HomeMy WebLinkAbout1997-09-17; Planning Commission; Resolution 4175.*
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PLANNING COMMISSION RESOLUTION NO. 4175
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT NUMBER CT 97-08 TO SUBDIVIDE 2.49
ACRES INTO 17 SINGLE-FAMILY LOTS, THREE CUL-DE-
SAC DRIVEWAYS, AND ONE RECREATION FACILITY LOT,
FOR A TOTAL OF 22 LOTS, ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF UNICORN10 STREET
WEST OF EL FUERTE STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: MARVISTA AT LA COSTA
CASE NO.: CT 97-08
WHEREAS, TRC Development Corp. (d.b.a. “Avalon Homes”), “Develc
has filed a verified application with the City of Carlsbad regarding property owned by
Estate Collateral Management Company, “Owner”, described as
Lots 518 through 521, inclusive, of La Costa Meadows Unit No.
3, Map 7076, 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 Exhibit(s) “A” - “T” dated September 17, 1997, on file in the Plar
Department Marvista at La Costa (CT 97-08), as provided by Chapter 21.12 of the Car
Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of September :
hold a duly 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 September 17, 1997, the Planning Commission approvec
97-08, as described and conditioned in Planning Commission Resolution No. 4175,
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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 Commj
APPROVES Tentative Tract Map 97-08, based on the following finding;
subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivisil
conditioned, 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: at 8.1 dwelling units per net acre is consistent with the use and densi
the RMH (Residential - Medium High) designation of the Carlsbad General P1;
designed in accordance with the City’s Subdivision and Planned Develop
Ordinances and the City Council’s “Guidelines for the Development of Small 1
(Council Policy 44); provides all necessary public improvements to sew(
demand generated by the development, in accordance with the City’s Gr
Management Plan and the Subdivision Ordinance; and has been found b!
Planning Commission not to result in any significant, adverse environmc
impacts.
2. That the proposed project is compatible with the surrounding future land uses
surrounding properties are designated RMH (Residential - Medium High densit
the west, south, and east, and RLM (Residential - LowModerate density) tc
north on the General Plan, in that the two-story, small-lot, single-family design o
project will complement existing two-story single-family development to the ea!
well as two-story condominiums and rental units immediately to the west and s(
across Unicornio Street; and the courtyard driveway and unit clustc
configuration of the proposal is essentially similar to the courtyard driveway
cluster development of the project immediately to the west of the site, thus affor
a streetscape with a unified architectural theme.
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 proposes a small-lot, single-family subdivision devel
in keeping with the City Council’s “Guidelines for Development of Small I
(Council Policy 44), the lots of which may be sized down to a minimum of :
square feet, a size commensurate with clustered development on a small site
developable portion of the site is level, having been previously graded into r
pads, which grading supports the proposed small-lot development;
notwithstanding the small-lot configuration, the project will still provide adec
internal street widths for vehicular and pedestrian circulation; and
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development has worked successfully on a similarly configured and devel
property immediately to the west of the subject property.
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 subdivision has been designed and structured such that there arc
conflicts with any established 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 passi
natural heating or cooling opportunities in the subdivision, in that the area is domir
by westerly wind patterns which will allow the utilization of natural heating
cooling opportunities and that the site is located atop an approximately 60-foot
slope which enhances these opportunities.
7. That the Planning Commission has considered, in connection with the housing prop
by this subdivision, the housing needs of the region, and balanced those housing r
against the public service needs of the City and available fiscal and environm
resources;
8. That the design of the subdivision and improvements are not likely to cause subste
environmental damage nor substantially and avoidably injure fish or wildlife or
habitat, in that the building pad for the project consists of a primarily fill site, gr;
in the 1970s, void of historical resource materials, and which has been brushe
occasion to control weeds,. and is, therefore, lacking any vegetation or pote
habitat for fish or wildlife; and, as the site is an infill location, surrounded on
sides by existing development, therefore, lacking fish, wildlife or significant ha1
resources in the immediate neighborhood.
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 project
been designed in accordance with the Best Management Practices for water qu
protection and in accordance with the City’s sewer and drainage standards.
addition the project is conditioned to comply with the National Pollution Disch
Elimination System (NPDES) standards to prevent any discharge violations .
10. The Planning Commission finds that the project, as conditioned herein for compli:
with Local Facilities Management Zone 6 and compliance with the site’s R
zoning is in conformance with the Elements of the City’s General Plan, based on
following:
a. Land Use - The project is consistent with the City’s General Plan since
proposed density of 6.8 ddacre (8.1 du/net acre) is within the density range (
15 ddacre specified for the site as indicated on the Land Use Element ol
General Plan, and is at or below the growth control point of 11.5 du/acre. I PC RES0 NO. 4175 -3-
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b. Circulation - The 17 units of the project will generate approximately 170
of average daily traffic (ADT). This amount of additional traffic on ex
Unicornio Street is considered to be a minor increment to the existing t
flow. Unicornio is classified as a “Local” street with a design capacity (
ATD. El Fuerte, the adjacent cross street, is classified as a “Secol
Arterial”, with a design capacity of 10,000 to 20,000 ATD. The projec
have adequate access to Unicornio Street via the three courtyard cul-de-!
c. Noise - There are no significant sources of noise in the area, althougl
project is subject to overflight, sight, and sound of aircraft operati]
McClellan-Palomar Airport.
d. Housing - That the project is consistent with the Housing Element of the Gt
Plan and the Inclusionary Housing Ordinance as the Developer has
conditioned to enter into an Affordable Housing Agreement to provide and
restrict 2.55 dwelling units as affordable to lower-income households throug
purchase of 2.55 dwelling unit credits in the Villa Loma affordable hol
project as a “combined project”, as permitted pursuant to Se
21.85.040(c) of the Carlsbad Municipal Code and Council Policy 58.
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 c
General Plan have been met insofar as they apply to sewer service for this pro
b. Statutory School fees will be paid to ensure the availability of school facilitil
the San Marcos School District. The San Marcos School District has wria
letter, dated March 19, 1997, stating that school facilities will be available tc
project.
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 approp
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.
I PC RES0 NO. 4175 -4-
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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 addi
requirements established by a Local Facilities Management Plan prepared pursui
Chapter 2 1.90 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 6.
14. That the project is consistent with the City’s landscape Manual, adopted by City Cc
Resolution No. 90-384.
Conditions:
Planning:
1. The Planning Commission does hereby APPROVE the Tentative Tract Map fc
project entitled Marvista at La Costa (Exhibit(s) “A” - “T” dated September 17,
on file in the Planning Department and incorporated by this reference, subject t’
conditions herein set forth.) Staff is authorized and directed to make, or re
Developer to make, all corrections and modifications to the Tentative Tract
document(s), as necessary, to make them internally consistent and in conformity
final action on the project. Development shall occur substantially as shown il
approved Exhibits. Any proposed development substantially different from this app~
shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The DevelopedOperator shall and does hereby agree to indemnify, protect, defenc
hold harmless the City of Carlsbad, its Council members, officers, employees, agents
representatives, from and against any and all liabilities, losses, damages, demands, cl
and costs, including court costs and attorney’s fees incurred by the City arising, dir
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permi
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 he
including without limitation, any and all liabilities arising from the emission b
facility of electromagnetic fields or other energy waves or emissions.
4, The Developer shall provide the City with a reproducible 24” x 36”, mylar copy o
Tentative Map as approved by the final decision making body. The Tentative
shall reflect the conditions of approval by the City, The Map copy shall be submitt
the City Engineer and approved prior to building, grading, final map, or improve
plan submittal, whichever occurs first.
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5. The final map shall not be approved unless the City Council finds as of the time of
approval that sewer service is available to serve the subdivision.
6. 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.
7. The Developer shall pay the public facilities fee adopted by the City Council on Ju
1987, (amended July 2, 1991) and as amended from time to time, and any develor
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun
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 April 11, 1997, a copy of which is on file with the City Clerk 2
incorporated by this reference. If the fees are not paid, this application will n
consistent with the General Plan and approval for this project will be void.
8. The Developer shall provide proof of payment of statutory school fees to mi
conditions of overcrowding as part of the building permit application. The am01
these fees shall be determined by the fee schedule in effect at the time of building F
application.
9. This project shall comply with all conditions and mitigation measures which are recA
as part of the Zone 6 Local Facilities Management Plan and any amendments ma
that Plan prior to the issuance of building permits.
10. 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 resid(
housing project are challenged this approval shall be suspended as providc
Government Code Section 66020. If any such condition is determined to be invalic
approval shall be invalid unless the City Council determines that the project with01
condition complies with all requirements of law.
11. Approval of CT 97-08 is granted subject to the approval of PUD 97-05. CT 97-
subject to all conditions contained in PUD 97-05 for the Planned Development Per
12. The Developer shall establish a homeowner’s association and corresponding cove1
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 pr
the Developer shall provide the Planning Department with an acknowledg
from the California Department of Real Estate that the conditions contained h
pertaining to the CC&Rs shall be effectuated through the final CC&Rs approvc
the California Department of Real Estate. A recorded copy of the official CC
that have been approved by the Department of Real Estate and the Plar
Director shall be provided to the Planing Director within ten days of issuance (
Department’s public report. Said CC&Rs may not be amended without the amenc
PC RES0 NO. 4 175 -6-
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being submitted to and approved by both the Planning Director and the City Attorne:
a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but nc
obligation, to enforce those Protective Covenants set forth in this Declarati
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements. “1
event that the Association fails to maintain the “Common Area Lots and/(
Association’s Easements”, including the open space easement show
Exhibit “A”, as provided in Article , Section the City shall
the right, but not the duty, to perform the necessary maintenance. If the
elects to perform such maintenance, the City shall give written notice tc
Association, with a copy thereof to the Owners in the Project, setting forth
particularity the maintenance which the City finds to be required and requc
the same be carried out by the Association within a period of thirty (30) days
the giving of such notice. In the event that the Association fails to carry out
maintenance of the Common Area Lots and/or Association’s Easements v
the period specified by the City’s notice, the City shall be entitled to cause
work to be completed and shall be entitled to reimbursement with respect tl
from the Owners as provided herein.”
C. Special Assessments Levied by the City. “In the event the City has performt
necessary maintenance to either Common Area Lots and/or Associal
Easements, the City shall submit a written invoice to the Association for all
incurred by the City to perform such maintenance of the Common Area Lot
or Association’s Easement, including the open space maintenance easeme]
shown on Exhibit “A” . The City shall provide a copy of such invoice to
Owner in the Project, together with a statement that if the Association fails tl
such invoice in full within the time specified, the City will pursue colle
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 amo~
the invoice. Thereafter the City may pursue collection from 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 avaj
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 contil
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 SI
assessment, to impose a lien upon their respective Lot and to bring all
actions and/or to pursue lien foreclosure procedures against any Ownel
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hidher respective Lot for purposes of collecting such special assessme
accordance with the procedures set forth in Article of this Declaral
13. Prior to the issuance of the Final Map, Developer shall submit to the City a Not
Restriction to be filed in the office of the County Recorder, subject to the satisfacti
the Planning Director, notifying all interested parties and successors in interest th
City of Carlsbad has issued a Tentative Map by Resolution No. 4175 on thc
property owned by the Developer. Said Notice of Restriction shall note the prc
description, location of the file containing complete project details and all conditic
approval as well as any conditions or restrictions specified for inclusion in the Not:
Restriction. The Planning Director has the authority to execute and record an amenc
to the notice which modifies or terminates said notice upon a showing of good cau
the Developer or successor in interest.
14. No outdoor storage of materials shall occur onsite unless required by the Fire Chic
such instance a storage plan will be submitted for approval by the Fire Chief an
Planning Director.
15. Due to the length of the driveway aprons associated with Lots 3, 4,6, 10, 14 an
the CC&Rs shall prohibit the parking of all vehicles on these driveway aprons.
limitation does not pertain to the remaining lots of the project, where driv
aprons equal or exceed 20 feet in length.
16. The CC&Rs shall prohibit the storage of recreational vehicles in the required fronl
setback, in any required visitor parking space, or on any driveway apron.
17. The Developer shall prepare a detailed landscape and irrigation plan in conforrnancc
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior tt
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 plan5
maintain all landscaping in a healthy and thriving condition, fi-ee from weeds, trash
debris.
18. The Developer shall submit and obtain Planning Director approval of a uniform
program for this development prior to occupancy of any building.
19. Building identification and/or addresses shall be placed on all new and existing buil
so as to be plainly visible from the street or access road; color of identification a
addresses shall contrast to their background color.
20. The Developer shall provide bus stops to service this development at locations and
reasonable facilities to the satisfaction of the North County Transit District anc
Planning Director. Said facilities, if required, shall at a minimum include a bench
from advertising, and a pole for the bus stop sign. The bench and pole shall be des:
to enhance or consistent with basic architectural theme of the project.
PC RES0 NO. 4175 -8-
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21. The Developer shall post aircraft noise notification signs in all sales and/or rental o
associated with the new development. The number and locations of said signs sh
approved by the Planning Director (See Noise form #3 on file in the Pla
Department).
22. Prior to issuance of building permits, the Developer shall record an Avig
Easement for the property to the County of San Diego and file a copy o
recorded document with the Planning Director.
23. All garages of all dwelling units shall be equipped with automatic garage
openers.
24. The storage area for Recreation Vehicles shall be totally enclosed by a 6-foot,
split-face block wall, except at the west end [entrance], which shall have a gate
can be closed and latched. The gate may be constructed of painted wood or 1
fencing, but in any case shall effectively screen the view into the enclosed area
visible opening in the gate shall have an area greater than 1 inch by 1 inch, wit
total area of openings not to exceed 30 percent of the gate’s total area.
25. Prior to the approval of the final map for any phase of this project, or where a map
being processed, prior to the issuance of building permits for any lots or unitl
Developer shall enter into an Affordable Housing Agreement with the City to provid
deed restrict 2.55 dwelling units as affordable to lower-income households for the 1
life of the dwelling units, in accordance with the requirements and process set fol
Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Ho
Agreement shall be submitted to the Planning Director prior to the submittal o
final map. The recorded Affordable Housing Agreement shall be binding on all f
owners and successors in interest.
26. The Developer shall dedicate to the Home Owner’s Association on the final ma
open space maintenance easement for those portions of lots 2, 3, 4, 5, 9, 10, 11
15, and 16 as shown on Exhibit “A”, dated September 17,1997, which are in sl
to enable maintenance activities within the easement area, including, but not liI
to, monitoring, removal of debris and trash, preventing and remediating erc
and replanting.
27. Removal of native vegetation and development of open space within the open L
easement, including but not limited to fences, walls, decks, storage buildings, F
spas, stairways and landscaping, other than that approved as part of the grading pla
landscaping plans as shown on Exhibit “A’, is specifically prohibited, except
written order of the Carlsbad Fire Department for fire prevention purposes, or
written approval of the Planning Director, based upon a request from the Home01
Association accompanied by a report from a qualified arboristhotanist indicatin:
need to remove specified trees and/or plants because of disease or impending dang
adjacent habitable dwelling units. For areas containing native vegetation the r
required to accompany the request shall be prepared by a qualified biologist.
PC RES0 NO. 4175 -9-
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Engineering:
28. Prior to issuance of any building permit, the developer shall comply wit1
requirements of the City’s anti-graffiti program for wall treatments if and when s
program is formerly established by the City.
29. This project is approved for up to 2 final subdivision maps for the purpos
recordation.
30. If the developer chooses to record a final subdivision map out of the phase shown (
tentative map, the new phasing must be reviewed and approved or conditionally app~
by the City Engineer and Planning Director.
N0TE:Unless specifically stated in the condition, all of the following engineering cond
upon the approval of this proposed major subdivision must be met prior to approva
final map.
3 1. The developer shall provide an acceptable means for maintaining the private ease1
within the subdivision and all the private: streets, sidewalks, street lights, storm
facilities and sewer facilities located therein and to distribute the costs of
maintenance in an equitable manner among the owners of the properties withi
subdivision. Adequate provision for such maintenance shall be included with the C(
subject to the approval of the City Engineer.
32. The developer shall defend, indemnify and hold harmless the City and its agents, off
and employees from any claim, action or proceeding against the City or its ai
officers, or employees to attack, set aside, void or null an approval of the Cit)
Planning Commission or City Engineer which has been brought against the City P
the time period provided for by Section 66499.37 of the Subdivision Map Act.
33. Prior to hauling dirt or construction materials to or fi-om any proposed constructio~
within this project, the developer shall submit to and receive approval fi-om 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.
34. If a soils engineer does not approve, in writing, the proposed lot drainage,
gutters must be provided to convey roof drainage to an approved drainage course or
to the satisfaction of the City Engineer.
35. The developer shall pay all current fees and deposits required.
36. The owner of the subject property shall execute an agreement holding the City han
regarding drainage across the adjacent property.
37. 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 o
subdivision plan into the existing City of Carlsbad Street Lighting and Landsc;
District No. 1 on a form provided by the City.
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38. Based upon a review of the proposed grading and the grading quantities shown o
tentative map, a grading permit for this project appears to be required. The deve
must submit and receive approval for grading plans in accordance with City code
standards prior to issuance of a building permit for the project.
39. Direct access rights for all lots abutting Unicornio Avenue shall be waived on the
map except for those lots to be used for private street purposes.
40. 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 Engj
Said plans shall include but not be limited to notifying prospective owners and tensu
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
or storm water conveyance systems. Use and disposal of pesticides, fungi(
herbicides, insecticides, fertilizers and other such chemical treatments shall
Federal, State, County and City requirements as prescribed in their respe
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollt
when planning any changes to the landscaping and surface improvements.
4 1. Prior to issuance of a building permit, the applicant shall obtain a City right-of
permit for construction of the cross gutters and pedestrian ramps on Unicc
Avenue. 1 20 42. The design of all private streets and drainage systems shall be approved by the
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 sk
paid prior to approval of the final map for this project.
21 Engineer. The structural section of all private streets shall conform to City of Carl
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Fire:
plan should include off-site fire hydrants within 200 feet of the project. 26
43. Applicant shall submit a site plan to the Fire Department for approval, which de
location of required, proposed, and existing public water mains and fire hydrants.
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44. Applicant shall submit a site plan depicting emergency access routes, driveway
traffic circulation for Fire Department approval.
45. An all-weather, unobstructed access road suitable for emergency service vehicles sk
provided and maintained during construction. When in the opinion of the Fire Chit
access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require that construction operations cease untj
condition is corrected.
46. All required water mains, fire hydrants and appurtenances shall be operational ‘c
combustible building materials are located on the construction site.
47. Prior to final inspection, all security gate systems controlling vehicular access sh
equipped with a “JSnox”, key-operated emergency entry device. Applicant shall c(
the Fire Prevention Bureau for specification and approval prior to installation..
48. Prior to building occupancy, private roads and driveways which serve as required a’
for emergency service vehicles, shall be posted as fire lanes in accordance wit1
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
49. The applicant shall provide a street map which conforms to the following requireme:
400-scale photo-reduction mylar, depicting proposed improvements and at least
existing intersections or streets. The map shall also clearly depict street center
hydrant locations and street names.
50. 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 b
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 (
future building permits; deny, revoke or further condition all certificates of occup
issued under the authority of approvals herein granted; institute and prosecute litigatil
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
this Tentative Map.
Code Reminders:
51. The project is subject to all applicable provisions of local ordinances, including bu
limited to the following code requirements.
52. 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.
53. The Developer shall pay a landscape plan check and inspection fee as required by Sec
20.08.050 of the Carlsbad Municipal Code.
PC RES0 NO. 4175 -12-
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54. The Developer shall provide the following note on the final map of the subdivisio~
final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code established a Growth Managt
Control Point for each General Plan land use designation. Development cannot e:
the Growth Control Point except as provided by Chapter 21.90. The land use desigr
for this development is RDM (11.5) dwelling units per non-constrained acre.
Parcels 1 - 20 were used to calculate the intensity of development under the General
and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of
parcels must also include parcels 1 - 20 under the General Plan and Chapter 21.90 (
Carlsbad Municipal Code.”
55. The following note shall be placed on the Final Map: “Prior to issuance of a bui
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.”
5b. This approval shall become null and void if building permits are not issued foi
project within 18 months fiom the date of project approval.
57. 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 bui
permit issuance, except as otherwise specifically provided herein.
58. The project shall comply with the latest non-residential disabled access requirer
pursuant to Title 24 of the State Building Code.
59. All roof appurtenances, including air conditions, shall be architecturally integratec
concealed fiom view and the sound buffered from adjacent properties and street
substance as provided in Building Department Policy No. 80-6, to the satisfaction o
Directors of Community Development and Planning.
60. The Developer shall submit a street name list consistent with the City’s street r
policy subject to the Planning Director’s approval prior to final map approval.
61. Compact parking spaces shall be located in large groups, and in locations clearly mz
to the satisfaction of the Planning Director.
62. Prior to occupancy of the first dwelling unit the Developer shall provide all req
passive and active recreational areas per the approved plans, including landscaping
recreational facilities.
63. All landscape and irrigation plans shall be prepared to conform with the Lands
Manual and submitted per the landscape plan check procedures on file in the Plan
Department.
PC RES0 NO. 4175 -13-
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64. 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 P1a1
Director prior to installation of such signs.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plar
Commission of the City of Carlsbad, California, held on the 17th day of September 1997, b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Heineman, Monroy, NI
Savary and Welshons
NOES: None
ABSENT: Commissioner Compas
ABSTAIN: None
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/ ,~,.,+t.&.k<~ 4. ,(":;Lf . !p !; ~~-=-~~~-~-~~~.=~~.~~~~- ., F ,$/ "I w*..,., - -2%
ROBERT NIELSEN, Chairperson
CAFUSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4175 -14-