HomeMy WebLinkAbout1999-12-14; City Council; Resolution 99-5301
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RESOLUTION NO. 99-530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT
ON PROPERTY GENERALLY LOCATED NORTH OF
MAGNOLIA AVENUE AND WEST OF VALLEY STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: MAGNOLIA GARDENS
CASE NO.: CT 98-1 2
WHEREAS, Pacific Scene Financial, LLC, “Developer”, has filed a ver
application with the City of Carlsbad regarding property owned by Gloria Aguilera Gc
“Owner”, described as
NUMBER CT 98-12 TO SUBDIVIDE 4.93 ACRES INTO 12 LOTS
That portion of Tract 245 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 San
Diego County, December 9,1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative ’
Map as shown on Exhibit(s) “A - “H” dated December 14, 1999, on file in the Plar
Department MAGNOLIA GARDENS - CT 98-12, as provided by Title 20 of the Carl:
Municipal Code; and
WHEREAS, the City Council did, on the 14th day of December 1999, hold a
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testir;
and arguments, if any, of persons desiring to be heard, said Commission considered all fa(
relating to the Tentative Tract Map.
WHEREAS, on the 19th day of May 1999, the Planning Commi:
recommended approval of a 15 lot design of CT 98-12, as described and conditione
Planning Commission Resolution No. 4549;
WHEREAS, the City Council did on July 6, 1999 hold a duly noticed p
hearing as prescribed by law at which it considered the project and directed the City Attornt
return with documents denying without prejudice the Magnolia Gardens Project; and
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WHEREAS the City Council on July 27, 1999 considered a request b
applicant and remanded the project to staff for further processing and to be returned to thc
Council at a future public hearing for consideration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of thl
of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the City Cc
APPROVES MAGNOLIA GARDENS - CT 98-12, based on the following fin1
and subject to the following conditions:
Findinas:
1. That the proposed map and the proposed design and improvement of the subdivisic
conditioned, is consistent with and satisfies all requirements of the General Plan
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, an(
State Subdivision Map Act, and will not cause serious public health problems, in th;
lots being created satisfy all minimum requirements of Title 20 governing lot sizes
configuration and have been designed to comply with all other applicable
regulations.
2. That the proposed project is compatible with the surrounding future land uses !
surrounding properties are designated for Residential Low to Medium Density (F
development on the General Plan, in that this is the same general plan land
designation as the project site and surrounding development is residential or agricul
3. That the site is physically suitable for the type and density of the development sincl
site is adequate in size and shape to accommodate residential development a.
density proposed, in that the project site can accommodate the proposed reside
development while providing all required setbacks and improvements require(
applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conflict
easements of record or easements established by court judgment, or acquired b)
public at large, for access through or use of property within the proposed subdivisic
that the project is designed and conditioned to avoid conflicts with any establi'
easements.
5. That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act).
~ 6. That the design of the subdivision provides, to the extent feasible, for future passic
natural heating or cooling opportunities in the subdivision, in that the 9,045 square
and larger lot sizes allow for a variety of building placement alternatives, inchdins
adequate placement and separation of the future residential units to provide resid
with good air circulation within and surrounding any future residential units to prc
natural heating and cooling opportunities.
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7. That the City Council has considered, in connection with the housing proposed b:
subdivision, the housing needs of the region, and balanced those housing needs ag
the public service needs of the City and available fiscal and environmental resource
8. That the design of the subdivision and improvements are not likely to cause subst,
environmental damage nor substantially and avoidably injure fish or wildlife or
habitat, in that there is no sensitive habitat on the site or offsite which the projet
impact.
9. That the discharge of waste from the subdivision will not result in violation of ex
California Regional Water Quality Control Board requirements, in that the projec
been designed in accordance with the Best Management Practices for water ql
protection in accordance with the City’s sewer and drainage standards and the projt
conditioned to comply with the National Pollution Discharge Elimination Sy
(NPDES) requirements.
IO. The City Council finds that the project, as conditioned herein, is in conformance wit
Elements of the City’s General Plan, based on the facts set forth in the memorandL
the City Council dated December 14, 1999 including, but not limited to the following:
a. Land Use - The project is consistent with the City’s General Plan sinct
proposed density of 2.84 du/acre is within the density range of 0-4 du
specified for the site as indicated on the Land Use Element of the General
and is at or below the growth control point of 3.2 du/acre.
b. Circulation - The circulation system is designed to provide adequate acce
the proposed lots, adjacent properties and complies with all applicable
design standards.
C. Housing - That the project is consistent with the Housing Element of the Gel
Plan and the lnclusionary Housing Ordinance as the Developer has I
conditioned to enter into an Affordable Housing Agreement to construct
second dwelling units and purchase a .I 1 unit credit.
d. Public Safety - Required facilities have been conditioned in addition tc
automatic fire sprinkler systems for the structure to be built on the
panhandle lot.
11. The project is consistent with the City-Wide Facilities and Improvements Pian, the L
Facilities Management Plan for Zone 1 and all City public facility policies
ordinances. The project includes elements or has been conditioned to constru
provide funding to ensure that all facilities and improvements regarding: s
collection and treatment; water; drainage; circulation; fire; schools; parks and (
recreational facilities; libraries; government administrative facilities; and open SF
related to the project will be installed to serve new development prior to or concu
with need.
a. The project has been conditioned to provide proof from the Carl:
Unified School District that the project has satisfied its obligatior
school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 2
and will be collected prior to issuance of building permit.
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C. The Public Facility fee is required to be paid by Council Policy No. 17 will be collected prior to the issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any addit
requirements established by a Local Facilities Management Plan prepared pursua
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as p:
the Local Facilities Management Plan for Zone 1.
14. That the property cannot be served adequately with a public street without panh:
lots due to unfavorable conditions resulting from unusual topography, surrounding
development, or lot configuration, in that the configuration of the property preclude:
placement of a public street in the area where the one panhandle lot is proposed.
proposed panhandle currently exists as part of a larger lot than is being proposed.
15. That subdivision with panhandle lots will not preclude or adversely affect the abili
provide full public street access to other properties within the same block of the su
property, in that the proposed public streets provide access to adjacent properties v
may be subdivided in the future so that additional panhandle lots will not be necess:
16. That the buildable portion of the lots consists of an area of at least 8,000 square
which meets the requirements of Section 21.10.080(d)(l) of the Carlsbad Mun
Code;
17. That the front, sides, and rear property lines, for purposes of determining req
yards, are as shown on Exhibit “B” of the Tentative Map, on file in the Plat
Department.
18. That this project could have a potentially significant negative cumulative traffic impa
the Palomar Airport Road/El Camino Real intersection. However, this project has
conditioned to pay its fair share of the “short-term improvements” thereby, guarantc
implementation of a mitigation measure that reduces the potential impact to a le\
insignificance.
19. The City Council has reviewed each of the exactions imposed on the Deve
contained in this resolution, and hereby finds, in this case, that the exaction:
imposed to mitigate impacts caused by or reasonably related to the project, an(
extent and the degree of the exaction is in rough proportionality to the impact caus
the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval (
final map or issuance of a grading permit whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms,
implemented and maintained over time, if any of such conditions fail to I:
implemented and maintained according to their terms, the City shall have the ri!
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of occur
issued under the authority of approvals herein granted; institute and prosecute litis I
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to compel their compliance with said conditions or seek damages for their violatior
vested rights are gained by Developer or a successor in interest by the City’s app
of this tentative tract map.
Staff is authorized and directed to make, or require the Developer to makt
corrections and modifications to the tentative tract map documents, as necessa
make them internally consistent and in conformity with the final action on the prc
Development shall occur substantially as shown on the approved Exhibits.
proposed development different from this approval, shall require an amendment tc
approval.
The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the pay
of any fees in-lieu thereof, imposed by this approval or imposed by law on this PI
are challenged, this approval shall be suspended as provided in Government t
Section 66020. If any such condition is determined to be invalid this approval sh:
invalid unless the City Council determines that the project without the condition corr
with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defenc
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
and representatives, from and against any and all liabilities, losses, damages, dem:
claims and costs, including court costs and attorney’s fees incurred by the City ari
directly or indirectly, from (a) City’s approval and issuance of this tentative tract mal
City’s approval or issuance of any permit or action, whether discretionary or
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted hereby, inch
without limitation, any and all liabilities arising from the emission by the facili
electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Director a reproducible 24 x 36”, mylar
of the Tentative Map reflecting the conditions approved by the final decision mi
body. The mylar shall be submitted and receive approved prior to grading plan,
map, or improvement plan submittal, whichever occurs first.
Prior to the issuance of a building permit, the Developer shall provide proof tc
Director from the School District that this project has satisfied its obligation to prc
school facilities.
This project shall comply with all conditions and mitigation measures which are req
as part of the Zone 1 Local Facilities Management Plan and any amendments mal
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency pro\
water and sewer services to the project provides written certification to the City
adequate water service and sewer facilities, respectively, are available to the projc
the time of the application for the building permit, and that water and sewer capacit!
facilities will continue to be available until the time of occupancy. A note to this (
shall be placed on the Final Map.
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This approval is granted subject to the approval of the Mitigated Negative Declar;
Mitigation Monitoring and Reporting Program and SDP 98-22 and is subject
conditions contained in the City Council Resolutions for those other approvals.
Building permits will not be issued for this project unless the local agency pro\
water and sewer services to the project provides written certification to the Cio
adequate water service and sewer facilities, respectively, are available to the projc
the time of the application for the building permit, and that water and sewer capacit
facilities will continue to be available until the time of occupancy.
Prior to the approval of the final map for any phase of this project, or where a map i
being processed, prior to the issuance of building permits for any lots or units
Developer shall enter into an Affordable Housing Agreement with the City to providc
deed restrict two second dwelling units (including: Second Dwelling Units on Lots I
8) as affordable to lower-income households for the useful life of the dwelling uni
accordance with the requirements and process set forth in Chapter 21.85 o
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be subn
to the Planning Director no later than 60 days prior to the request to final the map.
recorded Affordable Housing Agreement shall be binding on all future owners
successors in interest.
The Developer shall construct the required inclusionary units concurrent with
project's market rate units, unless both the final decision making authority of the
and the Developer agree within an Affordable Housing Agreement to an alter
schedule for development.
The Developer shall submit and obtain Planning Director approval of a Final Lands
and irrigation Plan showing conformance with the approved Preliminary Landscape
and the City's Landscape Manual. The Developer shall construct and insta
landscaping as shown on the approved Final Plans, and maintain all landscaping
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant tc
landscape plan check process on file in the Planning Department and accompanie
the project's building, improvement, and grading plans.
Prior to the issuance of the grading permit or approval of the final map, Developer
submit to the City a Notice of Restriction to be filed in the office of the County Reco
subject to the satisfaction of the Planning Director, notifying all interested parties
successors in interest that the City of Carlsbad has issued a Tentative Map and
Development Plan by Resolutions No. 99-53mnd99-531 on the real property ob
by the Developer. Said Notice of Restriction shall note the property description, loc
of the file containing complete project details and all conditions of approval as we
any conditions or restrictions specified for inclusion in the Notice of Restriction.
Planning Director has the authority to execute and record an amendment to the n
which modifies or terminates said notice upon a showing of good cause by
Developer or successor in interest.
The Developer shall display a current Zoning and Land Use Map, or an altern2
suitable to the Planning Director, in the sales office at all times. All sales maps tha
distributed or made available to the public shall include but not be limited to trails, ft
and existing schools, parks and streets.
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18. The developer shall post a sign in the sales office in a prominent location that disc1
which special districts and school district provide service to the project. Said sign
remain posted until ALL of the units are sold.
19. Prior to the issuance of building permits for any unit within the project, the Deve
shall apply for and obtain from the Planning Director a Second Dwelling Unit Perm
Section 21 .I 0.01 5 of the Carlsbad Municipal Code for each second dwelling unit.
20. The Developer shall pay its fair share for the “short-term improvements’’ to th
Camino ReaVPalomar Airport Road intersection prior to approval of the final map o
issuance of a grading permit, whichever occurs first. The amount shall be deterrr
by the methodology ultimately selected by Council, including but not limited tc
increase in the city-wide traffic impact fee; an increased or new Zone 1 LFMP fee
creation of a fee or assessment district; or incorporation into a Mello-Roos taxing di:
21. The Developer shall implement, or cause the implementation of, the Magnolia Gar
Project Mitigation Monitoring and Reporting Program.
22. The Developer shall submit a plan showing the fence design and proposed locatia
Planning Director approval prior to grading plan approval. A uniform fence design
be utilized for all residential lots within the project. The fencing shown on the pla
individual residential lots shall be installed prior to the issuance of an occupancy pt
for each respective unit.
Enaineerina Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering condi.
upon the approval of this proposed major subdivision must be met prior to approval of a
map.
23. Prior to issuance of any building permit, the developer shall comply with
requirements of the City’s anti-graffiti program for wall treatments if and when su
program is formerly established by the City.
24. There shall be one final subdivision map recorded for this project.
25. The developer shall provide an acceptable means for maintaining the private easem
within the subdivision and all the private: streets, sidewalks, street lights, storm c
facilities and sewer facilities located therein and to distribute the costs of !
maintenance in an equitable manner among the owners of the properties within
subdivision. Adequate provision for such maintenance shall be included with
CC&Rs subject to the approval of the City Engineer.
26. The developer shall defend, indemnify and hold harmless the City and its agc
officers, and employees from any claim, action or proceeding against the City c
agents, officers, or employees to attack, set aside, void or null an approval of the 1
the Planning Commission or City Engineer which has been brought against the
within the time period provided for by Section 66499.37 of the Subdivision Map Act.
27. Prior to hauling dirt or construction materials to or from any proposed construction
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all condil
and requirements the City Engineer may impose with regards to the hauling operatio
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28. The developer shall provide for sight distance corridors at all street intersectiol
accordance with Engineering Standards and shall record the following statement o
Final Map (and in the CC&Rs).
29. "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches abovc
street level may be placed or permitted to encroach within the area identified as a
distance corridor in accordance with City Standard Public Street-Design Criteria, Se
8.B.3. The underlying property owner shall maintain this condition."
FeedAgreements
30. The developer shall pay all current fees and deposits required.
31. The owner of the subject property shall execute an agreement holding the City harm
regarding drainage across the adjacent property.
32. The owner shall enter into a lien contract for the future public improvement of High
Drive along the subdivision frontage for a half street width of 30 feet, P
improvements shall include, but not be limited to, paving, base, sidewalks, curbs
gutter, medians, grading, clearing and grubbing, undergrounding or relocation of uti1
sewer, water, fire hydrants, street lights and retaining walls.
33. The owner shall execute a hold harmless agreement for geologic failure.
34. Prior to approval of any grading or building permits for this project, the owner shall
written consent to the annexation of the area shown within the boundaries of
subdivision plan into the existing City of Carlsbad Street Lighting and Landsca
District No. 1 on a form provided by the City.
GRADING
35. Based upon a review of the proposed grading and the grading quantities shown on
tentative map, a grading permit for this project is required. The developer must SUI
and receive approval for grading plans in accordance with city codes and stand:
prior to issuance of a building permit for the project.
36. Prior to the issuance of a grading permit or building permit, whichever occurs first,
developer shall submit proof that a Notice of Intention has been submitted to the S
Water Resources Control Board.
37. Upon completion of grading, the developer shall ensure that an "as-graded" geolc
plan is submitted to the City Engineer. The plan shall clearly show all the geolog)
exposed by the grading operation, all geologic corrective measures as actL
constructed and must be based on a contour map which represents both the pre
post site grading. This plan shall be signed by both the soils engineer and
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or sin
drafting film and shall become a permanent record.
38. No grading for private improvements shall occur outside the limits of the subdivk
unless a grading or slope easement or agreement is obtained from the owners of
affected properties and recorded. If the developer is unable to obtain the gradin<
slope easement, or agreement, no grading permit will be issued. In that case
developer must either amend the tentative map or modify the plans so grading will
occur outside the project site in a manner which substantially conforms to the appro
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tentative map as determined by the City Engineer and Planning Director.
. . ..
DEDICATIONS AND IMPROVEMENTS
39. Additional drainage easements may be required. Drainage structures shall be pro
or installed prior to or concurrent with any grading or building permit as may be req
by the City Engineer.
40. The owner shall make an offer of dedication to the City for all public streets
easements required by these conditions or shown on the tentative map. The offer
be made by a certificate on the final for this project. All land so offered shall be gr;
to the City free and clear of all liens and encumbrances and without cost to the
Streets that are already public are not required to be rededicated.
41. Direct access rights for lots 8, 9, 10 and 11 which abutt two streets shall be waive
one of the street frontages on the final map.
42. The drainage system shall be designed to ensure that runoff resulting from 10.
frequency storms of 6 hours and 24 hours duration under developed conditions,
equal to or less than the runoff from a storm of the same frequency and duration u
existing developed conditions. Both 6 hour and 24 hour storm durations shal
analyzed to determine the detention basin capacities necessary to accomplish
desired results.
43. The developer shall comply with the City's requirements of the National Polll
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the "California Storm Water Best Managel
Practices Handbook" to reduce surface pollutants to an acceptable level pric
discharge to sensitive areas. Plans for such improvements shall be approved b)
City Engineer. Said plans shall include but not be limited to notifying prospe
owners and tenants of the following:
44. All owners and tenants shall coordinate efforts to establish or work with establi:
disposal programs to remove and properly dispose of toxic and hazardous w
products.
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A. Toxic chemicals or hydrocarbon compounds such as gasoline, mot0
antifreeze, solvents, paints, paint thinners, wood preservatives, and c
such fluids shall not be discharged into any street, public or privatc
into storm drain or storm water conveyance systems. Use and disr
of pesticides, fungicides, herbicides, insecticides, fertilizers and (
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such chemical treatments shall meet Federal, State, County and
requirements as prescribed in their respective containers.
B. Best Management Practices shall be used to eliminate or reduce sur
pollutants when planning any changes to the landscaping and sur
improvements.
45. Plans, specifications, and supporting documents for all public improvements shal
prepared to the satisfaction of the City Engineer. In accordance with City Standards
developer shall install, or agree to install and secure with appropriate securit]
provided by law, improvements shown on the tentative map and the follo1
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improvements:
A. Street “A full improvements where project fronts on both sides of the s
and half street plus 12 feet improvements and full width grading v
project fronts on one side of the street.
B. Street “B” half street plus 12 feet street improvements.
C. Street “C” full street improvements.
D. Half street improvements at Valley Street.
E. Half street improvements at Magnolia Street.
F. Storm drain system from Valley Street to existing storm drain in Street “E
A list of the above improvements shall be placed on an additional map sheet on the
map per the provisions of Sections 66434.2 of the Subdivision Map Act. lmproven
listed above shall be constructed within 18 months of approval of the sec
improvement agreement or such other time as provided in said agreement.
46. The developer shall install street lights along all public and private street frontagc
conformance with City of Carlsbad Standards.
47. The developer shall install sidewalks along all public streets abutting the proje
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
48. Prior to occupancy of any buildings, the developer shall install wheelchair ramps a
public street corners abutting the subdivision in conformance with City of Carl
Standards.
49. The design of all private streets and drainage systems shall be approved by the
Engineer. The structural section of all private streets shall conform to City of Carl.
Standards based on R-value tests. All private streets and drainage systems sha
inspected by the City. The standard improvement plan check and inspection fees !
be paid prior to approval of the final map for this project.
50. Developer is aware that the City Council is considering amending its street de
standards and has appointed a committee to study the issue and n
recommendations. Developer agrees to conform the streets in the subdivision tc
amended standards if adopted. This condition will automatically expire upon expir;
of the urgency ordinance and shall be or no force and effect unless, prior to that 1
the City Council acts to adopt such new street standards, otherwise the unmoc
standards shall control.
Final Map Notes
51. Notes to the following effects shall be placed on the final map as non-mapping data:
A. The owner of this property on behalf of itself and all of its successo
interest has agreed to hold harmless and indemnify the City of Carl:
from any action that may arise through any geological failure, grc
water seepage or land subsidence and subsequent damage that
occur on, or adjacent to, this subdivision due to its construction, oper;
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or maintenance.
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 ir:
above the street level may be placed or permitted to encroach withi
area identified as a sight distance corridor in accordance with
Standard Public Street-Design Criteria, Section 8.B.3. The undel
property owner shall maintain this condition.
Fire Conditions:
52. Any structures proposed on Lot 12 must be protected by automatic fire spri
systems, or a fire hydrant must be installed on Highland Drive approximately 380
north of its intersection with Magnolia Street.
53. The applicant shall provide at least thirty-six feet of street width in order to p
parking on both sides of Street B. The thirty-four feet proposed will allow parking or
side only and will probably create an enforcement problem.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limit(
the following:
54. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
55. Developer shall pay the citywide Public Facilities Fee imposed by City Council PI
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Sec
5.09.030, and CFD #I special tax (if applicable), subject to any credits authorize1
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applic
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All :
taxedfees shall be paid at issuance of building permit. If the taxedfees and not I
this approval will not be consistent with the General Plan and shall become void.
56. The Developer shall pay a landscape plan check and inspection fee as require(
Section 20.08.050 of the Carlsbad Municipal Code.
57. Approval of this request shall not excuse compliance with all applicable sections of
Zoning Ordinance and all other applicable City ordinances in effect at time of builm
permit issuance, except as otherwise specifically provided herein.
58. The project shall comply with the latest non-residential disabled access requireml
pursuant to Title 24 of the State Building Code.
59. The Developer shall submit a street name list consistent with the City’s street n
policy subject to the Planning Director’s approval prior to final map approval.
60. All landscape and irrigation plans shall be prepared to conform with the Landsc
Manual and submitted per the landscape plan check procedures on file in the Plan1
Department.
61. The developer shall exercise special care during the construction phase of this projec
prevent offsite siltation. Planting and erosion control shall be provided in accord2
with the Carlsbad Municipal Code and the City Engineer. I -1 1-
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62. Some improvements shown on the tentative map and/or required by these condi
are located offsite on property which neither the City nor the owner has sufficient tii
interest to permit the improvements to be made without acquisition of title or inte
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicai
reservations, or other exactions hereafter collectively referred to for conveniena
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these feedexactions. If
protest them, you must follow the protest procedure set forth in Government Code Se
66020(a), and file the protest and any other required information with the City Manage
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to ti
follow that procedure will bar any subsequent legal action to attack, review, set aside, voi
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exac
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plan
zoning, grading or other similar application processing or service fees in connection witt-
project; NOR DOES IT APPLY to any feedexactions of which you have previously been (
a NOTICE similar to this, or as to which the statute of limitations has previously othel
expired.
“NOTICE TO APPLICANT
“The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking judicial review must
be filed in the appropriate court no later than the ninetieth day following
the date on which this decision becomes final; however, if within ten
days after the decision becomes final a request for the record of
proceedings accompanied by the required deposit in an amount
sufficient to cover the estimated cost of preparation of such record, the
time within which such petition may be filed in court is extended to not
latter than the thirtieth day following the date on which the record is
either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.”
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Col
of the City of Carlsbad, California, held on the 14th day of December 1999, by the folio\
vote, to wit:
AYES: Council Members Hall, Nygaard, Kulchin
NOES: None
9 II ABSENT: Lewis, Nygaard
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ALMA L.k&mKW, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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