HomeMy WebLinkAbout1997-06-18; Planning Commission; Resolution 4100a Y
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PLANNING COMMISSION RESOLUTION NO. 4100
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP TO SUBDIVIDE 8.52 ACRES INTO
TWENTY SIX SINGLE FAMILY LOTS THREE LOTS TO
PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES
AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS
ON PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE
IN LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: PACIFIC VIEW ESTATES
CASE NO .: CT 96-03
WHEREAS, Pacific View LTD, “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, describe
A Portion of the northwest quarter of the southwest quarter of
Section 32, Township 11 south, Range 4 west, San Bernardino
Base and Meridian, in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative ‘
Map as shown on Exhibits “A”-“O” dated May 21, 1997, on file in the Planning Depart]
(Pacific View Estates - CT 96-03RUD 96-03/HDP 96-03/SDP 96-04), as provided by Chi
20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of May 1997, 41
June 1997, and the 18th of June 1997, hold a duly noticed public hearing as prescribed by
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testin
and arguments, if any, of persons desiring to be heard, said Commission considered all fa1
relating to the Tentative Tract Map.
WHEREAS, on June 18, 1997, the Planning Commission approved, CT 96
as described and conditioned in Planning Commission Resolution No. 4100.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City 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 Commi
APPROVES Tentative Tract Map CT 96-03, based on the following finding
subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivisj
condition, is consistent with and satisfies all requirements of the General Plan
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the
Subdivision Map Act, and will not cause serious public health problems, in tha
project: is a medium-low density single family residential development; is desi
in accordance with the Subdivision and Planned Development Ordinances; and
compliance with the recommendations of the required technical studies for
drainage, noise, and biological resources. The proposed subdivision also pro
all necessary public improvements to serve the demand generated by
development.
2. That the proposed project is compatible with the surrounding future land uses
surrounding properties are designated for Residential Low-Medium (R
Residential Medium (RM) and Residential Medium-High (RMH) development o
General Plan, and the project is a residential development with a density of
du/acre which is within the Residential Low-Medium density range whic
compatible with the surrounding land uses.
3. That the site is physically suitable for the type and density of the development sinc
site is adequate in size and shape to accommodate residential development at the de
proposed, in that the project has similar lot sizes as nearby single and multiple fa
developments of the area, and the project meets all City standards for street wil
setbacks, grading and drainage for the development.
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 has been designed and structured such that there are no con
with any established easements.
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5. That the property is not subject to a contract entered into pursuant to the :
Conservation Act of 1965 (Williamson Act).
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6. That the design of the subdivision provides, to the extent feasible, for future passj
natural heating or cooling opportunities in the subdivision, in that the area is domil
by westerly wind patterns which will allow the utilization of natural heatins
cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing pro1
by this subdivision, the housing needs of the region, and balanced those housing 1
against the public service needs of the City and available fiscal and envirom
resources.
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 all applicable environmental mitigation measures required bJ
Mitigated Negative Declaration, dated January 22, 1997, have been incorpo~
into the project and/or added to the project as conditions of approval.
9. That the discharge of waste from the subdivision will not result in violation of exi
California Regional Water Quality Control Board requirements, in that the projec
been designed in accordance with City required sewer and drainage facil
Pursuant to City Engineering Standards the project is conditioned to comply
National Pollution Discharge Elimination System (NPDES) standards to prc
any discharge violations.
10. The Planning Commission finds that the project, as conditioned herein for compli
with Local Facilities Management Zone 1, compliance with RA-10,000 Zoning,
compliance with Planned Development and Hillside Development regulations,
conformance with the Elements of the City's General Plan, based on the following:
a. Land Use - The project is consistent with the City's General Plan sinct
project at a density of 3.97 du/acre is within the density range of the F
General Plan designation (0-4 du/ac). Although the project is above
growth management density control point of 3.2 dulacre, as provided fc
the General Plan, a project can exceed the growth control point if the zo
is consistent with the General Plan, including the land use designation,
no more than a maximum of twenty five (25) percent additional units
proposed in excess of the growth control point. This provision would all(
maximum of 30 units on the site. Since the applicant is proposing 30 u
and the R-A-10,000 zoning is consistent with the RLM General 1
designation, this project is in compliance with the Land Use Element oi
General Plan. Further, as a single family development on minimum 7
square foot lots, the project is compatible with surrounding uses inch
the multiple family apartments, small lot single family units (4,000 sql
foot minimum lot sizes) and standard lot (10,000+ square feet) single fa.
units.
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The project is consistent with the City’s General Plan since the proposed dl
of 3.97 ddacre is within the density range of 0-4 ddacre specified for the :
indicated on the Land Use Element of the General Plan.
b. Circulation - The project is conditioned to complete all necessary onsit
offsite roadway improvements prior to occupancy of any unit in each 1
of the project. In addition, the project is designed and conditioned to pr
public street access to the neighborhood on Wintergreen Drive whicl
inadequate secondary access and public street access to two parcels that
inadequate public street access.
c. Noise - That as designed and conditioned to mitigate potential noise im
from Carlsbad Village Drive, the project is consistent with the City’s
standard of 60 dBA CNEL exterior and 45 dBA CNEL interior.
d. Housing - That the project is consistent with the Housing Element of the Gc
Plan and the Inclusionary Housing Ordinance as the Developer has
conditioned to enter into an Affordable Housing Agreement to provide and
restrict 4 dwelling units as affordable to lower-income households an
purchase .5 credit as permitted pursuant to Section 21.85.040(c) o
Carlsbad Municipal Code.
11. The project is consistent with the City-Wide Facilities and Improvements Plar
applicable local facilities management plan, and all City public facility policie:
ordinances since:
a. The project has been conditioned to ensure that the final map will not be appr
unless the City Council finds that sewer service is available to serve the prc
In addition, the project is conditioned such that a note shall be placed on the
map that building permits may not be issued for the project unless the Di
Engineer determines that sewer service is available, and building cannot (
within the project unless sewer service remains available, and the Di
Engineer is satisfied that the requirements of the Public Facilities Element (
General Plan have been met insofar as they apply to sewer service for
project.
b. Statutory School fees will be paid to ensure the availability of school faciliti
the Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are require
conditions of approval.
e. The developer has agreed and is required by the inclusion of an appror
condition to pay a public facilities fee. Performance of that contract and pay
of the fee will enable this body to find that public facilities will be avai
concurrent with need as required by the General Plan. 1 PC RES0 NO. 4100 -4-
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12. The project has been conditioned to pay any increase in public facility fee, 01
construction tax, or development fees, and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pursu:
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 part (
Local Facilities Management Plan for Zone 1.
14. That the project will provide sufficient additional public facilities for the densj
excess of the control point to ensure that the adequacy of the City’s public facility
will not be adversely impacted, in that as designed and conditioned the projeci
comply with the City’s public facility plans and will provide all necessary pj
facilities including streets, water and sewer facilities to meet the needs 01
development.
15. That there have been sufficient developments approved in the quadrant at densities k
the control point to offset the units in the project above the control point so that app
will not result in exceeding the quadrant limit.
16. That all necessary public facilities required by the Growth Management Ordinance
be constructed or are guaranteed to be constructed concurrently with the need for
created by this project and in compliance with adopted City standards, in that as desi;
and conditioned the project will comply with the City’s public facility plans and
provide all necessary public facilities including streets, water and sewer faciliti
meet the needs of the development and will pay all necessary fees for pi
facilities.
17. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant
record a notice concerning aircraft impacts. The project is compatible with the projc
noise levels of the CLUP; and, based on the noise/land use compatibility matrix o
CLUP, the proposed land use is compatible with the airport, in that the project si
located outside of the 60 dBA CNEL noise contour of the airport.
18. That the habitat loss does not cumulatively exceed the 5% guideline established il.
Draft Conservation Guidelines of the Draft Natural Community Conservation
(NCCP), in that the proposed take of 1.95 acres of low quality coastal sage s(
habitat is consistent with the City policy for interim take and there is currenl
balance under the 5% limitation to accommodate the 1.95 acre take proposed 7
this project. As conditioned, the project is required to process a City “Take” pe
pursuant to City requirements to ensure that there continues to be an adeq
balance of the 5% limitation lands available at the time this project propost
develop,
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That the habitat loss will not preclude connectivity between areas of high habitat v
in that the project site consists of low quality, isolated habitat areas that ar
located within any of the City’s HMP core areas or core linkage areas.
That the habitat loss will not preclude or prevent the preparation of the City’s H
Management Plan, in that the habitat loss on the site is small (1.95 acres) an1
habitat on the site is low quality coastal sage scrub which is not located within a
area of core linkage area, as identified in the City’s HMP.
That the habitat loss has been minimized and mitigated to the maximum t
practicable in accordance with the mitigation established by the NCCP Guidelines, i
the habitat loss will be mitigated at a minimum of 1:l ratio as recommended b
resource agencies.
That the habitat loss will not appreciably reduce the likelihood of the surviva
recovery of listed wildlife species in the wild, in that the project site consists o
quality, isolated habitat areas that are not located within any of the City’s 1
core areas or core linkage areas.
That the habitat loss is incidental to otherwise lawful activities, in that as conditione,
necessary permits including hillside deve!opment, grading and a 4(d) “Take” PC
will be obtained for this project.
That the project is consistent with the City’s Landscape Manual, adopted by City Co
Resolution No. 90-384.
Adjacent properties with inadequate public street access will be provided adec
public street access as this project has been designed.
That the property cannot be served adequately with a public street without a panhandl
(Lot 14) due to unfavorable conditions resulting from unusual topography, surrour
land development, or lot configuration, in that the project site is an infill-hi1
property, with an unusual shape which is more sensitively graded utilizi~
panhandle lot.
That the subdivision with a panhandle lot on Lot 14 will not preclude or adversely E
the ability to provide full public street access to other properties within the same bloc
the subject property, in that as designed, all lots have public street access as show:
Exhibits “A” - “0”.
That the buildable portion of Lot 14 consists of an area of greater than 8,000 sq
feet, three parking spaces provided within a garage and adequate turn-around s
for vehicles to maneuver, which meets the requirements of Section 21.10.080(d)(
the Carlsbad Municipal Code.
That the front, sides, and rear property lines on Lot 14, for purposes of determi
required yards, are as shown on Exhibit “A”, on file in the Planning Department.
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30. The Planning Commission has reviewed each of the exactions imposed on the Dew
contained in this resolution, and hereby finds, in this case, that the exactions are im:
to mitigate impacts cause by or reasonably related to the project, and the extent an
degree of the exaction is in rough proportionality to the impact caused by the project.
31. The change of use of City of Carlsbad owned property from reservoir to p
street is consistent with the Carlsbad General Plan in that as provided for il
Circulation Element of the General Plan, the public roads (Donna Drive and
Street) have been designed to maintain City standards for the design
construction of roads by providing secondary access to the Hillgate Es
neighborhood which does not currently have secondary access to meet
standards, and consistent with the Circulation Element of the General Plan
project is a joint publidprivate effort to improve circulation in a developed area
32. That the use of Second Dwelling Units to satisfy the inclusionary hol
requirement for this project is an acceptable alternative for providing afforc
housing in that: the proposed project is a small in-fill project in which using u
means of satisfying the inclusionary housing requirements of Chapter 21.85 w
be almost impossible; and, the proposed Second Dwelling Units comply with
recommended Housing Commission policy for the use of Second Dwelling I
including the unit size being greater than 400 square feet, the unit design contai
one bedroom, and no direct access provided to the SDU from the main house.
Conditions:
Planning:
1. The Planning Commission does hereby APPROVE the Tentative Tract Map fo~
project entitled Pacific View Estates (Exhibits “A” - “0” dated May 21, 1997, on fi
the Planning Department and incorporated by this reference, subject to the condk
herein set forth.) Staff is authorized and directed to make, or require Developer to m
all corrections and modifications to the Tentative Tract Map document(s), as neces:
to make them internally consistent and in conformity with final action on the pro
Development shall occur substantially as shown in the approved Exhibits. Any prop(
development substantially different from this approval, shall require an amendmer
this approval.
2. The Developer shall comply with all applicable provisions of federal, state and 1’
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of
Tentative Tract Map as approved by the final decision making body. The Tract F
shall reflect the conditions of approval by the City. The Map copy shall be submitte
the City Engineer and approved prior to building, grading, final map, or improver
plan submittal, whichever occurs first.
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4. reduced legible version of the approving resolution(s) on a 24” x 36” blueline drawi
5. Building permits will not be issued for development of the subject property unle:
District Engineer determines that sewer facilities are available at the time of applic
for such sewer permits and will continue to be available until time of occupancy. P
to this effect shall be placed on the final map.
6. The Developer shall pay the public facilities fee adopted by the City Council on Jul
1987, (amended July 2, 1991) and as amended from time to time, and any develop
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Muni
Code or other ordinance adopted to implement a growth management system or Fac:
and Improvement Plan and to fulfill the subdivider’s agreement to pay the F
facilities fee dated March 22, 1996, a copy of which is on file with the City Clerk a
incorporated by this reference. If the fees are not paid, this application will nc
consistent with the General Plan and approval for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to mit
conditions of overcrowding as part of the building permit application. The amow
these fees shall be determined by the fee schedule in effect at the time of building pt
application.
8. This project shall comply with all conditions and mitigation measures which are reql
as part of the Zone 1 Local Facilities Management Plan and any amendments ma(
that Plan prior to the issuance of building permits.
9. If any condition for construction of any public improvements or facilities, or the payr
of any fees in-lieu thereof, imposed by this approval or imposed by law on this reside
housing project are challenged this approval shall be suspended as provide(
Government Code Section 66020. If any such condition is determined to be invalid
approval shall be invalid unless the City Council determines that the project withoul
condition complies with all requirements of law.
10. Approval of CT 96-03 is granted subject to the approval of PUD 96-03, HDP 96-03,
SDP 96-04. CT 96-13 is subject to all conditions contained in of PUD 96-03, HDP
03, and SDP 96-04 for the Planned Development Permit, Hillside Developm
Permit, and Site Development Plan.
11. Prior to the issuance of the Final Map, Developer shall submit to the City a Notic!
Restriction to be filed in the office of the County Recorder, subject to the satisfactio:
the Planning Director, notifying all interested parties and successors in interest that
City of Carlsbad has issued a Tentative Tract Map by Resolution No. 4100 on the :
property owned by the Developer. Said Notice of Restriction shall note the propr
description, location of the file containing complete project details and all condition!
approval as well as any conditions or restrictions specified for inclusion in the Noticc
Restriction. The Planning Director has the authority to execute and record an amendn
to the notice which modifies or terminates said notice upon a showing of good cause
PC RES0 NO. 4100 -8-
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1 ll the Developer or successor in interest.
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12. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained fiom the Planning Director prior t
approval of the final map, grading permit, or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plans
maintain all landscaping in a healthy and thriving condition, free from weeds, trash
debris.
13. The first submittal of detailed landscape and irrigation plans shall be accompanied b
project’s building, improvement, and grading plans.
14. That the slopes west of Donna Drive and adjacent to Lots 8 and 27 shall be he:
landscaped with trees and ground cover to soften the visual impacts of these 5
areas, subject to the satisfaction of the Planning Director. I I
11 15. Building identification and/or addresses shall be placed on all new and existing builcl
so as to be plainly visible from the street or access road; color of identification ar
12 addresses shall contrast to their background color.
13 16. The Developer shall display a current Zoning and Land Use Map in the sales office :
14 times, or suitable alternative to the satisfaction of the Planning Director.
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17. All sales maps that are distributed or made available to the public shall include but nc
limited to trails, future and existing schools, parks and streets.
18. Prior to the recordation of the first final tract map or the issuance of building pen
whichever occurs first, the Developer shall prepare and record a Notice that this prop
may be subject to noise impacts fiom the proposed or existing Transportation Corrido
a form meeting the approval of the Planning Director and City Attorney (see Noise F
#1 on file in the Planning Department). I
I 19. Prior to the recordation of the first final tract map or the issuance of building pem
whichever occurs first, the Developer shall prepare and record a Notice that this propc
is subject to overflight, sight and sound of aircraft operating from McClellan-Palo.
Airport, in a form meeting the approval of the Planning Director and the City Attor
(see Noise Form #2 on file in the Planning Department).
20. Prior to the approval of the final map for any phase of this project, or where a map is
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 provide
deed restrict 4 dwelling units (including: Units one unit each on Lots 14,21,24 and
as affordable to lower-income households for the useful life of the dwelling units
accordance with the requirements and process set forth in Chapter 21.85 of the Carls
Municipal Code. The draft Affordable Housing Agreement shall be submitted to
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Planning Director prior to submittal of final map. The recorded Affordable Hc
Agreement shall be binding on all future owners and successors in interest.
21. Within 90 days of the approval of CT 96-03, the Developer shall pay to the City
to purchase .5 of an affordable housing subsidy unit as permitted pursua
Section 21.85.040(c) of the Carlsbad Municipal Code, unless an alternate meth
satisfying the fractional affordable housing requirement is approved in
Affordable Housing Agreement.
22. The Developer shall construct the required inclusionary units concurrent wid
project’s market rate units, unless both the final decision making authority of the Cit
the Developer agree within an Affordable Housing Agreement to an alternate sch
for development.
23. The Developer shall establish a homeowners’ association and corresponding cover
conditions and restrictions. Said CC&Rs shall be submitted to and approved b
Planning Director prior to final map approval. Prior to issuance of a building perm
Developer shall provide the Planning Department with a recorded copy of the of]
CC&Rs that have been approved by the Department of Real Estate and the Plan
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. “General Enforcement by the City. The City shall have the right, but no
obligation, to enforce those Protective Covenants set forth in this Declaratic
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements. Ir
event that the Association fails to maintain the “Common Area Lots and01
Association’s Easements” as provided in Article , Section
City shall have the right, but not the duty, to perform the necessary maintena
If the City elects to perform such maintenance, the City shall give written nc
to the Association, with a copy thereof to the Owners in the Project, setting f
with particularity the maintenance which the City finds to be required
requesting the same be carried out by the Association within a period of tl
(30) days from the giving of such notice. In the event that the Association fai
carry out such maintenance of the Common Area Lots and/or Associatic
Easements within the period specified by the City’s notice, the City shall
entitled to cause such work to be completed and shall be entitled
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has performed
necessary maintenance to either Common Area Lots andor Associatic
Easements, the City shall submit a written invoice to the Association for all CI
incurred by the City to perform such maintenance of the Common Area Lots
or Association’s Easements. The City shall provide a copy of such invoict
each Owner in the Project, together with a statement that if the Association fail
pay such invoice in full within the time specified, the City will pursue collect
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against the Owners in the Project pursuant to the provisions of this Section.
invoice shall be due and payable by the Association within twenty (20) da
receipt by the Association. If the Association shall fail to pay such invoice i
within the period specified, payment shall be deemed delinquent and sh:
subject to a late charge in an amount equal to six percent (6%) of the am01
the invoice. Thereafter the City may pursue collection fiom the Associatic
means of any remedies available at law or in equity. Without limitin)
generality of the foregoing, in addition to all other rights and remedies avai
to the City, the City may levy a special assessment against the Owners of eac
in the Project for an equal prorata share of the invoice, plus the late charge.
special assessment shall constitute a charge on the land and shall be a conti]
lien upon each Lot against which the special assessment is levied. Each Ow
the Project hereby vests the City with the right and power to levy such SF
assessment, to impose a lien upon their respective Lot and to bring all
actions and/or to pursue lien foreclosure procedures against any Owner
hisher respective Lot for purposes of collecting such special assessme:
accordance with the procedures set forth in Article of
Declaration.”
12 24. The Developer shall dedicate on the final map, an open space easement for those por
prohibit any encroachment or development, including but not limited to fences, v 13
of lots 1, 4-9, 12, 13, 15, 17-20, 26-29 and 33 which are in slopes, in their entire
14 decks, storage buildings, pools, spas, stairways and landscaping other than that appr
as part of the landscape plans as shown on Exhibits “E” - “F”.
15 25. This project shall comply with all conditions and mitigation measures which are req1
16 as part of the approved Mitigated Negative Declaration as contained in Plan
Commission Resolution No. 4099 and contained in the Mitigation Monito 17 Program for Pacific View Estates attached thereto.
l8 26. The applicant shall apply for a 4(d) “Take” permit following submittal
19 application for grading permit and prior to issuance of that grading permit,
applicant shall obtain approval of the 4(d) “Take” permit by the Carlsbad t
20 Council.
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28. The RV storage area on Lot 8 shall be screened from adjacent properties and 22
27. Street lighting shall be provided pursuant to City standards.
street with a combination of screen walls, decorative fencing and landscapin!
approved by the Planning Director.
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29. The walls on Lots 4,5,6,7,9,11,12 and 28 are to be an earth tone color simila
that of the soil and are to be softened with landscaping subject to the satisfactiol
the Planning Director.
30. The Open Space designation on Lots 10,ll and 32 shall be removed and these ,
shall be designated for access purposes only.
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31. Prior to final map or grading permit whichever occurs first, the pro;
landscape plans shall be revised to include the landscaping of Lot 10. The desi
landscaping shall be to the satisfaction of the Planning Director. A land!
easement shall be placed over the entirety of Lot 10 and the project CC&Rs
include a provision requiring the maintenance of Lot 10 until such time as Lot
needed for access purposes for the adjacent property. At such time
Homeowners’ Association shall relinquish the landscape maintenance easel
The project CC&Rs shall include a provision that fully discloses the fact thai
10 is intended to be paved and used as a driveway to access future developme
the adjacent Dabbs’ property.
32. The applicant shall modify the configuration of access Lots 10 and 11 pe.
revised site plan Exhibit “X”, attached hereto. The modification of Lots 10 an
shall be reflected on the conforming mylar required as condition of pr
approval.
33. The Developer shall apply for and obtain a finding from the Housing Commi:
that the affordable housing aspect of the project is consistent with the HOL
Commission Guidelines on Second Dwelling Units, approved May 8,1997.
Engineering:
Unless specifically stated in the condition, all of the following engineering conditions.
upon the approval of this proposed major subdivision. must be met prior to approval of a
final map.
34. Prior to issuance of any building permit, the developer shali comply with
requirements of the City’s anti-graffiti program for wall treatments if and when su
program is formerly established by the City.
35. This project is approved for up to three final subdivision maps for the purpose
recordation.
36. If the developer chooses to record a final subdivision map out of the phase shown on
tentative map, the new phasing must be reviewed and approved or conditionally appro
by the City Engineer and Planning Director.
37. All concrete terrace drains shall be maintained by the homeowner’s association (ij
commonly owned property) or the individual property owner (if on an individu
owned lot). An appropriately worded statement clearly identifiing the responsib
shall be placed in the CC&Rs (if maintained by the Association) and on the final map.
38. The developer shall defend, indemnifl and hold harmless the City and its agents, offic
and employees from any claim, action or proceeding against the City or its age
officers, or employees to attack, set aside, void or null an approval of the City,
Planning Commission or City Engineer which has been brought against the City wit
the time period provided for by Section 66499.37 of the Subdivision Map Act.
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39. Prior to hauling dirt or construction materials to or from any proposed constructio
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 condition
requirements the City Engineer may impose with regards to the hauling operation.
40. Rain gutters must be provided to convey roof drainage to an approved draj
course or street to the satisfaction of the City Engineer. Alternatively, the deve
may submit to the City Engineer a letter from their soils engineer stating
approval of a drainage design which conveys runoff to a swale located less th:
from the building face.
41. The developer shall provide for sight distance corridors at all street intersectiol
accordance with Engineering Standards and shall record the following statement 0.
final map (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."
42. The developer shall pay all current fees and deposits required.
43. The owner of the subject property shall execute an agreement holding the City ham
regarding drainage across the adjacent property.
44. 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.
45. Based upon a review of the proposed grading and the grading quantities shown on
tentative map, a grading permit for this project appears to be required. The develc
must submit and receive approval for grading plans in accordance with City codes
standards prior to issuance of a building permit for the project.
46. 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 5
Water Resources Control Board.
47. No grading for private improvements shall occur outside the limits of the subdivi:
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 grading or SI
easement, or agreement, no grading permit will be issued. In that case the developer n
either amend the tentative map or modify the plans so grading will not occur outside
project site in a manner which substantially conforms to the approved tentative may
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determined by the City Engineer and Planning Director.
48. The owner shall make an offer of dedication to the City for all public street:
easements required by these conditions or shown on the tentative map. The offer sh,
made by a certificate on the final map for this project. All land so offered sh
granted to the City free and clear of all liens and encumbrances and without cost I
City. Streets that are already public are not required to be rededicated.
49. Prior to issuance of building permits, the developer shall underground all exi
overhead utilities within the subdivision boundary.
50. Direct access rights for all lots abutting Carlsbad Village Drive shall be waived o
final map.
51. The developer shall comply with the City‘s requirements of the National Poll
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the “California Storm Water Best Manage
Practices Handbook” to reduce surface pollutants to an acceptable level prior to disc1
to sensitive areas. Plans for such improvements shall be approved by the City Engi
Said plans shall include but not be limited to notifying prospective owners and ten=
the following:
a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives, and other ~
fluids shall not be discharged into any street, public or private, or into storm c
or storm water conveyance systems. Use and disposal of pesticides, fimgic:
herbicides, insecticides, fertilizers and other such chemical treatments shall 1
Federal, State, County and City requirements as prescribed in their respec
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollut
when planning any changes to the landscaping and surface improvements.
52. 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 security as provj
by law, improvements shown on the tentative map and the following improvements:
Phase 1
1. Full width street improvements of “A” Street. Improvements shall include,
are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting,
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2. Water and sewer utility stubs to Lot 10.
Phases 2
1. Full width street improvements of “B” Street and Wintergreen Drive TI
the Phase 2 boundaries. Improvements shall include, but are not limitt
curb, gutter, sidewalk, asphalt paving, and street lighting.
2. A 24’ wide paved travel way on “B” Street and Donna Drive from the Ph
boundary to its intersection with Carlsbad Village Drive. This travel way
emergency access purposes and shall be designed to the satisfaction of the
Engineer.
Phase 3
1. Full width street improvements of “B” Street within the Phase 3 bound:
Improvements shall include, but are not limited to, curb, gutter, side\
asphalt paving, and street lighting.
2. Half-width street improvements plus 12’ of additional paving on Donna D
Improvements shall include, but are not limited to, curb, gutter, sidev
asphalt paving, and street lighting.
3. Water and sewer utility stubs to Lot 32.
4. Removal and replacement of fencing, landscaping and access to the water 1
property.
A list of the above improvements shall be placed on an additional map sheet on the i
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvem
listed above shall be constructed within 18 months of approval of the secl
improvement agreement or such other time as provided in said agreement.
53. Prior to final map approval the developer shall enter into an agreement to transfer
ownership of Lots 10, 11, and 32, to the adjacent off-site properties.
54. Prior to approval of final map, the developer shall demonstrate to the satisfactio:
the City Engineer that all existing private access easements over the project site k
been quitclaimed or otherwise extinguished.
55. Access and utilities to all adjoining lots shall be available at all times, including dul
construction. Prior to issuance of grading permit, the developer shall submit a p
for review and approval by the City Engineer and Fire Marshall, which demonstr:
how access is to be maintained to adjoining properties during construction.
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56. The developer shall obtain a City right-of-way permit prior to begi~
construction of street improvements.
57. Prior to occupancy of the first unit in Phase 1, the developer shall enter into a
agreement with the City to pay, on demand by the City, one-fourth of the cost fa
design and construction of a traffic signal and advance warning systel
Wintergreen Drive and Hosp Way. This agreement shall terminate five years
the date of occupancy of the first unit in Phase 3 of the subdivision.
58. Prior to occupancy of the first unit in Phase 1, the developer shall enter into a I
agreement with the City to pay, on demand by the City, one-fourth of the cost fo
design and construction of a traffic signal and advance warning system at D
Drive and Carlsbad Village Drive. This agreement shall terminate five years fror
date of occupancy of the first unit in Phase 3 of the subdivision.
59. Prior to final map approval the developer shall acquire City-owned property SI
within the right-of-way for Street “B”.
60. Note(s) to the following effect(s) shall be placed on the final map as non-mapping da.
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the :
level may be placed or permitted to encroach within the area identified as a sight disi
corridor in accordance with City Standard Public Street-Design Criteria, Section 8
The underlying property owner shall maintain this condition.
6 1. The “B” Street connection to Wintergreen Drive is to remain barricaded and
inaccessible to traffic until such time that “B” Street is opened as a public
street. A lockable gate shall be provided at this connection point for access by
Pacific View Estates sales staff.
62. Prior to final map approval, the applicant shall obtain an easement from the
City for landscape maintenance purposes on the reservoir parcel.
63. The applicant shall work in conjunction with the adjacent property owner to
facilitate the installation of gas, electricity, and cable television stubs to Lot
10 and Lot 32. The applicant is not responsible for costs associated with
providing these utilities. All associated costs for labor, materials, connection
charges, and agency fees and deposits shall be borne by the adjacent
property owners.
Water District:
64. The entire potable water system, reclaimed water system and sewer system shal
evaluated in detail to ensure that adequate capacity, pressure and flow demands car
met.
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65. The Development shall be responsible for all fees, deposits and charges which w
collected before and/or at the time of issuance of the building permit. The San 1
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
66. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requiren
Also obtain GPM demand for domestic and irrigational needs from appro]
parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla
Department for processing and approval,
c. Prior to the preparation of sewer, water and reclaimed water improvement pk
meeting must be scheduled with the District Engineer for review, commen
approval of the preliminary system layouts and usages (i.e. GPM - EDU)
67. This project is approved upon the expressed condition that building permits will n’
issued for development of the subject property unless the water district servinh
development determines that adequate water service and sewer facilities are availab
the time of application for such water service and sewer permits will continue t
available until time of occupancy. This note shall be placed on the final map.
68. The Developer shall improve the north and west boundaries of the reservoir
property through grading, construction of curb, gutter, sidewalks, and :
surface to match “B” Street and Donna Drive improvements, install new entr
driveway to the reservoir site, and provide a gate, security fencing and landsca]
subject to the satisfaction of the District Engineer. On the east boundary to
reservoir, the Developer shall provide grading, security fencing and landscapin
the satisfaction of the District Engineer.
69. The Developer shall grade the reservoir property and construct road improvem
to match “B” Street and Donna Drive improvements.
70. Prior to approval of the final map or issuance of grading permit, whichever ocq
first, the Developer shall consult with the Water District regarding the relocatio
the existing water pipeline easement on the property. The Developer shall relo
the water pipeline within a 15 to 20 foot wide easement, at a location to be revie
and approved by the District Engineer prior to final map or grading per
whichever occurs first. In return, the Water District will quitclaim the exis
water pipeline easement. The exact size and location of the proposed easen
shown on the tentative tract map is preliminary, and may be modified.
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F'ire:
71. Prior to issuance of building permits, the Fire Departments shall evaluate building
for conformance with applicable fire and life safety requirements of the state and
Fire Codes.
72. Provide additional public fire hydrants at intervals of 500 feet along public streets a
private driveways. Hydrants should be located at street intersections when possiblt
should be positioned no closer than 100 feet fiom terminus of a street or driveway.
73. The applicant shall submit a site plan to the Fire Department for approval, which dc
the location of required, proposed and existing public water mains and fore hydrants.
plan should include off-site fore hydrants within 200 feet of the project.
74. The applicant shall submit a site plan depicting emergency access routes, driveway,
traffic circulation for Fire Department approval.
75. An all weather, unobstructed access road suitable for emergency service vehicles
be provided and maintained during construction. When in the opinion of the Fire C
the access road has become unserviceable due to inclement weather or other reasor
may, in the interest of public safety, require that construction operations cease unt
condition is corrected.
76. All required water mains, fire hydrants and appurtenances shall be operational b
combustible building materials are located on the construction site.
77. Prior to building occupancy, private roads and driveways which serve as required ac
for emergency service vehicles shall be posted as fire lanes in accordance wit2
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
78. Native vegetation which presents a fire hazard to structures shall be modified or rem
in accordance with the specifications contained in the City of Carlsbad Land:
Manual. The applicant shall submit a fire suppression plan to the Fire Departmer
approval.
79. The applicant shall provide a street map which conforms to the following requirem,
A 400 scale photo-reduction mylar, depicting proposed improvements at least
existing intersections of streets. The map shall also clearly depict street center1
hydrant locations and street names.
80. If any of the foregoing conditions fail to occur; or if they are, by their terms, t
implemented and maintained over time; if any of such conditions fail to bl
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance a
future building permits; deny, revoke or further condition all certificates of occup:
issued under the authority of approvals herein granted; institute and prosecute litigatic
compel their compliance with said conditions or seek damages for their violation
vested rights are gained by Developer or a successor in interest by the City's approv
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Tentative Tract Map, Planned Development Permit, Hillside Development PC
and Site Development Plan.
Standard Code Reminders:
The project is subject to all applicable provisions of Federal and State laws and local ordina
including but not limited to the following:
81. 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.
82. The Developer shall pay a landscape plan check and inspection fee as required by Se
20.08.050 of the Carlsbad Municipal Code.
83. The Developer shall provide the following note on the final map of the subdivisior
final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code established a Growth Manage]
Control Point for each General Plan land use designation. Development cannot ex
the Growth Control Point except as provided by Chapter 2 1.90. The land use design;
for this development is RLM dwelling units per non-constrained acre. All Parcels
used to calculate the intensity of development under the General Plan and Chapter 2
Subsequent redevelopment or resubdivision of any one of these parcels must also in(
all parcels under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code
84. The following note shall be placed on the Final Map: “Prior to issuance of a buil
permit for any buildable lot within the subdivision, the Developer shall pay a one-
special development tax in accordance with the City Council Resolution No. 91-39.”
85. Approval of this request shall not excuse compliance with all applicable sections o:
Zoning Ordinance and all other applicable City ordinances in effect at time of builc
permit issuance, except as otherwise specifically provided herein.
86. The project shall comply with the latest non-residential disabled access requirem
pursuant to Title 24 of the State Building Code.
87. 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.
88. Prior to occupancy of the first dwelling unit the Developer shall provide all requ
passive and active recreational areas per the approved plans, including landscaping
recreational facilities.
I 89. 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 Planr
Department.
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90. Any signs proposed for this development shall at a minimum be designed in conforn
with the City's Sign Ordinance and shall require review and approval of the Plaj
Director prior to installation of such signs.
91. The developer shall exercise special care during the construction phase of this projt
prevent offsite siltation. Planting and erosion control shall be provided in accorc
with the Carlsbad Municipal Code and the City Engineer.
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92. Some improvements shown on the tentative map and/or required by these conditior
located offsite on property which neither the City nor the owner has sufficient tit
interest to permit the improvements to be made without acquisition of title or intt
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plar
Commission of the City of Carlsbad, California, held on the 18th day of June 1997, b:
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Nc
Savary and Welshons
NOES: None
ABSENT: Commissioner Heineman
ABSTAIN: None
"<# "1 /' .* >,
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': ,4 5 J .i' L"",~~~~"~"~.~ _" '~~..rs.;...~"--'~ - "". . *:, 1
RO%RT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMIIXER
Planning Director
28 11 PC RES0 NO. 4100 -20-
6 e EXHIBIT '
,EXHIBIT 'LOT 10
OPEN SPACE
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