HomeMy WebLinkAbout1998-01-21; Planning Commission; Resolution 4225I 0 0
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PLANNING COMMISSION RESOLUTION NO. 4225
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 45 ACRES INTO 153 LOTS ON PROPERTY
GENERALLY LOCATED EAST OF EL CAMINO REAL AND
SOUTH OF FUTURE CANNON ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 8
CASE NAME: KELLY RANCH VILLAGE “E”
CASE NO.: CT 96-07
WHEREAS, Kelly Land Company, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Kelly Land Compa
“Owner”, described as
APPROVAL OF CARLSBAD TRACT NUMBER CT 96-07 TO
Portions of lots I and F of Rancho Agua Hedionda, in the County
of San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San Diego
County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
Map as shown on Exhibit(s) “A” -“C” dated January 21, 1998, on file in the
Department Kelly Ranch Village “E” CT 96-07, as provided by Chapter 20.12 of the 1
Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of Janua!
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 tc
and arguments, if any, of persons desiring to be heard, said Commission considered a1
relating to the Tentative Tract Map.
NOW, THEREFOREy BE IT HEREBY RESOLVED by the :
Cornmission 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 Cor
RECOMMENDS APPROVAL of Kelly Ranch Village “E” CT 964
on the following findings and subject to the following conditions:
Findinm:
1. The Planning Commission finds that the project, as conditioned herein for Kell
Village “E”, is in conformance with the Elements of the City‘s General Plan, 1
the following:
a) Land Use : The project is consistent with the City’s General Plan z
proposed density of 3.2 ddacre is below the density range of 4-8 ddacre
for the site as indicated on the Land Use Element of the General Plan, an
below the growth control point of 6.
b) Circulation : The project will provide a segment of Cannon Road w
circulation element roadway.
c) Noise : Noise will be attenuated to 60 dBA or less through constrt
sound attenuation walls along Cannon Road.
d) Housing : The project will provide housing for various segment!
community in that the project is consistent with the Housing Elemer
General Plan and the Inclusionary Housing Ordinance as the Developer 1
conditioned to enter into an Affordable Housing Agreement prior to fina’
provide and deed restrict a proportionate share of dwelling units as affol
lower-income households within an off-site facility that will sat
inclusionary housing requirement for the entire Kelly Ranch.
e) Open Space and Conservation : The project will not preclude the us
surrounding open space by the community at large.
~ f) Public Safety : All emergency services can adequately serve the projec
2. The project is consistent with the City-Wide Facilities and Improvements k
applicable local facilities management plan, and all City public facility polic
ordinances since:
a) The project has been conditioned to ensure that building permits will not 1
for the project unless the District Engineer determines that sewer sc
available, and building cannot occur within the project unless sewer
remains available, and the District Engineer is satisfied that the require]
the Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project.
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b) School fees will be paid pursuant to the agreement between the (
School District and Kelly Land Company, Inc.
c) Park-in-lieu fees are required as a condition of approval.
d) All necessary public improvements have been provided or are req
conditions of approval.
e) The developer has agreed and is required by the inclusion of an ap
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.
3. This project has been conditioned to comply with any requirement approved as p;
Local Facilities Management Plan for Zone 8.
4. That all necessary public facilities required by the Growth Management Ordin:
be constructed or are guaranteed to be constructed concurrently with the need
created by this project and in compliance with adopted City standards, in that a
of Cannon Road will be constructed for the length of the project.
5. The Planning Commission has reviewed each of the exactions imposed on the D
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 extent
degree of the exaction is in rough proportionality to the impact caused by the proj
6. That the proposed map and the proposed design and improvement of the subdil
condition, is consistent with and satisfies all requirements of the General P
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and 1
Subdivision Map Act, and will not cause serious public health problems, in
project is a single family residential subdivision which is consistent with the Genc
and the Kelly Ranch Master Plan.
7. That the proposed project is compatible with the surrounding future land us
surrounding properties are designated for single family development on the Gene
in that the proposal is also a single family development.
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8. That the site is physically suitable for the type and density of the development 5
site is adequate in size and shape to accommodate residential development at the
proposed, in that the project density is below the density range identifiec
General Plan and below the Growth Management control point of 6 units pel
9. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subdiv
that all necessary easements for access are required as conditions of approval
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10. That the property is not subject to a contract entered into pursuant to 1
Conservation Act of 1965 (Williamson Act).
11. That the design of the subdivision provides, to the extent feasible, for future p
natural heating or cooling opportunities in the subdivision, in that there are ~
exposures which can capture solar energy.
12. 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 envirc
resources;
13. That the design of the subdivision and improvements are not likely to cause SI
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project has been reviewed consistent with the C
Environmental Quality Act and no significant unmitigable adverse impa
identified.
14. That the discharge of waste from the subdivision will not result in violation oj
California Regional Water Quality Control Board requirements, in that
measures will be implemented as a condition of approval.
15. 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 a
requirements established by a Local Facilities Management Plan prepared pm
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail;
public facilities and will mitigate any cumulative impacts created by the project.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Tentative Tract Map document(s), as necessary, to mi
internally consistent and in conformity with final action on the project. Devc
shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, b
ordinances in effect at the time of building permit issuance.
3. The. Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
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 Tentative Tract F
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, 1
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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 co
Tentative Map as approved by the final decision making body. The Tentative 1
reflect the conditions of approval by the City. The Map copy shall be submitt
City Engineer and approved prior to building, grading, final map, or improven:
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 (resolution(s)) 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. 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
for such sewer permits and will continue to be available until time of occupancy,
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
1987, (amended July 2, 1991) and as amended from time to time, and any dew
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad h,
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill the subdivider's agreement to pay th
facilities fee dated November 11 , 1996 , a copy of which is on file with the C:
and 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.
8. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 8 Local Facilities Management Plan in effect at the time
map, including, but not limited to the following:
a) Construction of a portion of Cannon Road
b) Improvements to El Camino Real at the Cannon Road intersection.
c) Storm drain facilities in Cannon Road.
9. The Developer shall establish a homeowner's association and corresponding co
conditions and restrictions. Said CC&Rs shall be submitted to and approvec
Planning Director prior to final map approval. Prior to issuance of a building pe
Developer shall provide the Planning Department with a recorded copy of the
CC&Rs that have been approved by the Department of Real Estate and the 1
~ 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, bu
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in which the City has an interest.
b) Failure of Association to Maintain Common Area Lots and Easement5
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements” as provided in Article , Section
shall have the right, but not the duty, to perform the necessary maintenanc
City elects to perform such maintenance, the City shall give written noti
Association, with a copy thereof to the Owners in the Project, setting fc
particularity the maintenance which the City finds to be required and re
the same be carried out by the Association within a period of thirty (30) d
the giving of such notice. In the event that the Association fails to carry
maintenance of the Common Area Lots andor Association’s Easemenl
the period specified by the City’s notice, the City shall be entitled to ca
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 Assc
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 ir.
each Owner in the Project, together with a statement that if the Associatiol
pay such invoice in full within the time specified, the City will pursue CI
against the Owners in the Project pursuant to the provisions of this Sectic
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoic
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 ar
the invoice. Thereafter the City may pursue collection from the Associ
means of any remedies available at law or in equity. Without limj
generality of the foregoing, in addition to all other rights and remedies i
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 chari
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 C
the Project hereby vests the City with the right and power to levy suck
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any Om
hidher respective Lot for purposes of collecting such special assess
accordance with the procedures set forth in Article of this Declarti
10. The Developer shall provide proof of payment of school fees to mitigate condi
overcrowding as part of the building permit application. The amount of tb
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has been determined by the Carlsbad Unified School District school
mitigation agreement dated November 20,1997.
11. This approval shall be null and void if the project site subject to this approt
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 exceed
upon a showing of good cause.
12. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
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.
13. 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 in.
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
14. 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;
from advertising, and a pole for the bus stop sign. The bench and pole shall be 1
to enhance or consistent with basic architectural theme of the project.
15. Prior to the approval of the final map for any phase of this project, the D1
shall enter into an Affordable Housing Agreement with the City to provide a
restrict approximately 133 dwelling units to satisfy the inclusionary
ordinance requirement for the entire Kelly Ranch Master Plan, area of whic
attributed to Village “E” 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 draft Affordable J
Agreement shall be submitted to the Planning Director no later than April 31
The recorded Affordable Housing Agreement shall be binding on all future
and successors in interest.
16. The Developer shall display a current Zoning and Land Use Map in the sales off
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 b
limited to trails, future and existing schools, parks and streets.
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18. Prior to approval of the final map, the Developer shall be required: 1) to consult
United States Fish and Wildlife Service (USFWS) regarding the impact of the p
the Coastal California Gnatcatcher; and, 2) obtain any permits required by the U$
19. The Developer shall diligently implement, or cause the implementation of, all n
measures identified in the Mitigated Negative Declaration and attached M
Monitoring and Reporting Program.
20. Paleontology:
a) Prior to any grading of the project site, a paleontologist shall be re
perform a walkover survey of the site and to review the grading
determine if the proposed grading will impact fossil resources. A co]
paleontologist’s report shall be provided to the Planning Director prior to
of a grading permit;
b) A qualified paleontologist shall be retained to perform periodic inspectio
site and to salvage exposed fossils. Due to the small nature of some of tl.
present in the geologic strata, it may be necessary to collect matrix san
laboratory processing through fine screens. The paleontologist sk
periodic reports to the Planning Director during the grading process;
c) The paleontologist shall be allowed to divert or direct grading in the a1
exposed fossil in order to facilitate evaluation and, if necessary, salvage a
d) All fossils collected shall be donated to a public, non-profit institutio
research interest in the materials, such as the San Diego Natural History R
e) Any conflicts regarding the role of the paleontologist and the grading act
the project shall be resolved by the Planning Director and City Engineer.
2 1. Prior to the recordation of the final map, the Developer shall prepare and record
that this property may be subject to noise impacts from the proposed or
Transportation Corridor, in a form meeting the approval of the Planning Dire
City Attorney (see Noise Form #1 on file in the Planning Department).
22. Open space lot 147 shall be split into two lots. The second lot (No. 154) shall
the upland habitats.
23. The Developer shall dedicate an open space easement to the Home Owner’s Ass
on the final map for those portions of lots 148 and 154 which are in slopes, T
coastal sage scrub or other constrained land plus all other lands set aside as ps
Citywide Open Space System in their entirety to prohibit any removal oj
vegetation, encroachment or development, including but not limited to fence
decks, storage buildings, pools, spas, stairways and landscaping other than that I
as part of biological revegetation program and/or landscape plan as shown on
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“00-TT” or upon written order of the Carlsbad Fire Department for fire PI
purposes or upon written approval of the Planning Director based upon a request
Homeowner’s Association accompanied by a report from a qualified arborisl
indicating the need to remove specified trees and/or plants because of di
impending danger to adjacent habitable dwelling units. For areas containir
vegetation the report required to accompany the request shall be prepared by a
biologist.
24. The Developer shall dedicate an open space easement to the Home Owner’s Ass
on the final map, on recreatiodopen space lots 145-147 and 149-153 to pro1
removal of vegetation, encroachment or development, including but not limited t
walls, decks, storage buildings, pools, spas, stairways and landscaping other 1
shown on Exhibits “00-TT” or upon written approval of the Planning
Maintenance of the lots shall be the responsibility of the Home Owner’s Ass
as required by the CC&Rs.
25. Open spacehecreation lots 145-147 and 149-153 shall be improved concurr
the development of the residential lots within a 500’ radius.
26. Prior to approval of the final map, the Developer shall provide an irrevocable
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the
map and Exhibits “00” and “PP” dated January 21, 1998 within Open Sp
146 and 147. If the City of Carlsbad accepts dedication of the trail easement,
shall be constructed as a public trail and will be the maintenance and
responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dl
of the trail easement, the trail shall still be constructed but it shall be construc
private trail and shall be the maintenance and liability responsibility of the Hon
Association.
27. The Developer shall provide paved access and recreational vehicle storage
total area of not less than 2,880 square feet, off-site at the location shown om
“XX” prior to issuance of the 10lst building permit. Maintenance of the
shall be the responsibility of the Kelly Land Company and may be transfer
subsequent maintenance entity.
28. The developer shall construct noise attenuation barriers consistent with the
of the “Exterior Noise Analysis for Kelly Ranch Area E” dated November 1
Noise attenuation shall be achieved through the use of a combination of bel
solid masonry walls. These noise barriers shall be integrated into a sing11
which includes variation in depth and coordination with the 30 foot la]
easement treatment along Cannon Road. Final location, height, and materi;
be reviewed and approved by the Planning Director as a component
landscape plans prior to the issuance of a grading permit.
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29. The Developer shall provide enhanced rear elevations as shown on the a
architectural exhibits “H-W” on the following lots: 1-17; 40-56; 66-71; 81-
108; 117-144.
30. The developer shall provide enhanced paving or “Pasadena” driveways thr
the project on lots which are built with the third garage space option with
three and four to the satisfaction of the Planning Director.
Engineering Conditions
31. The net developable acres shall be shown for each parcel on the conformin
tentative map.
32. Prior to issuance of any building permit, the developer shall comply 7
requirements of the City’s anti-graffiti program for wall treatments if and whe
program is formerly established by the City.
33. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
NOTE: Unless specifically stated in the condition, all of the following engineering cc
upon the approval of this proposed major subdivision, must be met prior to approval c
map.
34. 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 respc
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
35. 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 Co:mmission or City Engineer which has been brought against the Cii
the time period provided for by Section 66499.37 of the Subdivision Map Act.
36. The developer shall provide for sight distance corridors in accordance with En@
Standards and the tentative map; and, shall record the following statement!
conforming mylar tentative map and preliminary landscape plan:
a) Mature vegetation within the site line area of all intersections sha’
greater than 30” in height or have a canopy no less than 8’ in height.
b) No structure, fence, wall, sign, or other object over 30 inches above t
level shall be placed or permitted to encroach within the area identified a
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distance corridor in accordance with City Standards and the tentative m
underlying property owner, or homeowner's association shall main
condition.
37. This project is within the proposed boundary of the Cannon Road West Br:
Thoroughfare Fee District. This project is required to pay a fair share con
towards the construction of Cannon Road in accordance with the proposed fee 1
If the district has not been formed prior to the issuance of building permits for thc
the owner shall pay a fee based on the Average Daily Trips generated by the prc
shall enter into an agreement with the City not to oppose the formation of a fe
and to pay thle project's fair share contribution towards the construction of Cam
in accordance with the future adopted fee program.
38. Prior to issuance of a building permit for any buildable lot within the subdivi
property owner shall pay a one-time special development tax in accordance F
Council Resolution No. 91-39.
39. The developer shall pay all current fees and deposits required.
40. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
41. The owner shall execute a hold harmless agreement for geologic failure.
42. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision ]plan into the existing City of Carlsbad Street Lighting and Lan
District No. 11 on a form provided by the City.
43. Prior to the i:;suance of a grading permit, the developer shall submit proof that a I
Intention has been submitted to the State Water Resources Control Board.
44. Based upon a review of the proposed grading and the grading quantities shorn
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 standar
45. Upon completion of grading, the developer shall ensure that an "as-graded" geolc
is submitted to the City Engineer. The plan shall clearly show all the geology as
by the gradi:ng 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.
46. No grading :for private improvements shall occur outside the limits of the. sui
unless a grading or slope easement or agreement is obtained from the owne
affected properties and recorded. If the developer is unable to obtain the grading
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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 01:
project site in a manner which substantially conforms to the approved tentativl
determined by the City Engineer and Planning Director.
47. The developer shall install or agree to install and secure with appropriate se
provided by law desiltatioddetentiodurban pollutant basin(s) of a type and a si
location(s) as approved by the City Engineer. The developer shall enter intc
maintenance agreement and submit a maintenance bond satisfactory to the City
prior to the approval of grading, building permit or final map whichever occurs
this project. Basin maintenance shall be conducted by the Kelly Ranch Vi11
Homeowner's Association (HOA) or a Kelly Ranch Master HOA. Languag
effect shall be added to the Covenants Conditions & Restrictions (CC & Rs
applicable HOA responsible for maintaining any basin(s). Each basin
serviced by an all-weather accesdmaintenance road.
48. Direct access rights for all lots abutting Cannon Road shall be waived on the fin
49. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be rec
the City Engineer.
50. The owner shall make an offer of dedication to the City for all public str
easements required by these conditions or shown on the tentative map, as id
below. The offer shall be made by a certificate on the final map for this project.
so offered shall be granted to the City free and clear of all liens and encumbra
without cost to the City. Streets that are already public are not required to be red<
a) El Camino Real northwest of Cannon Road shall be dedicated on 1
map, along the property frontage.
b) The remaining segments of Cannon Road shall be dedicated on t
map, along the property frontage, approximately from the project t
to the project's southwestern boundary line.
c) "AA, B, C, CC, D, E, F, G, H, HH, I Streets" and "Frost Street".
51. Prior to issuance of building permits, the developer shall underground all
overhead utilities along and within the subdivision.
52. The developer shall comply with the City's requirements of the National I
Discharge Elimination System (NPDES) permit. The developer shall prov
management practices as referenced in the "California Storm Water Best Man
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be prepared by the develo
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approved by the City Engineer. Said plans shall include but not be limited to :
prospective owners and tenants of the following:
a) All owners and tenants shall coordinate efforts to establish or wc
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 01
fluids shall not be discharged into any street, public or private, or into st0
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 rt
containers.
c) Best Management Practices shall be used to eliminate or reduce surface r
when planning any changes to the landscaping and surface improvements
53. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the tentative map, and in accordance 1
following:
a) Install a fully actuated traffic signal at the intersection of Cannon R
Frost Street.
b) Install a fully actuated traffic signal at the intersection of Cannon R
El Camino Real (ECR).*
c) Full Major Arterial improvements to Cannon Road, includ
landscaped raised median and all utilities, and the improvements to
accordance with improvement drawing 333-2G, from station 99+00
Construction of Cannon Road improvements requires the issuar
Coastal Development Permit by the California Coastal Commission.*
d) Full on-site public street improvements to "A, AA, B, C, CC, D, E, d
HH, I Streets" and "Frost Street".
e) South Agua Hedionda Interceptor sewer (temporary dry line) a1
project frontage within Cannon Road, connecting to the existing 36
within ECR, extending westerly to the tract boundary along Canno
(In accordance with CMWD District Engineer correspondence
11/6/97.)
f) Temporary sewer force main within Cannon Road along the I
I frontage to service the project. 1 1 PC RES0 NO. 4225 -13-
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g) Temporary lift station, as shown on the tentative map.
h) Emergency overflow pipeline from the wet well of the temporary lif
to the south Agua Hedionda Interceptor Sewer. (In accordance with
District Engineer correspondence, dated 11/6/97.)
i) Manhole covers at all locations on the collector sewer system shall 1
the 24’ elevation. (In accordance with CMWD District 1
correspondence, dated 11/6/97.)
j) The existing sewer line within Frost Street (at Evan’s Point) !
extended and connected to the proposed sewer line, in Frost Street,
project in accordance with CMWD District Engineer correspondenc
11/6/97.
k) The existing sewer line, from Frost Street to the force main, a1
project’s easterly boundary line shall be abandoned in accordar
CMWD District Engineer correspondence, dated 11/6/97.
*The developer shall enter into a reimbursement agreement and shall be eli
fee credit and/or reimbursement for their portion of the Cannon Road l
improvements as defined in the Cannon Road West Bridge and Thorc
District. Improvements to ECR, including the transitions on the east sid
roadway, are reimbursable, except for any frontage improvements along EC
A list of the above improvements shall be placed on an additional map sheet on
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imprc
shall be constructed within 18 months of approval of the secured improvement ai
or such other time as provided in said agreement.
54. Notes to the following effect shall be placed on the final map as non-mapping dat
a) This subdivision contains a remainder parcel. No building permit shall 1:
for the remainder parcel until it is further subdivided pursuant to the prov
Title 20 of the Carlsbad Municipal Code.
b) Geo-technical Caution:
The owner of this property on behalf of itself and all of its successors in
has agreed to hold harmless and indemnify the City of Carlsbad from an
that may arise through any geological failure, ground water seepage
subsidence and subsequent damage that may occur on, or adjacent
subdivision due to its construction, operation or maintenance.
c) No structure, fence, wall, sign, or other object over 30 inches above tl
level shall be placed or permitted to encroach within the area identified a
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distance corridor in accordance with City Standards and the tentative m
underlying property owner, or homeowner’s association shall main
condition.
d) Mature vegetation within the site line area of all intersections sha
greater than 30” in height or have a canopy no less than 8’ in height.
Sewer clean-outs and water valves shall not be located within driveways.
Sewer clean-outs and water valves shall be shown on the conforming m:
development plan. These items can be shown either on individual lots,
typical plan view.
A minimum of 330’ of Corner Sight Distance shall be shown on the con
mylar tentative map and final landscape plans for all streets that intersc
Street. A minimum of 660’ of Corner Sight Distance shall be shown
conforming mylar tentative map and final landscape plans at the interst
Frost Street with Cannon Road.
The PCC overflow ditches being shown on the tentative map at “A, CC, D
Streets shall be revised to indicate vegetated swales or another overflow m
system as shall be approved by the City Engineer. All overflow mitigation
shall be shown on the project’s final grading plans.
The Zone 8 Local Facilities Management Plan Amendment shall be approve
A drainage cross-section detail indicating that a 5 foot minimum width shal
from the face of any structure to the face of any retaining wall; and,
minimum width shall be held from the face of any structure to the fl
regardless of the height of the proposed wall, shall be shown on the con
mylar site development plan.
The following note shall be added to the conforming mylar site development
a) “Retaining walls which are added shall be located a minimum of 5 fi
from any structure. This 5’ distance shall be measured from the fac
retaining wall to the face of any structure. A minimum of 3 feet shal
from the face of any structure to the flow line. These requireme]
apply regardless of the height of any proposed retaining wall and
approved by the City Engineer, prior to building permit issuance.”
The pad elevations for tentative map lot numbers 113 through 129 and tl
grades for “C” and “C-C” streets shall be raised so that a minimum 1’ free
achieved above the 100 year flood line. This shall be shown on the COT
mylar tentative map and the project’s final grading plans.
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63. This project is within the proposed boundary of the Cannon Road West Br
Thoroughfare Fee District. This project is required to pay a fair share cor
towards the construction of Cannon Road in accordance with the proposed fee
Developer shall enter into an agreement with the City providing that, if the fee di
not been formed prior to issuance of building permits for the project, the owner
a fee, in an amount currently estimated to be $210.00/ADT attributabl
project, subject to potential increase or decrease at time of building per]
correspondingly increased fee, or reimbursed), and shall enter into an agreen
the City not to oppose the formation of a fee district and pay the project’s i
contribution towards the construction of Cannon Road in accordance with th
adopted fee program.
Fire Conditions
64. Prior to issuance of building permits, the Fire Department shall evaluate buildi
for conformance with applicable fire and safety requirements of state and local fi1
65. Provide additional public fire hydrants at intervals of 500 feet along public st1
private driveways. Hydrants should be located at street intersections when pos:
should be positioned no closer than 100 feet from terminus of a street or drivewq
66. Applicant shall submit a site plan to the Fire Department for approval, whicl
location of required, proposed and existing public water mains and fire hydra
plan should include off-site fire hydrants within 20.0 feet of the project.
67. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
68. An all weather, unobstructed access road suitable for emergency service vehicle5
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require the construction operations to cease
condition is corrected.
69. All required water mains, fire hydrants and appurtenances shall be operation;
combustible building materials are located on the construction site.
70. Prior to final inspection, 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 approvals prior to installation.
7 1. Prior to building occupancy, private roads and driveways which serve as require
for emergency vehicles shall be posted as fire lanes in accordance with the requ
of section 17.04.020 of the Carlsbad Municipal Code.
...
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72. Prior to the issuance of a building permit, the applicant shall obtain fire de
approval ,of a wildland fuel management plan. The plan shall clearly ind
methods proposed to mitigate and manage fire risk associated with native v
growing within 60 feet of structures. The plan shall reflect the standards preseni
fire suppression element of the City of Carlsbad Landscape Guidelines Manual.
73. Prior to occupancy of buildings, all wildland fuel mitigation activities must be (
and the condition of all vegetation within 60 feet of structures found to be in con
with an approved wildland fuel management plan.
74. The applicant shall provide a street map which conforms with the f
requirements: A 400 scale photo-reduction mylar, depicting proposed improverr
at least two existing intersections or streets. The map shall also clearly dep
centerlines, hydrant locations and street names.
Water Conditions
75. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demand
met.
76. 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 S;
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
77. Sequentially, the developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection requj
Also obtain G.P.M. demand for domestic and irrigational needs from ap:
parties.
b) Prepare a colored reclaimed water use area map and submit to the
Department for processing approval.
c) Prior to the preparation of sewer, water and reclaimed water improvemen
meeting must be scheduled with the District Engineer for review, corn
approval of the preliminary system layouts and usages (i.e. - GPM - EDU:
78. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
hture building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti,
compel their compliance with said conditions or seek damages for their viola
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vested rights are gained by Developer or a successor in interest by the City's ap:
this (type of action, e.g. Tentative Map).
Code Reminders
79. The developer shall exercise special care during the construction phase of this I
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of January 199:
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
\
Y" MICHAEL J. HOLZMIYLER
Planning Director
28 11 PC RES0 NO. 4225 -18-