HomeMy WebLinkAbout1995-11-15; Planning Commission; Resolution 38357
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PLANNING COMMISSION RESOLUTION NO. 3835
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP REVISION TO DEVELOP 131 DETACHED,
CLUSTERED AIR SPACE OWNERSHIP SINGLE FAMILY
HOMES ON 20 RESIDENTIAL LOTS ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER
OF THE INTERSECTION OF ALGA ROAD AND
BATIQUITOS DRIVE WITHIN PLANNING AREA 5 OF
THE AVIARA MASTER PLAN IN THE SOUTHWEST
QUADRANT OF THE CITY.
CASE NAME AVIARA - PLANNING AREA 5
CASE NO: CI' 9O-O9(A)
WHEREAS, Western Pacific Housing has filed a verified applicat
certain property to wit:
Lots 95,96, 97 and 98 of Carlsbad Tract 85-35, Aviara Phase
1 Unit C, in the City of Carlsbad, County of San Diego, State
of California, according to Map No. 12411, filed in the Office
of the County Recorder of San Diego County on June 29,1989.
with the City of Carlsbad which has been referred to the Planning Commission; ax
WHEREAS, said verified application constitutes a request for a Tc
Tract Map Revision as provided by Chapter 20.12 of the Carlsbad Municipal Cod6
WHEREAS, the Planning Commission did, on the 15th day of No1
6995, hold a duly noticed public hearing as prescribed by law to consider said requc
WHEREAS, at said public hearing, upon hearing and considering all tec
and arguments, if any, of all persons desiring to be heard, said Commission considc
factors relating to the Tentative Tract Map Revision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Corn
RECOMMENDS APPROVAL of Carlsbad Tentative Tract Revision,
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09(A), based on the following findings and subject to the following con
Findings:
1. The Planning Commission finds that the project, as conditioned herein for
09(A), is in conformance with the Elements of the City’s General Plan, based
following:
a. Land Use - The project implements the residential component of the
Master Plan which regulates the project site.
The project is consistent with the City’s General Plan since the PI
density of 5.4 du/acre is with the density range of 4-8 dulacre speci
the site as indicated on the Land Use Element of the General Plan
R-M (Residential-Medium) General Plan designation, and is at or bel
growth control point of 6.0 ddacre.
b. Circulation - The project is already served by, or located adjacent to, t
public street systems including Alga Road, a Circulation Element Rc
All internal street systems shall be designed and constructed 1
standards for public and/or private streets, as appropriate.
c. Noise - The project, as designed, will comply with the City’s noise sta
for new residential developments.
d. Housing - The Aviara Master Plan has satisfied its affordable 1
requirements allowing the balance of the master plan, including PA !
processed and approved by the City.
That the project is consistent with the Housing Element of the Gener
and the Inclusionary Housing Ordinance as the Developer has entered
Affordable Housing Agreement and has met affordable housing obli
through the Villa Loma project.
e. Open Space and Conservation - No open space dedications or
resource conservation is required by the master plan for the developr
PA 5. Internal slopes and open space will be maintained privately
planning area and/or master plan master homeowners association.
2. The Planning Commission finds that:
a. the project is a subsequent project consistent with a Community PI;
Aviara Master Plan) as identified in Section 15183 of the CEQA Guic
b. the project is consistent with the Aviara Master Plan (MP 177);
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c. there was an EIR certified (EIR 83-02(A)) in connection with the
Master Plan (MP 177) and a Mitigated Negative Declaration appr
connection with the existing approval for PA 5 which involves 147
family dwelling units (CT 90-09);
d. the project has no new significant environmental effect not anal!
significant in the prior EIR or Mitigated Negative Declaration; and
e. none of the circumstances requiring Subsequent or Supplemental E11
CEQA Guidelines Sections 15162 or 15163 exist.
3, The Planning Commission finds that all feasible mitigation measures or
alternatives identified in the EIR (EIR 83-02(A)) and/or Mitigated h
Declaration approved with CT 90-09 which are appropriate to this Sub:
Project have been incorporated into this Subsequent Project.
4. The City's MEIR found that air quality and circulation impacts are significr
adverse; therefore, the City Council adopted a statement of ove
considerations. The project is consistent with the General Plan and as tl
effects, no additional environmental document is required.
5. The project is consistent with the City-Wide Facilities and Improvements PI
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
approved unless the City Council finds that sewer service is available 1
the project. In addition, the project is conditioned such that a note s
placed on the final map that building permits may not be issued
project unless the District Engineer determines that sewer service is av
and building cannot occur within the project unless sewer service I
available, and the District Engineer is satisfied that the requirement!
Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school f
in the Carlsbad School District, unless said fees are waived by the C'
Unified School District.
c. The dedication of a 2425 acre park site at the northern terminus of AI
Lane satisfies park fee requirements.
d. All necessary public improvements have been provided or are reqt
conditions of approval.
e. The developer has agreed and is required by the inclusion of an app~
condition to pay a public facilities fee. Performance of that contr,
PC RES0 NO. 3835 -3-
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payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
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 ad(
requirements established by a Local Facilities Management Plan prepared pi
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co1
availability of public facilities and will mitigate any cumulative impacts create(
project.
This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 19.
That the project is consistent with the City's Landscape Manual, adopted
Council Resolution No. 90-384.
That the proposed map and the proposed design and improvement of the subc
as conditioned, is consistent with and satisfies all requirements of the Gener;
the Aviara Master Plan, Titles 20 and 21 of the Carlsbad Municipal Code, i
State Subdivision Map Act, and will not cause serious public health problems,
all required public improvements will be provided, all necessary faciliti
services will be available, and all applicable City standards will be appli
enforced to promote public health, safety and welfare.
That the proposed project is compatible with the surrounding future land USI
surrounding properties are designated for residential development on the (
Plan and within the Aviara Master Plan, in that the subject planning a~
surrounding planning areas are designated for either Residential-Medium
(RM) development which allows 4-8 dwelling units per acre, or Residenti;
Medium density (RLM) which allows up to 4 dwelling units per acre. Plannil
5 proposes an allowable density of 5.4 du/acre which under the 6.0 ddac (
Control Point for the RM density range.
That the site is physically suitable for the type and density of the developme1
the site is adequate in size and shape to accommodate residential developmer
density proposed, in that all applicable City and Master Plan standards and
guidelines are accommodated by the subject planning area site and propo!
design/product type.
That the design of the subdivision or the type of improvements will not confl
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subc
in that the Master Plan and buildout of individual planning areas has been d
and structured so that no conflicts with any easements will occur.
That the property is not subject to a contract entered into pursuant to th
Conservation Act of 1965 (Williamson Act), in that no such contract pertaig
exists for, the master plan property or subject planning area site. I 1 PC RES0 NO. 3835 -4-
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14. That the design of the subdivision provides, to the extent feasible, for future
or natural heating or cooling opportunities in the subdivision, in that overall b
orientation and placement, in combination with the proposed variety of flm
types and dominant wind/solar radiation patterns, will allow utilization of 1
heating and cooling opportunities.
15. That the Planning Commission has considered, in connection with the 1
proposed by this subdivision, the housing needs of the region, and balancec
housing needs against the public service needs of the City and available fis
environmental resources in that the project complies with all applicable facilit
financing plans to assure the balance of housing needs in the region against
services availability without impacting environmental resources.
16. That the design of the subdivision and improvements are not likely tc
substantial environmental damage nor substantially and avoidably injure
wildlife or their habitat, in that previous environmental analysis and
associated with the Aviara Master Plan and the original approval of PA 5
multi-family dwelling units (CT 90-09) have documented the lack of any si@
impacts to fish, wildlife or their respective habitats created the buildout
subject planning area.
17. That the discharge of waste from the subdivision will not result in viola
existing California Regional Water Quality Control Board requirements, in
National Pollutant Discharge Elimination System (NPDES) requirements will
through final project design.
18. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case, t:
exactions are imposed to mitigate impacts caused by or reasonably related
project, and the extent and the degree of the exaction is in rough proportion
the impact caused by the project.
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Tt
Tract Map Revision, CT 90-09(A), for the Aviara Master Plan project c
"Aviara PA-5 - Western Pacific". (Exhibits "A" - "Q" on file in the P
Department and incorporated by this reference, dated November 15, 1995),
to the conditions herein set forth. Staff is authorized and directed to fl:
require the Developer to make all corrections and modifications to the p
exhibits and/or documents, as necessary to make them internally consist(
conform to City Council's final action on the project. Development shal
substantially as shown on the approved exhibits. Any proposed devel
substantially different from this approval, shall require an amendment
approval.
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2. The Developer shall comply with all applicable provisions of federal, state, ar
ordinances in effect at the time of building permit issuance.
Maps and Exhibits
3. The Developer shall provide the City with a reproducible 24" x 36", mylar cop
Revised Tentative Map as approved by the final decision making body. The 1
Tentative Map shall reflect the conditions of approval by the City. The Ml
shall be submitted to the City Engineer and approved prior to building, gradir
map, or improvement plan submittal, whichever occurs first.
4. The Developer shall provide the Planning Director with a 500' scale mylar
subdivision prior to the recordation of the final map. Said map shall show
and streets within and adjacent to the Project.
5. The Developer shall include, as part of the plans submitted for any penr
check, a reduced, legible version of the approving resolution/resolutions on
36" blueline drawing. Said blueline drawing(s) shall also include a copy
applicable Coastal Development Permit and signed approved site plan.
Facilities & Services
6. The final map shall not be approved unless the City Council finds as of the
such approval that sewer service is available to serve the subdivision.
7. Building permits will not be issued for development of the subject property
the District Engineer determines that sewer facilities are available at the i
application for such sewer permits and will continue to be available until 1
occupancy. A note to this effect shall be placed on the final map.
8. The Developer shall pay the public facilities fee adopted by the City Council
28, 1987 (amended July 2, 1991) and as amended from time to time, a
development fees established by the City Council pursuant to Chapter 21.9(
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the subd
agreement to pay the public facilities fee dated August 10,1995, a copy of w
on file with the City Clerk and is incorporated by this reference. If the fees
paid, this 'application will not be consistent with the General Plan and apprc
this project will be void.
9. The Developer shall provide proof of payment of statutory school fees to r
conditions of overcrowding as part of the building permit application unless
by the Carlsbad Unified School District. The amount of these fees s
determined by the fee schedule in effect at the time of building permit appl
10. This project shall comply with all conditions and mitigation measures wh
required as part of the Zone 19 Local Facilities Management Plan a
amendments made to that Plan prior to the issuance of building permits.
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General Conditions
11. If any condition for construction of any public improvements or facilities,
payment of any fees in lieu thereof, imposed by this approval or imposed by
this residential housing project are challenged this approval shall be suspel
provided in Government Code Section 66020. If any such condition is dete
to be invalid this approval shall be invalid unless the City Council determines 1
project without the condition complies with all requirements of law.
12. Approval of CT 90-09(A) is granted subject to the approval of CP 95-01, LCP
and MP 177(P). CT 90-09(A) is subject to all conditions contained in P
Commission Resolution Nos. 3836; 3834,3833 for CP 95-01, LCPA 95-11 a
177(P), respectively.
13. The conditions of approval for CT 90-09(A) contained in this resolution SUI
all previous conditions of approval for CT 90-09, contained in Planning Coml
Resolution No. 3100 with the exception of condition number 45 regarding tc
tract map expiration which remains in full force and effect.
14. The Developer shall establish a homeowner’s association and corresf:
covenants, conditions and restrictions. Said CC&Rs shall be submitted
approved by the Planning Director prior to final map approval.
15. Prior to the issuance of final map approval, the Developer shall submit to t
a Notice of Restriction to be filed in the office of the County Recorder, sul
the satisfaction of the Planning Director, notifying all interested parti
successors in interest that the City of Carlsbad has issued a Tentative Tral
Revision by Resolution No. CT 90-09(A) on the real property owned
developer. Said Notice of Restriction shall note the property description, 11
of the file containing complete project details and all conditions of approval
as any conditions or restrictions specified for inclusion in the Notice of Rest
The Planning Director has the authority to execute and record an amendmen
notice which modifies or terminates said notice upon a showing of good causc
developer or successor in interest.
Specific Onsite Conditions
16. All visitor parking spaces shall be striped a different color than the assigned r
parking spaces, or otherwise signed or designated to the satisfaction of the PI
Director, and shall be clearly marked as may be approved by the Planning C
as part of final design or improvement plan approval.
17. An exterior lighting plan including parking areas and recreation areas s
submitted for Planning Director approval prior to building permit issuanc
lighting shall be designed to reflect downward and avoid any impacts on a
homes or property.
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1 pc RESO No. 3835
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1 18. No outdoor storage of material shall occur onsite unless required by the Fire
In such instance a storage plan will be submitted for approval by the Fire Ch
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19. The master plan trail segment located within the SDG&E powerline easema
be constructed prior to the granting of occupancy for any unit or phase
adjacent to the SDG&E easement. This includes Lots 9,10,12, and 17 as sh
Exhibits "A" - "C" dated November 15, 1995, on file in the Planning Depa
Phasing of the trail construction may be allowed concurrent with the phasin;
units/phases adjacent to the SDG&E easement subject to the approval
Planning Director.
LandscaDe
20. The Developer shall prepare a detailed landscape and irrigation plan in confol
with the approved Preliminary Landscape Plans (Exhibits "0" - "Q" dated Na
15, 1995) the landscape guidelines of the Aviara Master Plan, and the
Landscape Manual. The plans shall be submitted to and approval obtained fr
Planning Director prior to the approval of the final map, grading permit, or b
permit, whichever occurs first. The Developer shall construct and ins
landscaping as shown on the approved plans, and maintain all landscaph
healthy and thriving condition, free from weeds, trash, and debris. The d
landscape plans shall also show in detail the alignment, landscaping, and irr
proposed for the master plan trail segment located in the SDG&E po.
easement.
21. The Developer shall prepare and submit a master site plan of the existing onsi
to the Planning Director as part of the final grading plan to determine whic
shall be required to be preserved prior to the issuance of a grading pem
building permit, whichever occurs first. Existing onsite trees shall be r(
wherever possible and shall be trimmed as needed. Dead, decaying or pot
dangerous. trees shall be approved for removal at the discretion of the P
Director during the review of the master site plan. Those trees which are ay.
for removal shall be replaced on a tree-for-tree basis, and all mature trees s
replaced with minimum 36" box specimens. This project is further approved
to the condition that should any of the 9 existing on-site oak trees located c
29-32 be lost to development at any time, the applicant (Western Pacific Hc
or successor in interest shall be required to replace these oak trees at the fo
ratios:
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Two minimum sized 24" box specimens for each 6" to 23" diameter oak tr
minimum sized 24" box specimens and one minimum sized 36" box specin
each 24" - 40" diameter oak tree, one minimum sized 36" box specimen a
minimum sized 48" box specimen for each 41" - 60" diameter oak tree.
A note to this effect shall be placed on the final grading and landscape plan
to grading permit issuance. In addition, prior to approval of any final m
Developer shall submit to the City a Notice of Restriction to be filed in the c) I 1) PC RES0 NO. 3835 -8-
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the County Recorder, subject to the satisfaction of the Planning Director, nc
all potentially affected parties and successors in interest that the City of C;
has placed an oak tree preservation requirement on the subject properties
Notice of Restriction shall describe the location of the existing oak trees I
replacement conditions, to the satisfaction of the Planning Director.
22. The first submittal of detailed landscape and irrigation plans shall be amn
by the project’s building, improvement, and grading plans.
Signs and Identification
23. Building identification and/or addresses shall be placed on all new and
buildings so as to be plainly visible from the street or access road; c
identification and/or addresses shall contrast to their background color.
Miscellaneous Planning Conditions
24. The Developer shall provide bus stops to service this development at locatic
with reasonable facilities to the satisfaction of the North County Transit Dist~
the Planning Director. Said facilities, if required, shall at a minimum in(
bench, free from advertising, and a pole for the bus stop sign. The bench a
shall be designed to enhance or be consistent with the basic architectural th
the project.
25. The Developer shall display a current Zoning and Land Use Map in the sale
at all times, or suitable alternative to the satisfaction of the Planning Direa
26. All sales maps that are distributed or made available to the public shall incll
not be limited to trails, future and existing schools, parks, and streets.
27. This project is being approved as a condominium permit for residentia
ownership purposes. If any of the units in the project are rented, the minimt
increment for such rental shall be not less than 26 days. The CC&Rs for the
shall include this requirement.
Contingencv Permits/Other Agencies
28. Prior to approval of the final map, the Developer shall receive approval of a (
Development Permit issued by the California Coastal Commission that subst
conforms to this approval. A signed copy of the Coastal Development Perm
be submitted to the Planning Director. If the approval is substantially diffel
amendment to revised tentative map shall be required.
Environmental
29. Prior to the recordation of the first final tract map or the issuance of k
permits, whichever occurs first, the Developer shall prepare and record a Not
this property is subject to overflight, sight, and sound of aircraft operatin
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McClellan-Palomar Airport in a form meeting the approval of the Planning I:
and the City Attorney (see Noise, Form #2 on file in the Planning Departn
30. The Developer shall post aircraft noise notification signs in all sales and/ol
offices associated with the new development. The number and locations of sa
shall be approved by the Planning Director (see Noise Form #3 on file
Planning Department).
31. All Coastal Deed Restricted areas shall be flagged and staked by a licensed SI
or civil engineer prior to any grading of the site to satisfaction of the PI
Director. A note to this effect shall be placed on the final map, final gradin
and landscape plans.
32. Consistent with the Preliminary Noise Study performed for the amende
project dated September 6,1995, a final noise report based on precise gradin
shall be submitted to the Planning Director prior to building permit issuanc
final noise report shall be the basis for any interior noise mitigation m'
and/or mechanical ventilation systems required on a per unit basis.
Engineering Conditions:
Unless specifically stated in the condition, all of the following engineering COI
upon the approval of this proposed major subdivision must be met prior to a
of the first final map. I 33. This project is approved for up to three (3) units for the purposes of rem
provided the following are met to the satisfaction of the City Engineer E
Planning Director:
a. All adjacent lots shall be numbered consecutively throughout the
subdivision.
b. All lots providing recreational facilities needed to serve each unit 5
provided with that unit.
c. Each unit shall meet the Cul-de-sac Standard.
d. Lots 1 through 4 as shown on the tentative map shall be included wit
unit. Lot 21 with recreational facilities may be included in this unit ii
is re-renumbered consecutively.
e. Lots 5 through 14 as shown on the tentative map shall be included
unit. Lot 22 shown with recreational facilities may be included in thir
the lot is renumbered consecutively.
f. Lots 15 through 20 as shown on the tentative map shall be included
unit. Lot 21 with recreational facilities may be included in this unit.
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g. All easements needed to provide utilities to serve each unit is provid
34. Construction may be phased provided all facilities needed to serve the ph;
meet the Cul-de-sac Standard are provided to the satisfaction of the City E:
and Planning Director. The phases as shown on the tentative map 8
specifically approved. A note to this effect shall be placed on the final map
35. The developer shall provide an acceptable means for maintaining the
easements within the subdivision and all the private: streets, sidewalks, stree
storm drain facilities and sewer facilities located therein and to distribute tl
of such maintenance in an equitable manner among the owners of the prc
within the subdivision. Adequate provision for such maintenance shall be il
with the CC&Rs subject to the approval of the City Engineer.
36. All concrete terrace drains shall be maintained by the homeowner’s associa
on commonly owned property) or the individual property owner (if on an indiy
owned lot). An appropriately worded statement clearly identiwing the respo~
shall be placed in the CC&Rs.
37. The developer shall defend, indemnify and hold harmless the City and its
officers, and employees from any claim, action or proceeding against the Cii
agents, officers, or employees to attack, set aside, void or null an approval
City, the Planning Commission or City Engineer which has been brought aga
City within the time period provided for by Section 66499.37 of the Subdivisic
Act.
38. The developer shall pay the current local drainage area fee or shall a
drainage systems in conformance with Master Drainage Plan and City of C
Standards as required by the City Engineer.
39. The owner of the subject property shall execute an agreement holding f
harmless regarding drainage across the adjacent property.
40. Direct access rights for all lots abutting Alga Road, Batiquitos Dri
Hummingbird Road shall be waived on the final map.
41. Prior to approval of any grading or building permits for this project, the own
give written consent to the annexation of the area shown within the boundaric
site plan into the existing City of Carlsbad Street Lighting and Landscaping
No. 1 on a form provided by the City.
42. The subject property is within the boundaries of Assessment District No. 88-
Road). Upon the subdivision of land within the district boundaries, the ow
pass through assessments to subsequent owners only if the owner has exe
Special Assessment District Pass-through Authorization Agreement. Said Ag1
contains provision regarding notice to potential buyers of the amount
assessment and other provisions and requires the owner to have each buyer
and execute a Notice of Assessment and an Option Agreement. In the event
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owner does not execute the Authorization Agreement, the assessment on the 1
property must be paid off in full by the owner prior to final map approval.
43. The developer shall comply with the City's requirements of the National PC
Discharge Elimination System (NPDES) permit. The developer shall provic
management practices as referenced in the "California Storm Wata
Management Practices Handbook" to reduce surface pollutants to an acceptab
prior to discharge to sensitive areas. Plans for such improvements shall be ap
by the City Engineer
44. The design of all private streets and drainage systems shall be approved by t
Engineer. The structural section of all private streets shall conform to 1
Carlsbad Standards based on R-value tests. AU private streets and drainage I
shall be inspected by the City. The standard improvement plan check and ins]
fees shall be paid.
a. The first final map and each subsequent final map shall be connectec
public street system with fully improved private streets and meet the (
sac Standard. Improvements shall include but not be limited to concrel
gutter, sidewalks, street lights and all utilities needed to serve tl
including any needed looped water main systems.
Fire Conditions:
45. Prior to the issuance of building permits, complete building plans shall be su€
to and approved by the Fire Department.
46. Additional onsite public hydrants are required.
47. Applicant shall submit a site plan to the Fire Department for approval, which
location of required, proposed and existing hydrants.
48. Applicant shall submit a site plan to the Fire Department for approval of
driveways and general traffic circulation.
49. An all-weather access road shall serve the project during construction.
50. All required fire hydrants, water mains and appurtenances shall be operation
to combustible building materials being located on the project site.
51. Proposed security gate systems shall be provided with "Knox" key operated c
switch, as specified by the Fire Department.
52. All private driveways that are 24 foot wide and serve four units or less, shall
clear of parked vehicles at all times, and shall have posted "No Parkinflirc
pursuant to Section 17.04.020, Carlsbad Municipal Code. 1
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1 53. Brush clearance shall be maintained according to the specifications containel
City of Carlsbad Landscape Manual. Applicant shall provide brush clearan
2 to the Fire Department for approval.
3 54. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing I
4 automatic sprinklers, and other systems pertinent to the project shall be su'
to the Fire Department for approval prior to construction.
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protected by an automatic sprinkler system.
56. Prior to submittal of water improvement plans, the applicant shall submit to 1
8 Department a map, showing the street network, conforming to the following (
55. Buildings having an aggregate floor area exceeding 10,000 square feet s
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0 400' scale
0 Photo reduction on mylar
0 At least two existing streets and/or intersections shall be referenced
e Maps shall include the following information: map (not a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations ' 4 57. Monument sign shall be installed at the entrance to driveway/private street inc
15 addresses of buildings on the site.
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Water Conditions:
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58. The entire potable water system, reclaimed water system and sewer system :
evaluated in detail to insure that adequate capacity, pressure and flow demal
be met.
19 59. The Developer shall be responsible for all fees, deposits and charges which
County Water Authority capacity charge will be collected at issuance of appl
for meter installation.
20 collected before and/or at the time of issuance of the building permit. The Sar
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a. Meet with the City Fire Marshal and establish the fire prc 24 requirements. Also obtain GPM demand for domestic and irrigational
25 from appropriate parties.
60. Sequentially, the Developer's Engineer shall do the following:
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b. Prepare a colored reclaimed water use area map and submit to the PI
Department for processing and approval.
28 c. Prior to the preparation of sewer, water and reclaimed water improl
plans, a meeting must be scheduled with the District Engineer for
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comment and approval of the preliminary system layouts and usage
GPM - EDU).
61. This project is approved- upon the expressed condition that building permits 1
be issued for development of the subject property unless the water district sen
development determines that adequate water service and sewer facilities are av
at the time of application for such water service and sewer permits will cont
be available until time of occupancy. This note shall be placed on the final
62. If any of the foregoing conditions fail to occur; or if they are, by their term!
implemented and maintained over time; if any of such conditions fail to
implemented and maintained according to their terms, the City shall have tl:
to revoke or modify all approvals herein granted; deny or further condition is
of all future building permits; deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted; institu
prosecute litigation to compel their compliance with said conditions or seek dl
for their violation. No vested rights are gained by Developer or a sum
interest by the City’s approval of this Resolution.
CODE REMINDERS
Planning:
Fees
63. The Developer shall pay park-in-lieu fees to the City, prior to the approval
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
Final Mar, Notes
64. The following note shall be placed on the Final Map: “prior to issuance of a E:
permit for any buildable lot within the subdivision, the Developer shall pay
time special development tax in accordance with the City Council Resolution
39.”
65. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provide herein.
66. The Developer shall submit a street name list consistent with the City’s strec
policy subject to the Planning Director’s approval prior to final map appro1
67. Prior to occupancy of the first dwelling unit the Developer shall provide all r
passive and active recreational areas per the approved plans, including land
and recreational facilities.
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Landscaue
68. All landscape and irrigation plans shall be prepared to conform with the La1
Manual and submitted per the landscape plan check procedures on file
Planning Department.
Sims
69. Any signs proposed for this development shall at a minimum be desi<
conformance with the City’s Sign Ordinance and shall require review and a
of the Planning Director prior to installation of such signs.
Engineering:
70. As required by state law, prior to the recordation of a final map over an^
subject property, the developer shall submit to the City an application for seg~
of assessments along with the appropriate fee. A segregation is not require
applicant pays off the assessment on the subject property prior to the record,
the final map. In the event a segregation of assessments is not record
property is subdivided, the full amount of assessment will appear on the tax
each new lot.
71. Prior to hauling dirt or construction materials to or from any proposed cons
site within this project, the developer shall submit to and receive approval 6
City Engineer for the proposed haul route. The developer shall comply 1
conditions and requirements the City Engineer may impose with regards
hauling operation.
72. Based upon a review of the proposed grading and the grading quantities shl
the tentative map, a grading permit for this project is required. The develop1
submit and receive approval for grading plans in accordance with City co<
Standards. Prior to issuance of a building permit for the project, a grading
shall be obtained and grading work be completed in substantial conformance F
approve grading plans.
If the disturbed area is five acres or more, prior to the issuance of a grading
or building permit, whichever occurs first, the developer shall submit pro0
Notice of Intention has been submitted to the State Water Resources Control
73. No grading shall occur outside the limits of the subdivision unless a grading c
easement is obtained from the owners of the affected properties. If the del
is unable to obtain the grading or slope easement either the tentative map s
amended or the plans shall be modified so grading will not occur outside the
site in a manner which substantially conforms to the approved tentative 1
determined by the City Engineer and Planning Director.
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1 74. Prior to issuance of a building permit for any buildable lot within the subdivisj
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property owner shall pay a one-time special development tax in accordance w
Council Resolution No. 91-39.
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75. The developer shall exercise special care during the construction phase of this
to prevent offiite siltation. Planting and erosion control shall be provj
accordance
76. Additional drainage easements may be required. Drainage structures s
provided or installed prior to or concurrent with any grading or building pe
may be required by the City Engineer.
A note shall be placed on the improvement plans stating which improveme
utilities are public and which are private.
PASSED, APPROVED, AND ADOPTED at a regular meeting
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12 1995, by the following vote, to wit:
Planning Commission of the City of Carlsbad, California, held on the 15th day of No1
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AYES: Chairperson Welshons, Commissioners Compas, Monrq
and Savary
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ABSENT: Commissioner Nielsen
ABSTAIN: None
NOES: Commissioner Erwin
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KIM WELkHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
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23 MICHAEL J. HOLZkdILLER u
24 I1 Planning Director
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PC RES0 NO. 3835 -16-