HomeMy WebLinkAbout1998-01-07; Planning Commission; Resolution 4229e 0
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PLANNING COMMISSION RESOLUTION NO. 4229
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-01 TO
SUBDIVIDE 52.1 ACRES INTO 77 LOTS ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD AND WEST OF MELROSE DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 18
CASE NAME: RANCHO CARFULLO VILLAGE H
CASE NO. : CT 97-01
WHEREAS, CONTINENTAL RANCH, INC., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CONTINENTAL :
INC. , “Owner”, described as
All that portion of Section 13, Township 12 South, Range 4 West,
San Bernardino Meridian, and all that Portion of Section 18 and
19 of Township 12 South, Range 3 West, San Bernardino
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 Tentat
Map as shown on Exhibit(s) “A”-“K” dated January 7, 1998, on file in the
Department CT 97-01 - Rancho Carrillo Village H, as provided by Chapter 20.1
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of January I!
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of Tentative Tract Map CT 97-01
Carrillo Village H, based on the following findings and subject to the
conditions:
Findings: -
1. That the proposed map and the proposed design and improvement of the subdi
conditioned, is consistent with and satisfies all requirements of the General I
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in
project is proposing densities within the Growth Management Control Poi
to the recordation of any final map the deeding of an acceptable school si
San Marcos Unified School District and a financing plan approved by
Marcos School District guaranteeing the construction of the necessar
facilities must occur; the mitigation of onsite surface runoff so as not to :
and offsite downstream properties is required; major offsite sewer line cons
is required; prior to recordation of the final map an affordable housing a9
must be entered into which provides for and deed restricts dwelling
affordable to lower income households for the useful life of the dwelling un
35% of the net developable acreage of the Master Plan has been left as ope
the construction of Melrose Drive and access to this subdivision from it is r
prior to occupancy the construction of noise walls to meet the standards c
within the General Plan is required; a parks agreement between the
Carlsbad and the property owners has been completed; and all densities, !
parking, recreational space, streets and storage meet the minimum standar
Planned Development Ordinance.
2. That the proposed project is compatible with the surrounding future land u!
surrounding properties are designated for residential development on the Genera
3. That the site is physically suitable for the type and density of the development
site is adequate in size and shape to accommodate residential development at th
proposed, in that the residential development complies with all city poli'
standards, including zoning, without the need for variances from dew
standards.
4. That the design of the subdivision or the type of improvements will not coni
easements of record or easements established by court judgment, or acquire(
public at large, for access through or use of property within the proposed subdil
that the project has been designed and conditioned such that there are no
with any established easements.
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5. That the property is not subject to a contract entered into pursuant to
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future I
natural heating or cooling opportunities in the subdivision, in that the 8,000 sq
plus ridgetop lots allow for a variety of building placement alternatives, i
the adequate placement and separation of the homes, in combination with tl
variety of floor plans and the dominant sea breezeholar radiation patte
allow utilization of natural heating and cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing
by this subdivision, the housing needs of the region, and balanced those housi
against the public service needs of the City and available fiscal and envir
resources.
8. That the design of the subdivision and improvements are not likely to cause s'
environmental damage nor substantially and avoidably injure fish or wildlift
habitat, in that all feasible mitigation measures or project alternatives il
within the certified Final EIR 91-04 and MEIR 93-01 which are approprial
project have been incorporated into the project and no significant impact
wildlife, or their respective habitats will occur.
9. That the discharge of waste fiom the subdivision will not result in violation ol
California Regional Water Quality Control Board requirements, in that the 1
requirements of the Rancho Carrillo Master Plan and City of Carlsbad or
have been considered and appropriate drainage facilities have been desig
secured. In addition to City Engineering Standards and compliance with tl
Master Drainage Plan, National Pollution Discharge Elimination System (
standards will be satisfied to prevent any discharge violations.
10. The Planning Commission finds that the project, as conditioned herein for C
(Rancho Carrillo Village H), is in conformance with the Elements of the City'?
Plan, based on the following:
a. Land Use - The General Plan Land Use designation for this site
which allows a density range of 0-4 dwelling units per net develop2
with a Growth Management Control Point of 3.2 dwelling units
developable acre. Typically the RLM land use designation is approF
single family dwelling units. In conformance with this finding,
Carrillo Village H is proposing single family dwelling units. Rancho
Village H is proposing 2.5 dwelling units per net developable acre
within the allowable dwelling unit range and less than the
Management Control Point.
b. Circulation - The public street system serving this subdivision
Melrose Drive (a Circulation Element Arterial) and the project k
conditioned to provide the necessary improvements to this arteri.
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Circulation Element of the General Plan does not address private st]
provide direction for minimum street design standards fc
improvements.
c. Noise - Prior to the issuance of building permits for this project and
delayed architectural review process, the developer is required to cc
noise study which will indicate the extent of the constructi
combination of community theme walls and landscaped berms to z
noise to mitigate exterior noise to the 60 dBA CNEL level and to
interior noise levels of the future homes to 45 dBA CNEL.
d. Housing - Prior to the approval of the final map the developer m
entered into an Affordable Housing Agreement which ml
requirements set forth in Chapter 21.85 of the Carlsbad Municipal C
e. Open Space and Conservation - Over 35% of the net developable ac
the Rancho Carrillo Master Plan has been left as open space.
f. Public Safety - The project is conditioned to pay Public Facilities Fc
proposed project is required to provide streets, sidewalks, street 14
fire hydrants, as conditions of approval.
g. Parks and Recreation - The Rancho Carrillo Master Plan has entert Parks Agreement with the City of Carlsbad.
h. Arts - The EIR for the Rancho Carrillo Master Plan determined
Village did not have an significant aesthetic impact upon the environ
11. The project is consistent with the City-Wide Facilities and Improvements :
applicable local facilities management plan, and all City public facility poll
ordinances since:
a. The project has been conditioned to ensure that the final map will not be :
unless the City Council finds that sewer service is available to serve tht
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless thc
Engineer determines that sewer service is available, and building cam
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for thi:
b. The project is conditioned that prior to the recordation of a final
deeding of an acceptable school site to the San Marcos Unified
District and a financing plan approved by the San Marcos Unifiec
District guaranteeing the construction of necessary elementaq
facilities pursuant to that dedication is required.
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c. The Rancho Carrillo Master Plan has entered into a Parks Agreen
the City of Carlsbad.
d. All necessary public improvements have been provided or are rec
conditions of approval.
e. The developer has agreed and is required by the inclusion of an a1
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
12. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any i
requirements established by a Local Facilities Management Plan prepared pu
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avail
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 1
Local Facilities Management Plan for Zone 18.
14. That the project is consistent with the City’s Landscape Manual, adopted by CitJ
Resolution No. 90-384.
15. The Planning Commission finds that the Planning Director has determined that:
a. the project is a subsequent development as described in CEQA Guideline
15168(c)(2) and (e), and 15183;
b. the project is consistent with the General Plan Master EIR (MEIR 93-C
and the Rancho Carrillo Master Plan EIR 91-04;
c. there were EIRs certified in connection with the prior 1994 General Plal
Update and Rancho Carrillo Master Plan Amendment;
d. the project has no new significant environmental effect not analyzed as
significant in the prior EIRs;
e. none of the circumstances requiring Subsequent or a Supplemental EIR UI
CEQA Guidelines Sections 15 162 or 15 163 exist.
16. The Planning Commission has reviewed each of the exactions imposed on the C
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts cause by or reasonably related to the project, and the extenl
degree of the exaction is in rough proportionality to the impact caused by the proj
...
I I .**
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Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the
Tract Map for the project entitled CT 97-01 (Rancho Carrillo Village H) (:
“A”-“K” dated January 7,1998 on file in the Planning Department and incoy
this reference, subject to the conditions herein set forth.) Staff is authorized an(
to make, or require Developer to make, all corrections and modifications to the
Tract Map document(s), as necessary, to make them internally consisten
conformity with final action on the project. Development shall occur substa
shown in the approved Exhibits. Any proposed development substantially diffe
this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
Note: Unless specifically stated in the condition, all of the following conditions,
approval of this proposed major subdivision, must be met prior to approval (
map.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, dc
hold harmless the City of Carlsbad, its Council members, officers, employees, ai
representatives, from and against any and all liabilities, losses, damages, demanc
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Conditional Use PC
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar coy
Tentative Map as approved by the final decision making body. The Tentat
shall reflect the conditions of approval by the City. The Map copy shall be sub]
the City Engineer and approved prior to building, grading, final map, or impr
plan submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devc
Permit and signed approved site plan.
6. The final map shall not be approved unless the City Council finds as of the timt
approval that sewer service is available to serve the subdivision.
7. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of ap
PC RES0 NO. 4229 6
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for such sewer permits and will continue to be available until time of occupant!
to this effect shall be placed on the final map.
8. The Developer shall pay the public facilities fee adopted by the City Council 01
1987, (amended July 2, 1991) and as amended from time to time, and any de\
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad 1
Code or other ordinance adopted to implement a growth management system OT
and Improvement Plan and to fulfill the subdivider’s agreement to pay tl.
facilities fee dated January 10, 1997, a copy of which is on file with the City (
is incorporated by this reference. If the fees are not paid, this application w
consistent with the General Plan and approval for this project will be void.
9. Prior to approval of a final map or the issuance/approval of a building permit, w
occurs first, the Developer shall submit evidence to the Planning Director that il
school facilities have been mitigated in conformance with the City’s
Management Plan to the extent permitted by applicable state law. If the r
involves a financing scheme such as a Mello-Roos Community Facilities Distr
is inconsistent with the City’s Growth Management Plan, including City Couni
Statement No. 38, the Developer shall disclose to future owners in the projec
maximum extent possible, the existence of the tax and that the school district is t
agency responsible for the financing district.
10. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 18 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
General Conditions
1 1. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this rc
housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in7
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
12. Approval of CT 97-01 is granted subject to the approval of PUD 97-01. CT
subject to all conditions contained in Resolution No. 4230 for the Plann
Development.
13. The Developer shall establish a homeowner‘s association and corresponding c(
conditions and restrictions. Said CC&Rs shall be submitted to and approve
Planning Director prior to final map approval. Prior to issuance of a building p’
Developer shall provide the Planning Department with a recorded copy of thc
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
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a. General Enforcement by the City. The City shall have the right, bc
obligation, to enforce those Protective Covenants set forth in this Decl
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easement,
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements” the City shall have the right, but not the
perform the necessary maintenance. If the City elects to perfc
maintenance, the City shall give written notice to the Association, wii
thereof to the Owners in the Project, setting forth with particul
maintenance which the City finds to be required and requesting the
carried out by the Association within a period of thirty (30) days fiom t
of such notice. In the event that the Association fails to carry
maintenance of the Common Area Lots and/or Association’s Easemet
the period specified by the City’s notice, the City shall be entitled to cs
work to be completed and shall be entitled to reimbursement with respec
from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perfo
necessary maintenance to either Common Area Lots and/or Ass(
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such i~
each Owner in the Project, together with a statement that if the Associatio
pay such invoice in full within the time specified, the City will pursue c
against the Owners in the Project pursuant to the provisions of this Sectil
invoice shall be due and payable by the Association within twenty (20:
receipt by the Association. If the Association shall fail to pay such invoi,
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the a]
the invoice. Thereafter the City may pursue collection from the Assoc
means of any remedies available at law or in equity. Without lim
generality of the foregoing, in addition to all other rights and remedies :
to the City, the City may levy a special assessment against the Owners of
in the Project for an equal prorata share of the invoice, plus the late charg
special assessment shall constitute a charge on the land and shall be a cc
lien upon each Lot against which the special assessment is levied. Each (
the Project hereby vests the City with the right and power to levy sucl
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any OP
hisker respective Lot for purposes of collecting such special assessment.
14. Prior to the issuance of the building permits, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interesl
City of Carlsbad has issued a(n) Tentative Map by Resolution No. 4229 on
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i
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all con(
approval as well as any conditions or restrictions specified for inclusion in the :
Restriction. The Planning Director has the authority to execute and record an an
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
15. This approval shall be null and void if the project site subject to this appro1
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The (
not issue any grading, building, or other permit, until the annexation is comple
City Manager is authorized to extend the 60 days, for a period not to exceel
certain, upon a showing of good cause.
16. Prior to the recordation of the final map, the developer and successive own
agree to hold the City of Carlsbad or any other public service agency harm1
liability for any damage to the driveway of Lots 11, 43, and 69 when being
perform a public service.
Landscape
17. Prior to occupancy of individual units, the applicant shall construct the COI
themehoise attenuation walls shown on the Landscape Concept Plan Exhib
January 7,1998 in conformance with the required noise study.
18. Prior to issuance of building permits, the applicant shall submit a detail1
study addressing conformance with the Noise Element of the General
conformance with the required noise study.
19. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 7
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, t:
debris.
20. Building identification and/or addresses shall be placed on all new and existing k
so as to be plainly visible from the street or access road; color of identificatio
addresses shall contrast to their background color.
Miscellaneous Plannine Conditions
21. The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit District
Planning Director. Said facilities, if required, shall at a minimum include a be
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from advertising, and a pole for the bus stop sign. The bench and pole shall be
to enhance or consistent with basic architectural theme of the project.
22. The Developer shall display a current Zoning and Land Use Map in the sales of
times, or suitable alternative to the satisfaction of the Planning Director.
23. All sales maps that are distributed or made available to the public shall include t
limited to trails, future and existing schools, parks and streets.
Environmental
24. The Developer shall diligently implement, or cause the implementation of, all a
mitigation measures identified in the Final EIR 91-04 and MEIR 93-01, inch
not limited to demonstration that means of solid waste disposal are a
acoustical studies are performed, attenuation barriers are constructed as n
and the monitoring of traffic is provided to conform to City standards.
25. The Developer shall implement, or cause the implementation of, the Rancho
Master Plan Environmental Impact Report Project Mitigation Monitol
Reporting Program, including but not limited to demonstration that means
waste disposal are available, acoustical studies are performed, attenuation
are constructed as necessary, and the monitoring of traffic is provided to COI
City standards.
26. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
may be subject to noise impacts from the proposed or existing Transportation Cc
a form meeting the approval of the Planning Director and City Attorney (see Nc
#I on file in the Planning Department).
27. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
is subject to overflight, sight and sound of aircraft operating from McClellan
Airport, in a form meeting the approval of the Planning Director and the City
(see Noise Form #2 on file in the Planning Department).
28. The Developer shall post aircraft noise notification signs in all sales and/or rent;
associated with the new development. The number and locations of said signs
approved by the Planning Director (see Noise Form #3 on file in the
Department).
29. The Developer shall dedicate on the final map, an open space easement for those
of lots 75, 76, and 77 which are (in slopes, wetlands, coastal sage scrub
constrained land plus all other lands set aside as part of the Citywide Open Space
in their entirety to prohibit any encroachment or development, including but no
to fences, walls, decks, storage buildings, pools, spas, stairways and landscapj
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than that approved as part of (the grading plan, improvement plans, 1:
revegetation program, landscape plan, etc.) as shown on Exhibits “A”-“K”.
30. Removal of native vegetation and/or construction of structures on Open Spacl
including but not limited to fences, walls, decks, storage buildings, pools, spas,
and landscaping, other than that approved as part of (the grading plan, imp
, plans, biological revegetation program, landscape plan, etc.) as shown on Exh,
“K”, is specifically prohibited, except upon written order of the Carlsl
Department for fire prevention purposes, or upon written approval of the
Director, and (California Coastal Commission if in Coastal Zone), based upon
from the Homeowners Association accompanied by a report from a
arboristhotanist indicating the need to remove specified trees and/or plants bt
disease or impending danger to adjacent habitable dwelling units. For areas CI
native vegetation the report required to accompany the request shall be prepa
qualified biologist.
Housing
3 1. Prior to the approval of the final map for any phase of this project, or where a m
being processed, prior to the issuance of building permits for any lots or L
Developer shall enter into an Affordable Housing Agreement with the City to prc
deed restrict dwelling units as affordable to lower-income households for the u
of the dwelling units, in accordance with the requirements and process set
Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable
Agreement shall be binding on all future owners and successors in interest.
32. The Developer shall construct the required inclusionary units concurrent
project’s market rate units, unless both the final decision making authority of the
the Developer agree within an Affordable Housing Agreement to an alternate
for development.
Engineering Conditions:
Note: Unless specifically stated in the condition, all of the following engineering co
upon the approval of this proposed major subdivision, must be met prior to approval (
map.
33. Prior to issuance of any building permit, the developer shall comply T
requirements of the City’s anti-graffiti program for wall treatments if and whe
program is formerly established by the City.
34. There shall be one final subdivision map recorded for this project. General Des
#13, on sheet 1 of 6 of the tentative map, shall be deleted. This deletion
indicated on the conforming mylar tentative map.
35. Prior to hauling dirt or construction materials to or from any proposed construt
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within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condj
requirements the City Engineer may impose with regards to the hauling operatio]
36. Rain gutters must be provided to convey roof drainage to an approved drainage
street to the satisfaction of the City Engineer.
37. The developer shall provide an acceptable means for maintaining the private e
within the subdivision and all the private: streets, sidewalks, street lights, stc
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties w
subdivision. Adequate provision for such maintenance shall be included with thc
subject to the approval of the City Engineer.
38. All concrete terrace drains shall be maintained by the homeowner’s associatic
commonly owned property) or the individual property owner (if on an ind
owned lot). An appropriately worded statement clearly identifying the respl
shall be placed in the CC&Rs (if maintained by the Association) and on the Fina:
39. The developer shall defend, indemnify and hold harmless the City and its agents
and employees from any claim, action or proceeding against the City or it
officers, or employees to attack, set aside, void or null an approval of the
Planning Commission or City Engineer which has been brought against the Ci
the time period provided for by Section 66499.37 of the Subdivision Map Act.
40. The developer shall provide for sight distance corridors at all street intersel
accordance with Engineering Standards and shall record the following stateme:
Final Map (and in the CC&Rs).
“No structure, fence, wall, sign, or other object over 30 inches above the
level may be placed or permitted to encroach within the area identified
sight distance corridor in accordance with City Standards. The under
property owner, or homeowner’s association shall maintain this conditic
41. Prior to issuance of a building permit for any buildable lot within the subdivj
property owner shall pay a one-time special development tax in accordance 7
Council Resolution No. 91-39.
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
regarding drainage across the adjacent property.
44. The subject property is within the boundaries of Assessment District No. 96-1 (
Drive). Upon the subdivision of land within the district boundaries, the owner 1
through assessments to subsequent owners only if the owner has executed 2
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Assessment District Pass-through Authorization Agreement. Said Agreement
provision regarding notice to potential buyers of the amount of the assessment
provisions and requires the owner to have each buyer receive and execute a 1
Assessment and an Option Agreement. In the event that the owner does not ex
Authorization Agreement, the assessment on the subject property must be paid 4
by the owner prior to final map approval.
45. As required by state law, the subdivider shall submit to the City an applic
segregation of assessments along with the appropriate fee. A segregation is not
if the developer pays off the assessment on the subject property prior to the recor
the final map. In the event a segregation of assessments is not recorded and p~
subdivided, the full amount of assessment will appear on the tax bills of each ne\;
46. The owner shall execute a hold harmless agreement for geologic failure.
47. Prior to approval of any grading or building permits for this project, the owner 5
written consent to the annexation of the area shown within the boundaric
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
48. Based upon a review of the proposed grading and the grading quantities show
tentative map, a grading permit for this project is required. The developer mu:
and receive approval for grading plans in accordance with City codes and standa
to issuance of a grading permit for the project.
49. Upon completion of grading, the developer shall ensure that an "as-graded" geolt
is submitted to the City Engineer. The plan shall clearly show all the geology as
by the grading operation, all geologic corrective measures as actually constru
must be based on a contour map which represents both the pre and post site gradi:
plan shall be signed by both the soils engineer and the engineering geologist. '
shall be prepared on a 24" x 36" mylar or similar drafting film and shall b
permanent record.
50. No grading for private improvements shall occur outside the limits of the sut
unless a grading or slope easement or agreement is obtained from the ownel
affected properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develo
either amend the tentative map or modify the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved tentativt
determined by the City Engineer and Planning Director.
5 1. Additional drainage easements may be required. Drainage structures shall be pro
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
52. The owner shall make an offer of dedication to the City for all public stri
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easements required by these conditions or shown on the tentative map. The offe
made by a certificate on the final map for this project. All land so offered
granted to the City free and clear of all liens and encumbrances and without cl
City. Streets that are already public are not required to be rededicated.
53. Prior to issuance of building permits, the developer shall underground all
overhead utilities along and within the subdivision.
54. The developer shall comply with the City’s requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro’
management practices as referenced in the “California Storm Water Best Mal
Practices Handbook” to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City I
Said plans shall include but not be limited to notifying prospective owners and t
the following:
a. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of tc
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their rj
containers.
c. Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements.
55. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stand
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the tentative map, and the following improveme
a. Installation of a fully actuated traffic signal at the “Village Entry” (“I
Street)/Melrose Drive intersection.
b. Melrose Drive - Full remaining prime arterial frontage improvemen
Palomar Airport Road to the southerly project boundary, with any I
transitions to existing grading/improvements.
A list of the above improvements, as well as the site specific private impro
indicated on the tentative map, shall be placed on an additional map sheet on
map per the provisions of Sections 66434.2 of the Subdivision Map A
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Improvements shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
56. The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fee
paid prior to approval of the final map for this project.
57. Notes to the following effect shall be placed on the final map as non-mapping dal
All improvements are private and are to be privately maintained, with the excl
the following:
0 Water lines.
0 Sewer lines as an exception.
58. This subdivision contains a remainder parcel. No building permit shall be issue
remainder parcel until it is further subdivided pursuant to the provisions of Title
Carlsbad Municipal Code.
59. The owner of this property on behalf of itself and all of its successors in int
agreed to hold harmless and indemnify the City of Carlsbad from any action
arise through any geological failure, ground water seepage or land subside
subsequent damage that may occur on, or adjacent to, this subdivision dl
construction, operation or maintenance.
60. No structure, fence, wall, sign, or other object over 30 inches above the street 1(
be placed or permitted to encroach within the area identified as a sight distance
in accordance with City Standards. The underlying property owner, or homt
association shall maintain this condition.”
6 1. The Developer shall enter into an agreement with the City to negotiate in good f
the owner of Bressi Ranch and offer to enter into an access and cost sharing a;
with the owner of Bressi Ranch whereby the owners of not more than ten (1(
developed on that particular portion of Bressi Ranch (the “Knoll”) depicted on
will have the recorded right to ingress and egress along H-A, H-B, and H-E St]
across proposed Lot No. 7. The width of the easement across Lot No. 7 st
minimum of forty six (46) feet.
The access and cost sharing agreement shall result in the parties granting rt
access easements along proposed H-A, H-B, and H-E Streets and across propc
No. 7 to be recorded concurrently with the approval of a final map on the “Kno
agreement with the City shall contain terms that make it run with the land and bc
into and recorded prior to final map on this Project to ensure the access t
recordation. That agreement shall be valid for a period of five (5) years or
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easement is granted, whichever comes first. If the agreement expires after five
Lot No. 7 may be developed.
Maintenance for all these streets within Village H of Ranch Carrillo sha
responsibility of the Rancho Carrillo Master Association and the owners of
Bressi Ranch who take access over these streets will be obligated to share in th,
costs of maintenance of the streets pursuant to Civil Code Section 845, as provic
access and cost sharing agreement.
The Master Declaration of Restrictions for Rancho Carrillo shall include the j
disclosure: “It is intended that a portion of the adjoining properties, referred tc
Knoll”, which adjoins Village H to the east, will be provided ingress and egres:
Village H of Rancho Carrillo. Such portion of the properties located in an area
currently known as Bressi Ranch.
62. Swimming pools located within 7’ of fill slopes that are greater than 30’ i
should have additional soils analysis conducted by a qualified soils engi
specific design recommendations
Map Corrections/Additions:
A. A typical plan view retaining wall detail shall be added to the “Tyl
Drainage’? detail on sheet 2 of 6 of the tentative map indicating t
minimum width shall be held from the face of any structure to the fac
retaining wall, and, a 3 ft. minimum width shall be held from the fac
structure to the flow line, regardless of the height of the proposed w:
shall be shown on the conforming mylar tentative map.
B. A drainage cross-section detail shall be added to sheet 2 of 6 of the I
map, indicating that a 5’ minimum width shall be held from the fac
structure to the face of any retaining wall, and, a 3 ft. minimum wit
be held from the face of any structure to the flow line, regardles
height of the proposed wall. This shall be shown on the conformin
tentative map.
C. The following shall be added to “General Design” note #11, on sheet
the conforming mylar tentative map: “Retaining walls which are ad(
be located a minimum of 5’ away from any structure. This 5’ distal
be measured from the face of the retaining wall to the face of any SI
A minimum of 3’ shall be held from the face of any structure to the f:
These requirements shall apply regardless of the height of any p
retaining wall.”
D. On sheet 1 of 6 of the conforming mylar tentative map, the des
“Remainder Parcel” shall be added to the “Key Map” for all of the I
located outside of the Village “H” subdivision boundary.
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E. Developer shall grant and record public open space easements on tl
adjacent to Melrose Drive and proposed Lot No. 77. These slopes
maintained by the Village "H" Homeowner's Association (HOA). 3
open space easements and HOA maintenance responsibility shall k
on the conforming mylar tentative map.
63. The following improvements as required in the Rancho Carrillo Master P1
and Local Facilities Management Plan (LFMP) for Zone 18 shall be guara
the satisfaction of the City Engineer. These improvements shall be subs
completed to the satisfaction of the City Engineer prior to occupancy of
dwelling unit within Rancho Carrillo:
a. Poinsettia Lane - Melrose Drive to Zone 18 Western Boundary
e Complete grading to ultimate right-of-way width to major
standards.
0 Construction of full major arterial standards from the intr
with Melrose Avenue to the entrance to Village J and the schol
b. El Fuerte Street - Through Zone 18
e Complete grading to ultimate right-of-way width.
e Construction of one lane in each direction from the s
boundary of the Master Plan to the entrance to Village T.
C. Sewer Facilities, including:
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12" main in Melrose Drive
12" main in, or adjacent to Poinsettia Lane
Buena/San Marcos Trunk (BSMT) 1, Section A
Buena/San Marcos Trunk (BSMT) 1, Section C
Buena/San Marcos Trunk (BSMT) 1, Section D
Buena/San Marcos Trunk (BSMT) 1, Section F
Buena/San Marcos Trunk (BSMT) 1, Section G
North La Costa Lift Station
d. Water Facilities, including:
e The portion of the proposed potable 24-inch main in thr
alignment of Melrose Avenue.
e The proposed pressure reducing station at the southeast c(
Zone 18.
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e The proposed potable 30-inch transmission line in the I
alignment of El Fuerte within Zone 18.
e The portion of the proposed reclaimed 8-inch main in the 1
alignment of Melrose Avenue.
e The proposed reclaimed 38-inch main in the proposed alignm
Fuerte within Zone 18.
e The proposed potable 12“ main from Melrose to El Fuerte
service Area E.
64. Prior to approval of any building permit, the developer shall reimburse thl
Carlsbad for frontage improvements for Palomar Airport Road, in accorda
the “Zone 18 Cost Distribution for Palomar Airport Road East, Project No.
Fire Conditions:
65. Additional onsite public water mains and fire hydrants are required.
66. Applicant shall submit a site plan to the Fire Department for approval, whic:
location of required, proposed and existing public water mains and fire hydra
plan should include offsite fire hydrants within 200 feet of the project.
67. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
68. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
systems and other fire protection systems shall be submitted to the Fire Depart
approval prior to construction.
Water Conditions:
69. The entire potable water system, reclaimed water system, and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demand
met.
70. The developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The Sz
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
71. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requi
Also obtain . demand for domestic and irrigational needs from appropriatt
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b. Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
c. Prior to the preparation of sewer, water, and reclaimed water improveml
a meeting must be scheduled with the District Engineer for review, corn
approval of the preliminary system layouts and usages (ie-GPM-EDU).
72. This project is approved upon the expressed condition that building permits w:
issued for development of the subject property unless the water district se~
development determines that adequate water service and sewer facilities are av
the time of application for such water service and sewer permits will contir
available until time of occupancy.
General Conditions:
73. If any of the foregoing conditions fail to occur; or if they are, by their terr
implemented and maintained over time, if any of such conditions fail i
implemented and maintained according to their terms, the City shall have tht
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viol2
vested rights are gained by Developer or a successor in interest by the City’s ap.
this Tentative Tract Map.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not 1
the following code requirements:
74. The Developer shall pay a landscape plan check and inspection fee as required bj
20.08.050 of the Carlsbad Municipal Code.
75. The following note shall be placed on the Final Map: “Prior to issuance of a
permit for any buildable lot within the subdivision, the Developer shall pay a
special development tax in accordance with the City Council Resolution No. 91 -:
76. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
77. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
78. The Developer shall submit a street name list consistent with the City’s strc
policy subject to the Planning Director’s approval prior to final map approval.
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79. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
80. Any signs proposed for this development shall at a minimum be designed in con
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
8 1. The developer shall exercise special care during the construction phase of this I
prevent off-site siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
82. An all weather, unobstructed access road suitable for emergency service vehicle;
provided and maintained during construction. When in the opinion of the Fire (
access road has become unserviceable due to inclement weather or other reasons
in the interest of public safety, require that construction operations cease
condition is corrected.
83. All required water mains, fire hydrants, and appurtenances shall be operation;
combustible building materials are located on the construction site.
84. Prior to final inspections, all security gate systems controlling vehicular access
equipped with a “Knox” key operated emergency entry device. Applicant shal
the Fire Prevention Bureau for specifications and approval prior to installation.
85. Prior to building occupancy, private roads and driveways which serve as requirt
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
86. An approved automatic fire sprinkler system shall be installed in buildings h
aggregate floor area exceeding 10,000 square feet.
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I PC RES0 NO. 4229 20
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 7th day of January 199
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following vote, to wit:
AYES: Chairperson Noble, Commissioner’s Compas, Heineman, :
5 Nielsen, Savary, and Welshons
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NOES:
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ABSENT:
ABSTAIN:
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ATTEST:
1hh-1 17 MICHAEL J. &ZM~~LER
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Planning Director
PC RES0 NO. 4229 21
0 0 Sheet 1 of 2
Exhibit I.
Bressi Ranch (The "Knoll")
Being a portion of Parcel One of Parcel Map No. 1763 in the City of Carisbad, Couni
San Diego, State of California according to the map thereof on file in the Office of
County Recorder of said county, being more particularly described as follows:
Beginning at the most Southeasterly comer of said Parcel One; thence along the Easi
line of said Parcel One North 02'38'00" (North 02'38'58" West record) West 2052.51
to the TRUE POINT OF BEGINNING; thence leaving said Easterly line South 87'22
West 250.00 feet; thence North 02"38'00" West 200.00 feet: thence North 60'48'06" E
167.71 feet; thence North 02"38'00" West 240.00 feet; thence South 87'22'00" V
450.00 feet; thence North 02'38'00" West 330.00 feet: thence North 42'22'00" E
353.55 feet; thence North 87'22'00" East 300.00 feet to the Easterly line of said Pa
One: thence along said Easterly line South 02"38'00" (South 02'38'58" East record) E
1095.00 feet to the TRUE POINT OF BEGINNING.
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