," described as
12 Lots 1, 2, and 8 in Carlsbad Tract 99-06, Palomar Forum, in
13 the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 14831, filed in the office of the
14 County Recorder of San Diego County on June 29, 2004,
together with Tiger Run Court, vacated per STV 05-01 by
resolution No. 2006-276 of the Carlsbad City Council on
16 September 19, 2006 and recorded in the office of the County
Recorder of San Diego County on September 27, 2006 as
17 document No. 2006-0688403
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Tentative Tract
20
Map as shown on Exhibits "A" - "I" dated December 19, 2007, on file in the Planning
21
22 Department, PALOMAR FORUM LOTS 1, 2 & 8- CT 06-11, as provided by Chapter 20.12
23 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on the 19th day of December, 2007,
25 hold a duly noticed public hearing as prescribed by law to consider said request; and
26
WHEREAS, at said public hearing, upon hearing and considering all testimony
27
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
28
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
B) That based on the evidence presented at the public hearing, the Commission
APPROVES PALOMAR FORUM LOTS 1, 2 & 8- CT 06-11, based on the
following findings and subject to the following conditions:
Findings;
1. 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
10 Subdivision Map Act, and will not cause serious public health problems, in that the
proposed subdivision complies with all minimum requirements of Title 20 and has
been designed to comply with the Nonresidential Planned Development Ordinance,
and the Planned Industrial (P-M) Zone development standards.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Planned Industrial (PI) development on the
14 General Plan, and in some cases already have been developed as such.
15 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 industrial and office development, in
that the project complies with all development standards and public facilities
j 7 requirements without the need for variances from the development standards.
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
19 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.
21 5. That the property is not subject to a contract entered into pursuant to the Land
22 Conservation Act of 1965 (Williamson Act).
23 6. The Planning Director has determined:
24 a. That the project is a project for which a Mitigated Negative Declaration was
» - previously adopted [ 15162].
b. This project is consistent with the project/plan cited above.
27 c. Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program GPA 01-07/ZC 01-06/CT 99-06/HDP 99-03/PIP 01-03 - Palomar
28 Forum was adopted in connection with the prior project or plan.
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d. The project has no new significant environmental effect not analyzed as
2 significant in the prior Mitigated Negative Declaration.
3 e. None of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
4 15163 exist.
7. That the design of the subdivision provides, to the extent feasible, for future passive or
,- natural heating or cooling opportunities in the subdivision, in that the structures are
oriented in a manner that allows for adequate building separations to allow for solar
7 exposure and to take advantage of prevailing breezes.
8 8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is developed (graded or buildings under construction) and no
I A natural resources exist on the site.
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
12 been designed in accordance with, and conditioned to comply with, the National
Pollution Discharge Elimination System Standards to prevent any discharge
violations.
14 10. The Planning Commission finds that the project, as conditioned herein, is in
15 conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated December 19,2007, including, but not limited to, the following:
16
a. Land Use - The proposed office/industrial uses are consistent with the
Planned Industrial (PI) General Plan Land Use and Planned Industrial
. 0 (P-M) Zoning designations for the site.lo
19 b. Circulation - All the public infrastructure necessary to serve the project will
be constructed in accordance with City standards.
20
c. Noise - The project is not significantly impacted by roadway noise from
Palomar Airport Road or noise from the operation of McClellan-Palomar
22 Airport.
23 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 18, and all City public facility policies and
24 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
~s 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.
27 Specifically,
28 a. The project has been conditioned to provide proof from the Carlsbad School
District that the project has satisfied its obligation for school facilities.
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12. The project has been conditioned to pay any increase in public facility fee, or new
2 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
3 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.4
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 18.
14. That all necessary public facilities required by the Growth Management Ordinance will
7 be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards.
8
15. The Planning Commission has reviewed each of the exactions imposed on the Developer
" contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
11
Conditions;
12
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
14 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
15 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
18 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
19 or a successor in interest by the City's approval of this Tentative Tract Map.
70 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
22 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
23
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.
25
4. If any condition for construction of any public improvements or facilities, or the payment
26 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
28 unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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
r nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 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
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.o
9 6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
10
7. 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
j2 obligation to provide school facilities.
13 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 18 Local Facilities Management Plan and any amendments made to
14 that Plan prior to the issuance of building permits.
9. The Final Map will not be approved for this project unless the local agency providing
16 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
17 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.
19
10. Developer shall establish an owner's association and corresponding covenants,
20 conditions, and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. The CC&Rs shall adequately
21 address maintenance of all common landscape areas, employee eating areas, and
22 paved access and parking areas. Prior to recordation of the final map, the Developer
shall provide the Planning Department with a draft copy of the CC&Rs. The approved
23 CC&Rs shall be recorded concurrently with the final map. At a minimum, the
CC&Rs shall contain the following provisions:
24
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
26 of, or in which the City has an interest.
27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
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c. Failure of Association to Maintain Common Area Lots and Easements. In the event
2 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
3 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
e 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
6 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
7 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.
9
d. Special Assessments Levied by the City. In the event the City has performed the
10 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 the1111 City to perform such maintenance of the Common Area Lots and or Association's
j2 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
13 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
14 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
16 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
17 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
1 ° against the Owners of each Lot in the Project for an equal prorata share of the invoice,
i o 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
20 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
21 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.
23
e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
24 landscape maintenance responsibilities shall be as set forth in Exhibits "FF" through
"OO" of PIP 05-05.25
2£ f. The location and size of all employee eating areas, parking areas, and
landscaped areas within the project, as shown on Exhibits "A - I" of CT 06-11,
27 shall not be altered, reduced, fenced, or divided to preclude the equal use by all
owners/employees of the site.
28
PC RESO NO. 6367 -6-
1 - The project as shown on Exhibits "A" - "I" of CT 06-11, shall not be altered,
2 reduced, fenced, or divided to preclude the equal use by all owners/employees of
the site.
3
11. This approval is granted subject to the approval of PUD 06-10 and is subject to all
conditions contained in Planning Commission Resolution No. 6368 for that other
5 approval incorporated herein by reference.
6 12. 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
Tentative Tract Map and Nonresidential Planned Development Permit by
Resolutions No. 6367 and 6368 on the property. Said Notice of Restriction shall note the
9 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
10 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.
12 13. Prior to recordation of the Final Map, a joint use parking agreement shall be
13 submitted for review and approval by the Planning Director, the City Engineer, and
the City Attorney. The agreement shall provide for the following:
A. The sharing in perpetuity of all parking and access aisles/driveways onsite,
, r and between all the uses proposed for this project.
B. The agreement shall not be modified without the prior written approval of
16 the Planning Director, the City Engineer, and the City Attorney.
C. A copy of the joint use parking agreement shall be recorded in the Office of
the County Recorder and copies filed with the Planning Director prior to
recordation of a Final Map for the project.1 o
1 „ 14. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
20 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
21 satisfaction of the Planning Director.
22 15. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
23 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
24 approved plan.
16. All lighting shall be designed to reflect downward and avoid any impacts on adjacent
~ fi homes or property.
27 17. Tenant improvements for this project are only permitted if the parking provided
complies with City ordinance parking requirements (CMC Chapter 21.44) for the
28 mix of uses proposed (office/manufacturing/warehouse). This condition shall be
included in the Notice of Restriction in Condition 12 of this permit approval.
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Engineering:
2
General
3
18. 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 format, latest version)
i- reflecting the conditions approved by the final decision making body and any applicable
coastal commission approvals. The reproducible shall be submitted to the City engineer,
6 reviewed and, if acceptable, signed by the City's project engineer and project planner
prior to submittal of the building plans, final map, improvement or grading plans,
7 whichever occurs first. The digital file copy shall be submitted in a format as approved by
the City Engineer.
8
9 19. 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 (e.g. streets, driveways, sidewalks, street lights, water quality
and storm drain facilities, etc.) located therein and to distribute the costs of such1111 maintenance in an equitable manner among the owners of the properties within the
, ~ subdivision.
13 20. There shall be one Final Map recorded for this project.
14
21. Developer shall install sight distance corridors at all street and driveway intersections in
1 -* accordance with Engineering Standards and shall record the following statement on the
, 6 Final Map (and in the CC&Rs).
17 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
18 corridors. No obstructions shall impede nor conflict with the line-of-sight which
is established per City Standard Public Street-Design Criteria, Section 8.B.I. The
sight line is depicted on the tentative map and also applies to driveways. The
20 underlying property owner shall maintain this condition."
21 The limits of these sight distance corridors shall be reflected on all improvement, grading,
or landscape plans prepared in association with this development.
93 Fees/Agreements
24 22. 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
25 drainage across the adjacent property.
26 Grading
27
23. Based upon a review of the proposed grading and the grading quantities shown on the
28 Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
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Dedications/Improvements
2 24. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
3 other appropriate entities for all easements shown on the Tentative Map. The offer shall
be made by a certificate on the final map and/or by separate document. All land so offered
shall be offered free and clear of all liens and encumbrances and without cost. Streets that
<- already public are not required to be rededicated.
6 25. 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
7 with any grading or building permit.
8
26. Developer shall provide the design of all private streets and drainage systems to the
9 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
11 standard improvement plan check and inspection fees.
12 27. Developer shall execute and record a City standard Subdivision Improvement Agreement
13 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
14 to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire
-1 hydrants, street lights, water quality treatment facilities and reclaimed water, to City
, /- Standards to the satisfaction of the City Engineer. The improvements are:
17 a) Onsite improvements including but not limited to sewer, water,
recycled water, storm drain, water quality treatment facilities, and
18 access as shown on the Tentative Map.
19 b) Water Quality treatment systems and additional structural BMP
20 devices as required to comply with the current City of Carlsbad
Standard Urban Stormwater Mitigation Plan (SUSMP).
21
c) Future access as shown on the Tentative Map for Lot 3 of Map 14831,
including but not limited to sewer, water, recycled water, drainage
23 facilities, AC Pavement, Curb, Gutter & sidewalk and access ramps at
the curb returns. Improvements identified in this condition shall be
24 extended to the property lines of Vacated Tiger Run Court.
25 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 improvement
27 agreement or such other time as provided in said agreement.
28 28. Prior to approval of the Final Map for this subdivision, the developer shall provide
evidence that the backbone infrastructure (CT 99- 06 and LFMP Zone 18) has been
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designed, constructed and accepted by the City of Carlsbad for public use, or
2 guaranteed and secured by an agreement or bond to the satisfaction of the City
Engineer. A note to this effect shall be placed on the Final Map.
3
29. Developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit and the City's Standard Urban
r Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements
constructed pursuant to best management practices as referenced in the "California
6 Storm Water Best Management Practices Handbook" to reduce surface pollutants
to an acceptable level prior to discharge to sensitive areas. Plans for such
7 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:
9
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.
12 B. 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
15 Federal, State, County and City requirements as prescribed in their respective
containers.
16
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
18
30. Prior to the issuance of grading permit or building permit, whichever occurs first,
19 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
22 the project.
23 31. 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
25 Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
26 Municipal 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 project. At a minimum, the SWMP shall:
28 a. Identify existing and post-development on-site pollutants-of-concern.
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b. Identify the hydrologic unit this project contributes to and impaired water bodies that
2 could be impacted by this project.
c. Identify all site design BMPs incorporated into the design of the project.
3 c. 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
4 extent practicable before discharging offsite;
r d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on
6 the proper procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
7 f. 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.
9
32. Developer shall cause property owner to process, execute and submit an executed copy to
10 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a final map, whichever occurs first for this Project.
13
Final Map Notes
14
Developer shall or cause to be added the following notes to the final map as non-mapping data.
33. All improvements are privately owned and are to be privately maintained with the
exception of the following:
17
a) On-site water system including fire hydrants, water mains, meters and
1 ° appurtenances. Double Detector Check Valves are considered private.
19 34. This project is approved upon the express condition that building permits will not be
20 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
21 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data
22
35. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
23 encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards.
25 36. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
26 arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the City approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the City approved development plans.
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1 Water
2
37. The Developer shall design and construct public facilities within public right-of-way
or within minimum 20-foot wide easements granted to the District or the City of
. Carlsbad. At the discretion of the District Engineer, wider easements may be
required for adequate maintenance, access and/or joint utility purposes.
38. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
6 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
39. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
9 Department for processing and approval by the District Engineer.
10 40. The Developer shall install potable water and/or recycled water services and meters at
locations approved by the District Engineer. Each unit within this subdivision shall be
served by a separate water meter. The locations of said services shall be reflected on
12 public improvement plans.
13 41. The Developer shall install sewer laterals and clean-outs at locations approved by the
District Engineer. Each unit within this subdivision shall be served by a separate
sewer lateral and cleanout. The locations of sewer laterals shall be reflected on public
improvement plans.
16 42. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District
Engineer.
10
43. Developer shall evaluate in detail the entire potable water, recycled water, and sewer
19 system to ensure that adequate capacity, pressure, and flow demands can be met to the
satisfaction of the District Engineer.
20
Code Reminders21
~~ The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
23
44. The tentative map shall expire twenty-four (24) months from the date this tentative map
24 approval becomes final.
25 45. The Average Daily Trips (ADT) and floor area contained in the staff report and
26 shown on the tentative map are for planning purposes only. Developer shall pay
traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the
27 City of Carlsbad Municipal Code, respectively.
46. 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
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Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the
City Engineer.
NOTICE
Please take NOTICE that approval of your project includes
reservations, or other exactions hereafter collectively
"fees/exactions."
the "imposition" of fees, dedications,
referred to for convenience as
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
following vote, to wit:
AYES: Commissioners Boddy,
Montgomery, and Whitton
NOES:
ABSENT: Chairperson Baker
ABSTAIN:
^VUA^J) CftJtJ^XUL,
MICHAEL CARDOSA, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
JL7L
DONNEU
Assistant Planning Director
PC RESO NO. 6367 -13-
19th day of December, 2007, by the
Cardosa, Dominguez, Douglas,