HomeMy WebLinkAbout1997-11-05; Planning Commission; Resolution 41811
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PLANNING COMMISSION RESOLUTION NO. 4181
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO 35 DETACHED AIR SPACE CONDOMINIUM
UNITS ON PROPERTY GENERALLY LOCATED ON THE
NORTHWEST CORNER OF HARWICH DRIVE AND
EDGEWARE WAY IN LOCAL FACILITIES MANAGEMENT
ZONE 7
CASE NAME: CALAVERA HILLS VILLAGE L-1
CASE NO.: CT 97-04
WHEREAS, Clurman Company, Inc., “Developer”, has filed a VE
application with the City of Carlsbad regarding property owned by Clurman Company
“Owner”, described as
CARLSBAD TRACT NUMBER CT 97-04 TO SUBDIVIDE 6.3
Lot 1 of Carlsbad Tract No. 85-30 in the City of Carlsbad,
County of San Diego, State of California; According to Map
No. 11826, Filed in the Office of the County Recorder of San
Diego County May 29,1987.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative ’
Map as shown on Exhibit(s) “A”-“Q” dated November 5, 1997, on file in the Plar
Department Tentative Map CT 97-04, as provided by Chapter 20-12 of the Carlsbad Muni
Code; and
WHEREAS, the Planning Commission did, on the 5th day of November 1
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission of the City of Carlsbad as follows:
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1 ll A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Corn
APPROVES Tentative Tract Map CT 97-04, based on the following findini
subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivisi
condition, is consistent with and satisfies all requirements of the General Plan
applicable specific plans, Titles 20 and 2 1 .of the Carlsbad Municipal Code, and the
Subdivision Map Act, and will not cause serious public health problems, in tk
project: is a medium-high density single family detached condomi
development; is designed in accordance with the Subdivision Ordinance an1
applicable Chapters 21.45 (Planned Development Ordinance) and 21.53 (
Generally) of the Carlsbad Municipal Code; and also provides all necessary p
improvements to serve the demand generated by the development.
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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 development 01
General Plan, and the project is a residential development with a density of
du/acre, which is within the Residential Medium-High density range ar
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 with the exception of the three development stand
modifications requests (i.e.; proposed 24 foot wide private streets, 18 foot ga
setbacks and lot sizes less than 3,500 square feet in area) the project complies
all City standards for street widths, setbacks, grading and drainage for
development .
20 4. That the design of the subdivision or the type of improvements will not conflict
that the project has been designed and conditioned such that there are no coni
easements of record or easements established by court judgment, or acquired bj
with any established easements.
21 public at large, for access through or use of property within the proposed subdivisio
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. 23 11 5. That the property is not subject to a contract entered into pursuant to the :
24 11 Conservation Act of 1965 (Williamson Act).
25 6. That the design of the subdivision provides, to the extent feasible, for future passiT
26 natural heating or cooling opportunities in the subdivision, in that the area is domin
by westerly wind patterns which will allow the utilization of natural heating
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cooling opportunities and the dwelling units have been oriented to maximi2
passive heating and cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing pro
by this subdivision, the housing needs of the region, and balanced those housing
against the public service needs of the City and available fiscal and environn
resources.
8. That the design of the subdivision and improvements are not likely to cause subs1
environmental darnage nor substantially and avoidably injure fish or wildlife or
habitat, in that all feasible mitigation measures or project alternatives identifi
the certified Final MEIR 93-01 which are appropriate to this project have
incorporated into the project and no significant impacts to fish, wildlife or
respective habitats will occur.
9. That the discharge of waste from the subdivision will not result in violation of ex
California Regional Water Quality Control Board requirements, in that the projec
been designed in accordance with City required sewer and drainage faci
Pursuant to City Engineering standards, the project is conditioned to comply
National Pollution Discharge Elimination System (NPDES) standards to pr
any discharge violations.
10. The Planning Commission finds that the project, as conditioned herein for compl
with the Calavera Hills Master Plan, Local Facilities Management Plan Zone 7:
M Zoning, Planned Development and Inclusionary Housing 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 sinc
proposed density of 8.3 ddacre is within the density range of 8-15 dl
specified for the site as indicated on the Land Use Element of the General
and is at or below the growth control point of 11.5 du/acre.
b. Circulation. The project is conditioned to complete all necessary onsitc
offsite roadway improvements prior to the occupancy of any unit in
phase of the project.
c. Noise. As designed, the project is consistent with the City’s noise standa
60 dBA CNEL exterior and 45 dBA CNEL interior.
d. Housing. Pursuant to Housing Element Policy 3.6.b (1 5% Inclusionary Ho
Requirement), this project is required to provide 15% of it’s total units (35 u
.15 = 5.25 units) as affordable to lower income households. Consistent wit:
policy, the project will provide 5 condominium units which are affordat
lower income households. In addition, the remaining one-quarter
inclusionary housing requirement will be satisfied through the payment
inclusionary housing in-lieu fee to the City. All of the 5 affordable condomi
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units will have 4 bedrooms, thereby helping the City to achieve it’s large f
housing policy objective (Housing Element Policy 3.2).
That the project is consistent with the Housing Element of the General Pla
the Inclusionary Housing Ordinance as the Developer has been conditior
enter into an Affordable Housing Agreement to provide and deed rest
dwelling units as affordable to lower-income households and to purcha!
credit as permitted pursuant to Section 21.85.040(c) of the Car
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 app.
unless the City Council finds that sewer service is available to serve the pr
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 D
Engineer determines that sewer service is available, and building cannot
within’ the project unless sewer service remains available, and the D
Engineer is satisfied that the requirements of the Public Facilities Element I
General Plan have been met insofar as they apply to sewer service for this prc
b. Statutory School fees will be paid to ensure the availability of school facilit
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 appro]
condition to pay a public facilities fee. Performance of that contract and paj
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
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 pursua
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 7.
14. a. The Planning Director has found that, based on the EIA Part 11, this projec
described in the MEIR 93-01 as within its scope; AND there will be no add?
significant effect, not analyzed therein; AND that no new or additional mitic
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measures or alternatives are required; AND that therefore this Subsequent P
is within the scope of the prior EIR; and no new environmental documel
Public Resources Code 2 108 1 findings are required.
b. The Planning Commission finds that all feasible mitigation measures or p
alternatives identified in the MEIR 93-01 which are appropriate tc
Subsequent Project have been incorporated into this Subsequent Project.
15. Planning Commission finds that:
a. the project is a Subsequent Project described in CEQA Guidelines - 15 168
and (e);
b. the project is consistent with the City of Carlsbad General Plan Update ;
c. there was an MEIR certified in connection with the prior General Plan Upd’
d. the project has no new significant environmental effect not analyzed as signi
in the prior MEIR ;
e. none of the circumstances requiring Subsequent or a Supplemental EIR
CEQA Guidelines Sections 15 162 or 15 163 exist;
16. 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 CALAVERA HILLS VILLAGE L-1 (Exhibit(s) “A”-“Q”
November 5, 1997, on file in the Planning Department and incorporated bJ
reference, subject to the conditions herein set forth.) Staff is authorized and direc
make, or require Developer to make, all corrections and modifications to the Ten
Tract Map document(s), as necessary, to make them internally consistent a1
conformity with final action on the project. Development shall occur substantia
shown in the approved Exhibits. Any proposed development substantially different
this approval, 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 Developer shall provide the City with a reproducible 24” x 36“, mylar copy (
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 submit
the City Engineer and approved prior to building, grading, final map, or improvc
plan submittal, whichever occurs first.
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4. The Developer shall include, as part of the plans submitted for any permit plan chc
reduced, legible version of the approving resolutions on a 24” x 36” blueline dra
Said blueline drawing(s) shall also include a copy of any applicable Coastal DeveloI
Permit and signed approved site plan.
5. The final map shall not be approved unless the City Council finds as of the time oi
approval that sewer service is available to serve the subdivision.
6. 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 develo]
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 public fac
fee dated March 6, 1997, 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 n
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 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 r
application.
8. This project shall comply with all conditions and mitigation measures which are re(
as part of the Zone 7 Local Facilities Management Plan and any amendments m2.
that Plan prior to the issuance of building permits.
9. If any condition for construction of any public improvements or facilities, or the pa)
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 providt
Government Code Section 66020. If any such condition is determined to be invali
approval shall be invalid unless the City Council determines that the project with0
condition complies with all requirements of law.
10. Approval of CT 97-04 is granted subject to the approval of SDP 97-03 and CP S
CT 97-04 is subject to all conditions contained in CP 97-02 and SDP 97-03 PlaJ
Commission Resolutions No. 4182 and 4183 for the Condominium Permit an(
Development Plan.
11. 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 perm
Developer shall provide the Planning Department with a recorded copy of the oj
CC&Rs that have been approved by the Department of Real Estate and the Pla
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 nc
obligation, to enforce those Protective Covenants set forth in this Declarati
favor of, or in which the City has an interest. i PC RES0 NO. 4181 -6-
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b. Failure of Association to Maintain Common Area Lots and Easements. 1
event that the Association fails to maintain the “Common Area Lots andl
Association’s Easements” as provided in Article , Section
City shall have the right, but not the duty, to perform the necessary mainter
If the City elects to perform such maintenance, the City shall give written I
to the Association, with a copy thereof to the Owners in the Project, setting
with particularity the maintenance which the City finds to be requirec
requesting the same be carried out by the Association within a period of
(30) days from the giving of such notice. In the event that the Association f
carry out such maintenance of the Common Area Lots and/or Associa
Easements within the period specified by the City’s notice, the City sh
entitled to cause such work to be completed and shall be entit11
reimbursement with respect thereto 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 Associa
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 Lo1
or Association’s Easements. The City shall provide a copy of such invo
each Owner in the Project, together with a statement that if the Association fi
pay such invoice in full within the time specified, the City will pursue collc
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) d:
receipt by the Association. If the Association shall fail to pay such invoice :
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 Associati
means of any remedies available at law or in equity. Without limitir
generality of the foregoing, in addition to all other rights and remedies avs
to the City, the City may levy a special assessment against the Owners of ea(
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 SI
assessment, to impose a lien upon their respective Lot and to bring all
actions and/or to pursue lien foreclosure procedures against any Owne
hidher respective Lot for purposes of collecting such special assessmc
accordance with the procedures set forth in Article of
Declaration.”
d. A provision which prohibits the location of trees, shrubs or flam1
structures within the rear yard exclusive use areas of units 3-11,14 and
e. A provision which specifies that the first two vehicles owned by
homeowner must be parked within the garage.
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f. A provision which assigns permanent maintenance responsibility ts
homeowner's association for the open space easement area which is lo
in the westernhorthwestern area of the site.
12. Prior to final map approval, the Developer shall submit to the City a Notice of Restr
to be filed in the office of the County Recorder, subject to the satisfaction of the Pla
Director, notifying all interested parties and successors in interest that the C
Carlsbad has issued a Tentative Map by Resolution No. 41 8 1 on the real property (
by the developer. Said Notice of Restriction shall note the property description, lo
of the file containing complete project details and all conditions of approval as vc
any conditions or restrictions specified for inclusion in the Notice of Restriction.
Planning Director has the authority to execute and record an amendment to the I
which modifies or terminates said notice upon a showing of good cause by the dew
or successor in interest.
13. The Developer shall prepare a detailed landscape and irrigation plan in conformanct
the approved Preliminary Landscape Plan and the City's Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior I
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 plan
maintain all landscaping in a healthy and thriving condition, free from weeds, trasl
debris.
14. 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 z
addresses shall contrast to their background color.
15. Prior to occupancy of any units, the developer shall construct a directory sign :
entrance to the project. The design of this sign shall be approved by the Pla
Director.
16. The Developer shall display a current Zoning and Land Use Map in the sales office
times, or suitable alternative to the satisfaction of the Planning Director.
17. All sales maps that are distributed or made available to the public shall include but I
limited to trails, future and existing schools, parks, and streets.
18. 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 unit:
Developer shall enter into an Affordable Housing Agreement with the City to provid
deed restrict 5 dwelling units (including: Units 17, 25, 29, 34 and 35) as affordal
lower-income households for the useful life of the dwelling units, in accordance wi
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code
draft Affordable Housing Agreement shall be submitted to the Planning Direc
minimum of one (1) month prior to the submittal of the final map. The rec
Affordable Housing Agreement shall be binding on all future owners and successl
interest.
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19. The Developer shall construct the required inclusionary units concurrent wit
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 sck
for development.
20. Within 90 days of the approval of the final map for CT 97-04, the developer
pay to the City a fee in the amount of $7,525.00 to purchase .25 of an affor
housing subsidy as permitted pursuant to Section 21.85.040(c) of the Car
Municipal Code.
21. Prior to final map approval, a deed restriction shall be placed on units 3-11, 1'
15 to prohibit the location of trees, shrubs or flammable structures withi
exclusive use rear yard areas of these units.
22. Prior to the issuance of grading permits, the coastal sage scrub habitat whl
located in the western and northwestern portions of the site shall be staked
flagged in the field by a qualified biologist. A minimum of three notices sh:
posted within this area to specify that this area is off limits to grading
construction activity.
23. Prior to dwelling unit occupancy, each dwelling unit garage which is setbacl
than 20 feet from the fronting private street shall be equipped with a roll-up g;
door and an automatic garage door opener.
24. This project shall comply with all conditions and mitigation measures which are ret
as part of the approved CP 97-02 and SDP 97-03, as contained in Planning Comm
Resolutions No. 4182 and 4183.
25. Approval of CT 97-04 shall void CT 92-05.
26. This project is being approved as a condominium permit for residential homeown
purposes. If any of the units in the project are rented, the minimum time increme
such rental shall be not less than 26 days. The CC&Rs for the project shall incluc
' requirement.
Engineering:
27. 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.
28. There shall be one final subdivision map recorded for this project.
Note: 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 approvz
final map.
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29. The developer shall provide an acceptable means for maintaining the private easel
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.
30. All concrete terrace drains shall be maintained by the homeowner's association (
commonly owned property) or the individual property owner (if on an indivic
owned lot). An appropriately worded statement clearly identifying the responsj
shall be placed in the CC&Rs (if maintained by the Association) and on the Final M;
3 1. The developer shall defend, indemnify and hold harmless the City and its agents, ofj
and employees from any claim, action or proceeding against the City or its a
officers, or employees to attack, set aside, void or null an approval of the Cic
Planning Commission or City Engineer which has been brought against the City 1
the time period provided for by Section 66499.37 of the Subdivision Map Act.
32. 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 conditior
requirements the City Engineer may impose with regards to the hauling operation.
33. Rain gutters must be provided to convey roof drainage to an approved drainage cou
street to the satisfaction of the City Engineer.
34. The developer shall provide for sight distance corridors at all street intersectic
accordance with Engineering Standards and shall record the following statement c
Final Map (and in the CC&Rs).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches ab01
street level may be placed or permitted to encroach within the area identified as a
distance corridor in accordance with City Standard Public Street-Design Criteria, SI
8.B.3. The underlying property owner shall maintain this condition."
35. Prior to issuance of a building permit for any buildable lot within the subdivisio
property owner shall pay a one-time special development tax in accordance wit1
Council Resolution No. 91-39.
36. The developer shall pay all current fees and deposits required.
37. The owner of the subject property shall execute an agreement holding the City har
regarding drainage across the adjacent property.
38. The owner shall execute a hold harmless agreement for geologic failure.
39. Prior to approval of any grading or building permits for this project, the owner shal
written consent to the annexation of the area shown within the boundaries (
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subdivision plan into the existing City of Carlsbad Street Lighting and Landsc
District No. 1 on a form provided by the City.
40. Based upon a review of the proposed grading and the grading quantities shown (
tentative map, a grading permit for this project appears to be required. The devc
must submit and receive approval for grading plans in accordance with city code
standards prior to issuance of a building permit for the project.
41. No grading for private improvements shall occur outside the limits of the subdf
unless a grading or slope easement or agreement is obtained from the owners I
affected properties and recorded. If the developer is unable to obtain the grading or
easement, or agreement, no grading permit will be issued. In that case the developer
either amend the tentative map or modify the plans so grading will not occur outsic
project site in a manner which substantially conforms to the approved tentative m
determined by the City Engineer and Planning Director.
42. 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. All land so offered shall be granted to thc
free and clear of all liens and encumbrances and without cost to the City. Streets th
already public are not required to be rededicated.
43. Hamich Drive shall be dedicated by the owner along the project frontage based
center line to right-of-way width of 30 feet and in conformance with City of Ca
Standards.
44. Full width dedication of Edgeware Way shall be dedicated by the owner along the p:
frontage based on a right-of-way width of 56 feet and in conformance with Cj
Carlsbad Standards.
45. Direct access rights for all lots abutting Edgeware Way and Harwich Drive sh:
waived on the final map (except the approved entrance).
46. The developer shall comply with the City's requirements of the National Pol
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the "California Storm Water Best Managt
Practices Handbook" to reduce surface pollutants to an acceptable level prior to disc
to sensitive areas. Plans for such improvements shall be approved by the City Eng
Said plans shall include but not be limited to notifying prospective owners and tena
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, mot01
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
fluids shall not be discharged into any street, public or private, or into storm
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or storm water conveyance systems. Use and disposal of pesticides, fungi1
herbicides, insecticides, fertilizers and other such chemical treatments shall
Federal, State, County and City requirements as prescribed in their respc
containers.
c. Best Management Practices shall be used to eliminate or reduce surface poll1
when planning any changes to the landscaping and surface improvements.
47. Plans, specifications, and supporting documents for all public improvements sh
prepared to the satisfaction of the City Engineer. In accordance with City Standard
developer shall install, or agree to install and secure with appropriate security as pro
by law, improvements shown on the tentative map and the following improvements:
a. Completion of % width street improvements to Harwich Drive along the p
frontage.
b. Construction of full width street improvements to Edgeware Way alon,
project frontage, including a full width cul-de-sac and offsite connectio
complete this street.
C. On-site sewer, water, and stormdrains.
d. A list of the above improvements shall be placed on an additional map she
the final map per the provisions of Sections 66434.2 of the Subdivision May
Improvements listed above shall be constructed within 18 months of appro
the secured improvement agreement or such other time as provided in
agreement.
48. The design of all private streets and drainage systems shall be approved by the
Engineer. The structural section of all private streets shall conform to City of C~I
Standards based on R-value tests. All private streets and drainage systems sh;
inspected by the City. The standard improvement plan check and inspection fees sh
paid prior to approval of the final map or grading permit for this project.
49. Drainage outfall end treatments for any drainage outlets where a direct access roa
maintenance purposes is not provided, shall be designed and incorporated intc
gradinghmprovement plans for the project. These end treatments shall be designed
to prevent vegetation growth from obstructing the pipe outfall. Designs could consis
modified outlet headwall consisting of an extended concrete spillway section
longitudinal curbing and/or radially designed rip-rap, or other means deemed appror
as a method of preventing vegetation growth directly in front of the pipe outlet, t
satisfaction of the Community Services Director and the City Engineer.
50. Note(s) to the following effect(s) shall be placed on the final map as non-mapping dl
a. All improvements onsite are private and are to be privately maintained wir
exception of the Sewer, Water, and Storm Drain improvements that servc
subdivision.
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b. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its success1
interest has agreed to hold harmless and indemnify the City of C~I
from any action that may arise through any geological failure, g
water seepage or land subsidence and subsequent damage that may
on, or adjacent to, this subdivision due to its construction, operati
maintenance.
c. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches
the street level may be placed or permitted to encroach within the area iden
as a sight distance corridor in accordance with City Standard Public Street-D
Criteria, Section 8.B.3. The underlying property owner shall maintair
condition.
Fire:
51. Prior to issuance of building permits, the applicant shall submit to the Fire Depar
building plans which shall be evaluated for conformance with applicable fire an
safety requirements of the state and local Fire Codes.
52. Additional on-site public water mains and fire hydrants are required.
53. Provide additional public fire hydrants at intervals of 500 feet along public street 2
private driveways. Hydrants should be located at street intersections when possiblc
should be positioned no closer than 100 feet for terminus of a street or driveway.
54. Prior to issuance of the building permit, the applicant shall obtain the depan
approval of a wildland fuel management plan. The plan shall clearly indicate me
proposed to mitigate and manage fire risk associated with native vegetation grc
within 60 feet of structures. The plan shall reflect the standards presented in th
suppression element of the City of Carlsbad Landscape Guidelines Manual.
55. Prior to occupancy of buildings, all wildland fuel mitigation activities must be corn
and the condition of all vegetation within 60 feet of structures found to be in confom
with an approved wildland fuel management plan.
56. Landscape plans for wildland interface must be approved by the fire department pr
final building plans being approved.
Water:
57. Prior to final map approval the entire potable water system, reclaimed water systen
sewer system shall be evaluated in detail by the District Engineer to insure that ade
capacity, pressure and flow demands can be met.
58. The Developer 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 I
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County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
59. Sequentially, the Developers 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 pl,
meeting must be scheduled with the District Engineer for review, comer
approval of the preliminary system layouts and usages (i.e., GPM - EDU).
60. This project is approved upon the expressed condition that building permits will r
issued for development of the subject property unless the water district servin
development determines that adequate water service and sewer facilities are availa
the time of application for such water service and sewer permits will continue
available until time of occupancy. This note shall be placed on the final map.
61. All landscape plans shall be submitted to the City's Landscape architect at tht
of Carlsbad, Planning Department, 2075 Las Palmas Drive, Carlsbad, Calif
92009.
62. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the rij
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of occu
issued under the authority of approvals herein granted; institute and prosecute litigat
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 appro
this Resolution.
Code Reminders:
63. The Developer shall pay park-in-lieu fees to the City, prior to the approval of thc
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
64. The Developer shall pay a landscape plan check and inspection fee as required by S8
20.08.050 of the Carlsbad Municipal Code.
65. The Developer shall provide the following note on the final map of the subdivisic
1 final mylar of this development submitted to the City:
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"Chapter 21.90 of the Carlsbad Municipal Code establishes 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 RMH. The Growth Control Point for this designation is
dwelling units per non-constrained acre.
All parcels 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 all parcels under the General Plan and Chapter 21.90 (
Carlsbad Municipal Code."
66. The following note shall be placed on the Final Map: "Prior to issuance of a bu:
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."
67. Approval of this request shall not excuse compliance with all applicable sections (
Zoning Ordinance and all other applicable City ordinances in effect at time of bui
permit issuance, except as otherwise specifically provided herein.
68. The project shall comply with the latest non-residential disabled access require1
pursuant to Title 24 of the State Building Code.
69. The Developer shall submit a street name list consistent with the City's street name I
subject to the Planning Director's approval prior to final map approval.
70. Prior to occupancy of the first dwelling unit the Developer shall provide all rec
passive and active recreational areas per the approved plans, including landscapin
recreational facilities.
71. All landscape and irrigation plans shall be prepared to conform with the Land
Manual and submitted per the landscape plan check procedures on file in the Pla
Department.
72. Any signs proposed for this development shall at a minimum be designed in confom
with the City's Sign Ordinance and shall require review and approval of the P1a1
Director prior to installation of such signs.
73. The developer shall exercise special care during the construction phase of this projl
prevent offsite siltation. Planting and erosion control shall be provided in accorc
with the Carlsbad Municipal Code and the City Engineer.
74. Some improvements shown on the tentative map and/or required by these conditio1
located offsite on property which neither the City nor the owner has sufficient ti
interest to permit the improvements to be made without acquisition of title or in1
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
~
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 5th day of November 1997, t
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners, Compas, Heine
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
Gii5-=? ROBERT NIELSEN, Chairperson
CAFUSBAD PLANNING COMMISSION
ATTEST: .
MICHAEL JYOLZMILLER
Planning Director
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