HomeMy WebLinkAbout1999-08-04; Planning Commission; Resolution 45960 0
1 II PLANNING COMMISSION RESOLUTION NO. 4596
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFOFNIA, APPROVING
SUBDIVISION OF 16 CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED SOUTH OF
GIBRALTAR STREET NEAR THE INTERSECTION OF JEREZ
COURT IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA FAIRWAY VILLAS
CASE NO.: CT 99-07
CARLSBAD TRACT CT 99-07 TO ALLOW THE AIRSPACE
* ll WHEREAS, Darling Pacific Builders, “Developer”, has filed a
9 11 application with the City of Carlsbad regarding property owned by Stanley P. Millan, “
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described as
Lots 399,400, and 401 of La Costa South unit No. 5, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 6600, filed in the Office of the
County Recorder of San Diego County, March 10,1970
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentati
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Map as shown on Exhibit(s) “A” - “P” dated August 4, 1999, on file in the Planning De]
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Municipal Code; and l9
LA COSTA FAIRWAY VILLAS - CT 99-07, as provided by Title 20 of the (
WHEREAS, the Planning Commission did, on the 4th day of August, 19
I1 a duly noticed public hearing as prescribed by law to consider said request; and
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23 II WHEREAS, at said public hearing, upon hearing and considering all te
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 26
relating to the Tentative Tract Map. 25
and arguments, if any, of persons desiring to be heard, said Commission considered a1
27 11 Commission of the City of Carlsbad as follows:
28 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Corn
APPROVES LA COSTA FAIRWAY VILLAS - CT 99-07 based
following findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdi
conditioned, is consistent with and satisfies all requirements of the General I
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in
project is consistent with all Title 20 and 21 regulations governing
subdivisions and the design of multi-family condominiums.
2. That the proposed project is compatible with the surrounding existing land u;
surrounding properties are also designated for Residential High (RH)
development on the General Plan and are developed with higher density mu1
development similar to the project.
3. That the site is physically suitable for the type and density of the development
site is adequate in size and shape to accommodate residential development at th
proposed, in that all required development standards and design criteria req
the applicable zoning ordinances are incorporated into the project without
for variances from development standards.
4. That the design of the subdivision or the type of improvements will not con
easements of record or easements established by court judgment, or acquire
public at large, for access through or use of property within the proposed subdi
that the project has been designed and conditioned such that there are no
with any established easements.
5. That the property is not subject to a contract entered into pursuant to t
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future p
natural heating or cooling opportunities in the subdivision, in that the projec
along with the dominant western wind patterdradiation patterns will allow
heating and cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing
by this subdivision, the housing needs of the region, and balanced those housi
against the public service needs of the City and available fiscal and envir
resources.
8. That the design of the subdivision and improvements are not likely to cause SI
environmental damage nor substantially and avoidably injure fish or wildlift
habitat, in that the project site has been previously graded and is surrou
existing development.
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9. That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the p
served by existing storm drain and sewer collection facilities. The pl
conditioned to comply with the National Pollution Discharge Elimination
(NPDES) Standards to prevent any discharge violations.
10. The Planning Commission finds that the project, as conditioned herein for CT
in conformance with the Elements of the City’s General Plan, based on the follo\;c
A. Land Use - The project is consistent with the City’s General Plan 5
proposed density of 13.5 ddacre is within the density range of 15 - 23
specified for the site as indicated on the Land Use Element of the Gene
and is at or below the growth control point of 19 du/acre.
B. Circulation - The project is served by an existing fully improved publi
Gibraltar Street, which operates at acceptable levels. Onsite cir
consists of two private driveways which provide access to 16 garages
designed in accordance with City standards.
C. Noise - The project is consistent with the 60 dBA exterior CNEL and
interior CNEL noise standard.
D. Housing - The project will contribute its 15% inclusionary
requirement through the purchase of 2.8 credits in the Villa Loma afl
housing project.
11. That the project is consistent with the Housing Element of the General Plan in
multi-family project contributes to the City’s goal for diverse housing oppor
and the Inclusionary Housing Ordinance as the Developer has been conditioned
into an Affordable Housing Agreement to purchase 2.8 housing credits in tl
Loma affordable housing project.
12. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
A. The project has been conditioned to ensure that the final map will not be a
unless the City Council finds that sewer service is available to serve the
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cannc
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemer
General Plan have been met insofar as they apply to sewer service for this
B. The project has been conditioned to provide proof from the Encinitas a
Dieguito Union School Districts that the project has satisfied its oblig:
school facilities.
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C. Park-in-lieu fees are required as a condition of approval.
D. All necessary public improvements have been provided or are req
conditions of approval.
E. The developer has agreed and is required by the inclusion of an ap:
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
13. The project has been conditioned to pay any increase in public facility fee:
construction tax, or development fees, and has agreed to abide by any a
requirements established by a Local Facilities Management Plan prepared pu
Chapter 2 1.90 of the Carlsbad Municipal Code. This will enswe continued avail
public facilities and will mitigate any cumulative impacts created by the project.
14. This project has been conditioned to comply with any requirement approved as p;
Local Facilities Management Plan for Zone 6.
15. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditic
the approval of this proposed major subdivision must be met prior to appr
final map.
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Tentative Tract Map (CT 99-07) document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any 1
development different from this approval, shall require an amendment to this app
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3 The Developer/Operator shall and does hereby agree to indemnify, protect, del
hold harmless the City of Carlsbad, its Council members, officers, employees, agl
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from City’s approval or issuance of any pennit or action,
discretionary or non-discretionary, in connection with the use contemplated herei
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar COI
Tentative Map as approved by the final decision making body. The Tentat
shall reflect the conditions of approval by the City. The Map copy shall be sub:
the City Engineer and approved prior to building, grading, final map, or imp1
plan submittal, whichever occurs first.
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5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving (resolution(s) on a 24” x 36” blueline l
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devz
Permit and signed approved site plan.
6. The final map shall not be approved unless the City Council finds as of the timt
approval that sewer service is available to serve the subdivision.
7. Building permits will not be issued for development of the subject propert
assurances of the availability of sewer facilities have been given by the Leucadia
Water District in writing.
8. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any devc
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Tv
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill the developer’s agreement to pay the public
fee dated September 14, 1998, a copy of which is on file with the City Cler
incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
14 9. Prior to the issuance of a building permit, the Developer shall provide pro(
school facilities. 15 Director from the School District that this project has satisfied its obligation to
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10. The developer shall post a sign in the sales office in a prominent location that I
which special districts and school district provide service to the project. Said s
remain posted until ALL of the units are sold.
1 1. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 6 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limite
following:
A. Zone 6 Growth Management Fee: $3 10.00/unit
12. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this rz
housing project are challenged this approval shall be suspended as pro.
Government Code Section 66020. If any such condition is determined to be in1
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
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28 CP 99-09 and HDP 99-05.
13. Approval of CT 99-07 is granted subject to the approval of CP 99-09 and HD
CT 99-07 is subject to all conditions contained in Resolutions No. 4597 and
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I I 14. This project is being approved as an air space condominium. There will be no ir
ownership of land. A note to this effect shall be placed on the final map with 1
wording to the satisfaction of the Planning Director.
15. The Developer shall establish a homeowner’s association and corresponding cc
conditions and restrictions. Said CC&Rs shall be submitted to and approve1
Planning Director prior to final map approval. Prior to issuance of a building pt
Developer shall provide the Planning Department with a recorded copy of thc
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
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A. General Enforcement bv the City. The City shall have the right, bul
obligation, to enforce those Protective Covenants set forth in this Decla
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements
event that the Association fails to maintain the “Common Area Lots ar
Association’s Easements” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the n
maintenance. If the City elects to perform such maintenance, the City SI
written notice to the Association, with a copy thereof to the Owners in the
setting forth with particularity the maintenance which the City finds to be
and requesting the same be carried out by the Association within a period
(30) days from the giving of such notice. In the event that the Associatiol
carry out such maintenance of the Common Area Lots and/or Asso
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be en1
reimbursement with respect thereto from the Owners as provided herein.
C. SPecial Assessments Levied bv the City. In the event the City has perf01
necessary maintenance to either Common Area Lots and/or Asso
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area :
or Association’s Easements. The City shall provide a copy of such in
each Owner in the Project, together with a statement that if the Associatior
pay such invoice in full within the time specified, the City will pursue c(
against the Owners in the Project pursuant to the provisions of this Sectic
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoic
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the an
the invoice. Thereafter the City may pursue collection from the Associ
means of any remedies available at law or in equity. Without limi
generality of the foregoing, in addition to all other rights and remedies 2
to the City, the City may levy a special assessment against the Owners off
in the Project for an equal prorata share of the invoice, plus the late charg
special assessment shall constitute a charge on the land and shall be a eo
lien upon each Lot against which the special assessment is levied. Each C
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the Project hereby vests the City with the right and power to levy sucl
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any OP
hisher respective Lot for purposes of collecting such special asses!
accordance with the procedures set forth in Article of this Decla.
D. Landscape Maintenance Responsibilities. The HOA’s and individual IC
owner landscape maintenance responsibilities shall be as set forth in Exhi
E. Garayes: Garages are provided for the purpose of parking
Incidental storage within the garage shall be located so that it t
interfer with the two required vehicle parking spaces.
16. This project is being approved as a condominium permit for residential homeo
purposes. If any of the units in the project are rented, the minimum time incre
such rental shall be not less than 26 days. The CC&Rs for the project shall inc
requirement.
17. The developer shall submit to the Planning Director a recorded copy of the Cond
Plan which is in conformance with the City approved documents and exhibits.
18. Prior to the issuance of the grading permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sa1
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Tentative Tract Map (CT 99-07) by Resolution 1
on the real property owned by the Developer. Said Notice of Restriction shall
property description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions specified for inc
the Notice of Restriction. The Planning Director has the authority to execute a]
an amendment to the notice which modifies or terminates said notice upon a sh
good cause by the Developer or successor in interest.
19. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w
pursuant to City standards. Location of said receptacles shall be approve1
Planning Director. Enclosure shall be of similar colors and/or materials to the 1
the satisfaction of the Planning Director.
20. The Developer shall prepare a detailed landscape and irrigation plan in conform:
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pri
approval of the final map, grading permit, or building permit, whichever occurs j
Developer shall construct and install all landscaping as shown on the approved y
maintain all landscaping in a healthy and thving condition, free from weeds, t
debris.
21. The first submittal of detailed landscape and irrigation plans shall be accompani
project’s building, improvement, and grading plans.
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22. Building permits will not be issued for this project unless the local agency I
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the proj
time of the application for the building permit, and that water and sewer cap;
facilities will continue to be available until the time of occupancy.
23. Prior to the approval of the final map for any phase of this project, or where a n
being processed, prior to the issuance of building permits for any lots or L
Developer shall enter into an Affordable Housing Agreement with the City to 1
and deed restrict 2.8 dwelling units in the Villa Loma Apartment project as x
to lower-income households for the useful life of the dwelling units, in accorda
the requirements and process set forth in Chapter 21.85 of the Carlsbad Municir
The draft Affordable Housing Agreement shall be submitted to the Planning
concurrent with final map submittal. The recorded Affordable Housing A;
shall be binding on all future owners and successors in interest.
24. Except for retaining walls approved as part of the residential structures, r
walls shall not exceed 6’ in height from top of wall to bottom of wall.
Enyineering:
25. Prior to issuance of any building permit, the developer shall comply 1
requirements of the City’s anti-graffiti program for wall treatments if and whe
program is formally established by the City.
26. There shall be one final subdivision map recorded for this project.
27. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees &om any claim, action or proceeding against the City or its
officers, or employees to attack, set aside, void or null an approval of the C
Planning Commission or City Engineer which has been brought against the Cit:
the time period provided for by Section 66499.37 of the Subdivision Map Act.
28. The developer shall provide an acceptable means for maintaining the private ea
within the subdivision and to distribute the costs of such maintenance in an e
manner among the owners of the properties within the subdivision. Adequate p
for such maintenance shall be included with the CC&Rs subject to the approv:
City Engineer.
29. All concrete terrace drains shall be maintained by the homeowner’s associatio
commonly owned property) or the individual property owner (if on an indi
owned lot). An appropriately worded statement clearly identifying the respo
shall be placed in the CC&Rs and shall be noted on the Final Map.
30. Prior to hauling dirt or construction materials to or from any proposed constmc
within this project, the developer shall submit to and receive approval from 1
Engineer for the proposed haul route. The developer shall comply with all condit:
requirements the City Engineer may impose with regards to the hauling operation.
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31. Rain gutters must be provided to convey roof drainage to an approved drainage (
street to the satisfaction of the City Engineer.
32. The developer shall install sight distance corridors at all street intersections in ac
with Engineering Standards and shall record the following statement on the Fj
(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. The
underlying property owner shall maintain this condition."
FeedAPreements
33. The developer shall pay all current fees and deposits required.
34. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
Grading
35. Based upon a review of the proposed grading and the grading quantities show
tentative map, a grading permit for this project is required. (the developer mu:
and receive approval for grading plans in accordance with city codes and standa
to issuance of a building permit for the project.)
36. No grading for private improvements shall occur outside the limits of the SUI
unless a grading or slope easement or agreement is obtained from the ownel
affected properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develo
either amend the tentative map or modify the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved tentativc
determined by the City Engineer and Planning Director.
Dedications/Improvements
37. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be re(
the City Engineer.
38. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall prot
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to (
to sensitive areas. Plans for such improvements shall be approved by the City I
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Said plans shall include but not be limited to notifying prospective owners and tt
the following:
A. All owners and tenants shall coordinate efforts to establish or w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, m(
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
fluids shall not be discharged into any street, public or private, or into sto
or storm water conveyance systems. Use and disposal of pesticides, fix
herbicides, insecticides, fertilizers and other such chemical treatments st
Federal, State, County and City requirements as prescribed in their rc
containers.
C. Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements.
39. Prior to final map approval the Owner and Developer shall execute an ag
holding the City harmless for geologic failure.
40. The applicant shall place the following note(s) on a non-mapping data sheet of
map:
Geotechnical Caution:
A. Slopes steeper than two parts horizontal to one part vertical exist wi
boundaries of this subdivision.
B. The owner of this property on behalf of itself and all of its successors in
has agreed to hold harmless and indemnify the City of Carlsbad from an
that may arise through any geological failure, ground water seepage
subsidence and subsequent damage that may occur on, or adjacent
subdivision due to its construction, operation or maintenance.
Water:
41. The Developer shall provide detailed information to the District Engineer regardir
demand, imgation demand, fire flow demand in gallons per minute, and projectc
flow in million gallons per day.
42. The entire potable water system, recycled water system and sewer system E
evaluated in detail by Developer and District Engineer to ensure that adequate c
pressure and flow demands can be met.
43. . All District pipelines, pump stations, pressure reducing stations and appurt
required for this project by the District shall be within public right-of-way 01
easements granted to the District or the City of Carlsbad.
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44. Sequentially, the Developer’s Engineer shall do the following:
B. Prepare and submit a colored recycled water use area map and submit thj 4
A. Meet with the City Fire Marshal and establish the fire protection requiren:
5 the Planning Department for processing and approval by the District Engi
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C. Prior to the preparation of sewer, water and recycled water improveme
the Developer shall submit preliminary system layouts to the District En&
review, comment and approval.
45. The following note shall be placed on the final map. “The project is approved
expressed condition that building permits will not be issued for developmer
subject property unless the District serving the development has adequate w
sewer capacity available at the time development is to occur, and that such u
sewer capacity will continue to be available until time of occupancy.’’
46. The final position and location of the water meters shall be approved
Carlsbad Municipal Water District. Any water meter placed outside
“General Access and Utility Easement” shall be contained within a I
easement dedicated to the Carlsbad Municipal Water District.
Fire:
47. All buildings over two stories in height and classified as R-1 Occupancies
protected by automatic fire sprinklers. Plans and/or specifications for fire alarm
and automatic fire sprinkler systems shall be submitted to the Fire Departr
approval prior to construction.
General
48. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modi@ all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti;
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City’s app
this tentative map and condominium permit.
Code Reminder
49. The Developer shall pay park-in-lieu fees to the City, prior to the approval of 1
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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II e e ’ 50. The Developer shall pay a landscape plan check and inspection fee as required b
2 20.08.050 of the Carlsbad Municipal Code.
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5 1. The project is subject to all applicable provisions of local ordinances, includiq
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accordance with the Carlsbad Municipal Code and the City Engineer. 6
limited to the following:
The developer shall exercise special care during the construction phase of th
to prevent of-site siltation. Planting and erosion control shall be pro
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The tentative tract map approval shall expire twenty four (24) months from
of the Resolution containing the final decision for tentative tract map appro%
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52. All roof appurtenances, including air conditioners, shall be architecturally integ
concealed from view and the sound buffered from adjacent properties and s1
substance as provided in Building Department Policy No. 80-6, to the satisfactit
Directors of Community Development and Planning.
53. Approval of this request shall not excuse compliance with all applicable sectioI
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
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55. The Developer shall be responsible for all fees, deposits and charges which 16
Department.
17 collected before and/or at the time of issuance of the building permit. The SE
County Water Authority capacity charge will be collected at issuance of applic
18 any meter installation.
19 Final Map Notes
54. All landscape and imgation plans shall be prepared to conform with the Ll
Manual and submitted per the landscape plan check procedures on file in the i
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The Developer shall provide the following note on the final map of the subdivision a
mylar of this development submitted to the City:
56. a. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth Man
Control Point for each General Plan land use designation. Developmen
exceed the Growth Control Point except as provided by Chapter 21.90. The
designation for this development is RH (Residential High) - 19 dwelling 1
non-constrained acre.
b. “Prior to issuance of a building permit for any buildable lot within the sub(
the Developer shall pay a one-time special development tax in accordance 7
City Council Resolution No. 9 1-39.”
c. The project shall comply with the latest non-residential disabled access requi
pursuant to Title 24 of the State Building Code.
PC RES0 NO. 4596 -12-
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d. Prior to occupancy of the first dwelling unit the Developer shall provide all
passive and active recreational areas per the approved plans, including lan
and recreational facilities.
e. The entire drainage system including concrete terrace drains and th
structures are considered private and shall be maintained in perpetuit
condominium homeowners association.
f. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches a1
street level may be placed or permitted to encroach within the area identii
sight distance comdor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall maintain this co:
g. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for convenic
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexact
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection v
project; NOR DOES IT APPLY to any feedexactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the j
Commission of the City of Carlsbad, California, held on the 4th day of August 1995
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure1
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4596 -14-