HomeMy WebLinkAbout1998-02-04; Planning Commission; Resolution 4241e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ’
PLANNING COMMISSION RESOLUTION NO. 4241
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 83.55 ACRES INTO 21 0 LOTS ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD AND EAST OF MELROSE DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 1 8.
CASE NAME: RANCHO CARRILLO VILLAGES A, B, C & D
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-02 TO
CASE NO.: CT 97-02
WHEREAS, Continental Ranch, Inc., “Developer”, has filed a verified applica
the City of Carlsbad regarding property owned by Continental Ranch, Inc., “Owner”, (
as
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 Tentati
Map as shown on Exhibitts) “A”-“N” dated February 4, 1998, on file in the :
Department - RANCHO CARRILLO VILLAGES A, B C & D - CT 97-02, as pro
Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of Februax
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 te
and arguments, if any, of persons desiring to be heard, said Commission considered a1
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
II 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 Tentative Tract Map R
CARRILLO VILLAGES A, B, C & D - CT 97-02, based on the f
findings and subject to the following 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 necessay
facilities must occur; the mitigation of onsite surface runoff so as not to 2
and offsite downstream properties is required; major offsite sewer line cons
is required; prior to recordation of the final map an affordable housing ag
must be entered into which provides for and deed restricts at least 150,
dwelling units as affordable to lower income households for the useful 13
dwelling units; over 35% of the net developable acreage of the Master Plan 1
left as open space; the construction of Melrose Drive and access to this sut
from it is required; prior to occupancy the construction of noise walls to I
standards contained within the General Plan is required; a parks ag
between the City of Carlsbad and the property owners has been completed
densities, setbacks, parking, recreational space, streets and storage n
minimum standards of the Planned Development Ordinance.
2. That the proposed project is compatible with the surrounding future land UI
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 polil
standards, including zoning.
4. That the design of the subdivision or the type of improvements will not conj
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.
5. That the property is not subject to a contract entered into pursuant to t
Conservation Act of 1965 (Williamson Act).
PC RES0 NO. 4241 2
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. That the design of the subdivision provides, to the extent feasible, for future F
natural heating or cooling opportunities in the subdivision, in that the lots all
variety of building placement alternatives, including the adequate placen
separation of the homes, in combination with the future variety of floor p
the dominant sea breezelsolar radiation patterns, will allow utilization oj
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 envirl
resources.
8. 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 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 from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the (
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 Villages A B, C & D), is in conformance with the Elemen
City's General Plan, based on the following:
a. Land Use - The General Plan Land Use designation for this site is 1
RH which allows a density range of 4-8 dwelling units per net dev,
acre with a Growth Management Control Point of 6 dwelling units
developable acre and 15-23 dwelling units per acre which allows a
Management Control Point of 19 dwelling units per acre. Typically
land use designation is appropriate for single family or multi family (
units and the RH land use designation is appropriate for mult
dwelling units. In conformance with this finding, Rancho Carrillo
A, B, C & D are proposing single family and multi family dwellin
Rancho Carrillo Villages A and B will be developed via Site Devel
Plan and Planned Development Permit in the future. Village C is pr
5.9 dwelling units per net developable acre which is within the a1
dwelling unit range and less than the Growth Management Contrc
Village D is proposing 4.6 dwelling units per net developable acre wh
meets the above criteria.
~ PC RES0 NO. 4241 3
1
0 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
Circulation Element of the General Plan does not address private str
provide direction for minimum street design standards fo
improvements.
c. Noise - Prior to issuance of building permits, the applicant shall s
detailed noise study addressing conformance with the Noise ElemeI
General Plan.
d. Housing - Prior to the approval of the final map the developer mi
entered into an Affordable Housing Agreement which me
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 which
the 15% Growth Management requirement.
f. Public Safety - The project is conditioned to pay Public Facilities Fe
proposed project is required to provide streets, sidewalks, street lig
fire hydrants, as conditions of approval.
g. Parks and Recreation - The Rancho Carrillo Master Plan has entere Parks Agreement with the City of Carlsbad which required the dedit
land.
11. The project is consistent with the City-Wide Facilities and Improvements I
applicable local facilities management plan, and all City public facility poli
ordinances since:
a. The project has been conditioned to ensure that the final map will not be E
unless the City Council finds that sewer service is available to serve the
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 the
Engineer determines that sewer service is available, and building cann
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this
b. The project is conditioned that prior to the recordation of a final I
deeding of an acceptable school site to the San Marcos Unified
District and a financing plan approved by the San Marcos Unified
District guaranteeing the construction of necessary elementary
facilities pursuant to that dedication is required.
c. The Rancho Carrillo Master Plan has entered into a Parks Agreemc
the City of Carlsbad. I PC RES0 NO. 4241 4
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
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 a
requirements established by a Local Facilities Management Plan prepared pu
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.
13. This project has been conditioned to comply with any requirement approved as p,
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 934
and the Rancho Carrillo Master Plan EIR 91-04;
c. there were EIFb certified in connection with the prior 1994 General Pla
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 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 extenl
degree of the exaction is in rough proportionality to the impact caused by the proj
17. The minimum area for any two lots proposing a duplex is 7500 square feet.
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
PC RES0 NO. 4241 5
a 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
~
internally consistent and in conformity with final action on the project. Devl
shall occur substantially as shown in the approved Exhibits. Any proposed devl
substantially different from this approval, shall require an amendment to this app
2. The Developer shall comply with all applicable provisions of federal, state, i
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, 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 or issuance of any permit or action,
discretionary or non-discretionary, in connection with the use contemplated he
(b) 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 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 dra\;
6. The final map shall not be approved unless the City Council finds as of the timc
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
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
8. 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 21.90 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 January 10, 1997, a copy of which is on file with the City C
is incorporated by this reference. If the fees are not paid, this application wi
consistent with the General Plan and approval for this project will be void.
PC RES0 NO. 4241 6
a 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 i
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 ir
school facilities have been mitigated in conformance with the City’s
Management Plan to the extent permitted by applicable state law. If the n
involves a financing scheme such as a Mello-Roos Community Facilities Distr:
is inconsistent with the City’s Growth Management Plan, including City Counc
Statement No. 38, the Developer shall disclose to future owners in the projel
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 rt
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.
12. Approval of CT 97-02 is granted subject to the approval of PUD 97-02. CT
subject to all conditions contained in Resolution No. 4242 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 approve1
Planning Director prior to final map approval. Prior to issuance of a building pi
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:
a. General Enforcement bv the City. The City shall have the right, bu1
obligation, to enforce those Protective Covenants set forth in this Decla
favor of, or in which the City has an interest.
I
b. Failure of Association to Maintain Common Area Lots and Easements
event that the Association fails to maintain the “Common Area Lots ar
Association’s Easements” the City shall have the right, but not the
perform the necessary maintenance. If the City elects to perfol
maintenance, the City shall give written notice to the Association, wit1
thereof to the Owners in the Project, setting forth with particulz
maintenance which the City finds to be required and requesting the
carried out by the Association within a period of thirty (30) days from tl
of such notice. In the event that the Association fails to carry (
PC RES0 NO. 4241 7
e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
maintenance of the Common Area Lots and/or Association’s Easemen
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 Associatia
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 Secti
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 su
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 char1
special assessment shall constitute a charge on the land and shall be a c(
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 SUC.
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any Ov
hisher 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 sal
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a(n) Tentative Map by Resolution No. 4241 on
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all conc
approval as well as any conditions or restrictions specified for inclusion in the 1
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 appro\
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 excee
certain, upon a showing of good cause.
PC RES0 NO. 4241 8
I
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~
Landscape
16. Prior to occupancy of individual units, the applicant shall construct the COI
themehoise attenuation walls shown on the Landscape Concept Plan Exhil
February 4,1998 in conformance with the required noise study.
17. Prior to the issuance of building permits for this project and after the
architectural review process, the developer is required to complete a noi
which will indicate the extent of the construction of a combination of COI
theme walls and landscaped berms to attenuate noise to mitigate exterior
the 65 dBA CNEL level and to mitigate interior noise levels of the future 1
45 dBA CNEL.
18. The Developer shall prepare a detailed landscape and irrigation plan in conform:
the approved Preliminary Landscape Plan and the .City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pril
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 F
maintain all landscaping in a healthy and thriving condition, free from weeds, t~
debris.
19. Building identification and/or addresses shall be placed on all new and existing 1
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
Miscellaneous Plannine Conditions
20. 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
to enhance or consistent with basic architectural theme of the project.
21. 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.
22. 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.
Environmental
23. 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, incluc
not limited to demonstration that means of solid waste disposal are a
acoustical studies are performed, attenuation barriers are constructed as nc
and the monitoring of traffic is provided to conform to City standards.
I PC RES0 NO. 4241 9
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24. 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 co:
City standards.
25. 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 Co
a form meeting the approval of the Planning Director and City Attorney (see No
#1 on file in the Planning Department).
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
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).
27. The Developer shall post aircraft noise notification signs in all sales and/or renk
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).
28. The Developer shall dedicate on the final map, an open space easement for those
of lots 209 and 210 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 landscapi
than that approved as part of (the grading plan, improvement plans, b
revegetation program, landscape plan, etc.) .
29. Removal of native vegetation and/or construction of structures on Open Space
and 210, including but not limited to fences, walls, decks, storage buildings, poc
stairways and landscaping, other than that approved as part of (the gradi
improvement plans, biological revegetation program, landscape plan, etc.) as s:
Exhibit “A”-“N”, is specifically prohibited, except upon written order of the (
Fire Department for fire prevention purposes, or upon written approval of the 1
Director, and (California Coastal Commission if in Coastal Zone), based upon s
fiom the Homeowners Association accompanied by a report from a (
arboristhotanist indicating the need to remove specified trees and/or plants be
disease or impending danger to adjacent habitable dwelling units. For areas ca
native vegetation the report required to accompany the request shall be prepa~
qualified biologist.
...
PC RES0 NO. 4241 10
ll e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Housing
30. Prior to the approval of the final map for any phase of this project, or where a 11:
being processed, prior to the issuance of building permits for any lots or I
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 fiture owners and successors in interest.
3 1. 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
General
32. Prior to issuance of any building permit, the developer shall comply
requirements of the City’s anti-graffiti program for wall treatments if and whe
program is formerly established by the City.
33. This project is approved for up to three final subdivision maps for the pur
recordation.
34. If the developer chooses to record a final subdivision map out of the phase shov
tentative map, the new phasing must be reviewed and approved or conditionally :
by the City Engineer and Planning Director.
35. 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 condt
requirements the City Engineer may impose with regards to the hauling operatior
36. The developer shall provide an acceptable means for maintaining the private e;
within the subdivision and all the private: streets, sidewalks, street lights, st01
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 the
subject to the approval of the City Engineer.
37. 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
PC RES0 NO. 4241 11
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
38. The developer shall defend, indemnifl 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.
39. The developer shall provide for sight distance corridors in accordance with En1
Standards and the conforming mylar tentative map; and, shall record the f
statements on the conforming mylar tentative map and preliminary landscq
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 1
level shall be placed or permitted to encroach within the area identified I
distance corridor in accordance with City Standards and the conformin
tentative map. The underlying property owner, or homeowner’s ass
shall maintain this condition.
FeedAgreements
40. 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 c
Council Resolution No. 9 1-39.
41. The developer shall pay all current fees and deposits required.
42. The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
43. 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 r
through assessments to subsequent owners only if the owner has executed a
Assessment District Pass-through Authorization Agreement. Said Agreement
provision regarding notice to potential buyers of the amount of the assessment 2
provisions and requires the owner to have each buyer receive and execute a P
Assessment and an Option Agreement. In the event that the owner does not exc
Authorization Agreement, the assessment on the subject property must be paid o
bv the owner mior to final map approval.
44. As required by state law, the subdivider shall submit to the City an applicl
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 recorc
the final map. In the event a segregation of assessments is not recorded and prc
I PC RES0 NO. 4241 12
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
subdivided, the full amount of assessment will appear on the tax bills of gacJ ne
45. The owner shall execute a hold harmless agreement for geologic failure.
46. Prior to approval of any grading or building permits for this project, the owner :
written consent to the annexation of the area shown within the boundaric
subdivision plan 'into the existing City of Carlsbad Street Lighting and Lar
District No. 1 on a form provided by the City.
Grading
47. 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 stands
to issuance of a grading permit for the project.
48. Upon completion of grading, the developer shall ensure that an "as-graded'' geoll
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 constm
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 1
permanent record.
49. No grading for private improvements shall occur outside the limits of the sul
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
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 ox
project site in a manner which substantially conforms to the approved tentativc
determined by the City Engineer and Planning Director.
Dedications/Improvements
50. 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 re(
the City Engineer.
51. 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. The offel
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 cc
City. Streets that are already public are not required to be rededicated.
52. Prior to issuance of building permits, the developer shall underground all
overhead utilities along and within the subdivision.
PC RES0 NO. 4241 13
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
53. Direct access rights for Village’s A & B abutting Melrose Drive shall be waive
final map. Potential temporary emergency access to Melrose Drive for T
may be approved in accordance with the Village B site development plal
satisfaction of the City Engineer.
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 Ma
Practices Handbook” to reduce surface pollutants to an acceptable level prior to (
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 t8
the following:
a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, mot0
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
fluids shall not be discharged into any street, public or private, or into ;
drain or storm water conveyance systems. Use and disposal of pestic
fungicides, herbicides, insecticides, fertilizers and other such che
treatments shall meet Federal, State, County and City requiremenl
prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce surface polh
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
PHASE I
a. Installation of a 4-way fully actuated traffic signal at the ‘b~
StreetMelrose Drive intersection.
b. Installation of a 3-way fully actuated traffic signal at the “1
StreetPalomar Airport Road intersection, in accordance
correspondence from the City Traffic Engineer to Continental HI
V.P., David Lother, dated November 12,1997.
C. Melrose Drive - Full remaining prime arterial frontage improvem
from Palomar Airport Road to the southerly project boundary, with
required transitions to existing gradinghmprovements.
I PC RES0 NO. 4241 14
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
d. Full improvements to the following streets:
“A-A” Street (68’ right-of-way/48’ curb-to-curb);
0 “A-B” Street (68’ right-of-way/48’ curb-to-curb);
0 “A-C” Street (60’ right-of-way/40’ curb-to-curb) *;
0 “C-A” Street (56’ right-of-way/36’ curb-to-curb);
0 “C-B” Street (56’ right-of-way/36’ curb-to-curb);
0 “D-A” Street (60’ right-of-way/40’ curb-to-curb).
* “A-C” Street shall transition from a 60’ right of way/40’ curb to cur
section to a 100’ right of way/76’ curb to curb section from the “A-C
StreeV’C-A” Street BC (begin curb return) to the terminus of the “I
C” Street cul-de-sac.
e. Full improvements to Palomar Airport Road from Melrose Drive 1
“A-B” Street, with any appropriate transitions, in accordance wit
the following **:
Number 3 frontage lane;
0 bicycle lane;
0 concrete curb, gutter and sidewalk;
0 street light standards;
0 raised median including landscaping ***.
** These improvements are not reimbursable, in accordance wit:
Principal Civil Engineer, Richard Allen’s correspondence t
Continental Homes V.P., David Lother, dated September 29,1997.
*** Raised median improvements are in accordance with a
agreement reached between Continental Homes V.P., David Lothe
and the City Engineerpublic Works Director, in a correspondenc
dated September 30,1997.
PHASE I1
a. Full improvements to the following streets:
0 “D-A” Street (60’ right-of-way/40’ curb-to-curb);
0 “D-B” Street (60’ right-of-way/40’ curb-to-curb);
0 “D-C” Street (56’ right-of-way/36’ curb-to-curb);
0 “D-D” Street (60’ right-of-way/40’ curb-to-curb);
1 PC RES0 NO. 4241 15
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 a
or such other time as provided in said agreement.
56. The design of all Village “B” private streets and drainage systems shall be apr
the City Engineer. The structural section of all private streets shall conform t.
Carlsbad Standards based on R-value tests. All private streets and drainage systt
be inspected by the City. The standard improvement plan check and inspection 1
be paid for this project.
Final Map Notes
57. Notes to the following effect shall be placed on the final map as non-mapping da
a. All improvements for Village “B” are private and are to be privately m
with the exception of the following:
0 Water Lines
Sewer Lines as an exception
b. This subdivision contains a remainder parcel. No building permit shz
issued for the remainder parcel until it is further subdivided pursuant t
provisions of Title 20 of the Carlsbad Municipal Code.
C. Geo-technical Caution:
The owner of this property on behalf of itself and all of its successc
interest has agreed to hold harmless and indemnify the City of Carlsbad
any action that may arise through any geological failure, ground water see
or land subsidence and subsequent damage that may occur on, or adjace~
this subdivision due to its construction, operation or maintenance.
d. No structure, fence, wall, sign, or other object over 30 inches above the I
level shall be placed or permitted to encroach within the area identified
sight distance corridor in accordance with City Standards and
conforming mylar tentative map. The underlying property owne
homeowner’s association shall maintain this condition.
e. Mature vegetation within the site line area of all intersections shall b
greater than 30” in height or have a canopy no less than 8’ in height.
f. Swimming pools located within 7’ of fill slopes that are greater tha1
in height, additional soils analysis must be conducted by a qualified
engineer for specific design recommendations.
~ PC RES0 NO. 4241 16
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Map CorrectiondAdditions
58. A typical plan view retaining wall detail shall be added to the “Tyy
Drainage” detail on sheet 2 of 8 of the tentative map indicating that a 5’ n
width shall be held from the face of any structure to the face of any retain
and, a 3 ft. minimum width shall be held from the face of any structure to
line, regardless of the height of the proposed wall. This shall be show]
conforming mylar tentative map.
59. A drainage cross-section detail shall be added to sheet 2 of 8 of the tentat
indicating that a 5’ minimum width shall be held from the face of any strl
the face of any retaining wall, and, a 3’ minimum width shall be held from
of any structure to the flow line, regardless of the height of the proposed w.
shall be shown on the conforming mylar tentative map.
60. The following shall be added to “General Design” note #11, on sheet 1 of
conforming mylar tentative map: “Retaining walls which are added shall b8
a minimum of 5’ away from any structure. This 5’ distance shall be measul
the face of the retaining wall to the face of any structure. A minimum of 3’
held from the face of any structure to the flow line. These requirements sh:
regardless of the height of any proposed retaining wall and shall be approvc
City Engineer, prior to building permit issuance.”
61. On sheet 1 of 8 of the conforming mylar tentative map, the designation “Re
Parcel” shall be added to the “Key Map” for all of the property located 0‘
the Village “A-D” subdivision boundary.
62. The 330’ corner sight distance sight line towards “A-C” Street, from tht
StreetP’D-B” Street intersection, shall be increased to a minimum of 385
revision shall be shown on the conforming mylar tentative map.
63. Prior to building permit issuance. for Lots 180, 181 & 182, specific grading
shall be conducted, with mitigation measures identified, for constructing un:
an existing intraformational fault line, as identified in the project’s prelimin
technical report.
64. A widened cul-de-sac design, with appropriate transitions, shall be show
terminus of “A-C” Street, in accordance with the Village B site developm
design requirements.
65. The top of slope along the Palomar Airport Road (PAR) frontage for Vi11
shall be located a minimum of 5’ away from the PAR right of way line to j
the installation of the proposed sound wall and the required standard stre
Street trees shall be installed between the proposed sound wall for Village ’
the PAR right of way (i.e., on the outside of and thereby screening the SOUI
If the top of slope cannot be relocated, then another method to accomplish
PC RES0 NO. 4241 17
e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the street trees on the outside of the Village “B” sound wall shall be deter]
final design and indicated on the project’s final grading and landscape plal
satisfaction of the City Engineer and Planning Director.
66. The following improvements as required in the Rancho Carrillo Master PI
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 Boundarv
a Complete grading to ultimate right-of-way width to major an
standards.
a Construction of full major arterial standards from the interse
with Melrose Avenue to the entrance to Village J and the SI
site.
b. El Fuerte Street - Throuah Zone 18
a Complete grading to ultimate right-of-way width.
a Construction of one lane in each direction from the soutl
boundary of the Master Plan to the entrance to Village T.
C. Sewer Facilities, including:
a
a
a
a
a
a
a
a
12” main in, or adjacent to Poinsettia Lane
12” main in Melrose Drive
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:
a The portion of the proposed potable 24-inch main in the p
alignment of Melrose Drive.
e The proposed pressure reducing station at the southeast corn
Zone 18.
~ PC RES0 NO. 4241 18
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e The proposed potable 30-inch transmission line in the pro1
alignment of El Fuerte within Zone 18.
e The portion of the proposed reclaimed 8-inch main in the 1
alignment of Melrose Drive.
e The proposed reclaimed 38-inch main in the proposed align
of El Fuerte within Zone 18.
e The proposed potable 12” main from Melrose to El FI
through service Area E.
67. Prior to approval of any building permit, the developer shall reimburse thc
Carlsbad for frontage improvements for Palomar Airport Road, in accorda
the “Zone 18 Cost Distribution for Palomar Airport Road East, Project No.
Fire Conditions
68. Additional onsite public water mains and fire hydrants are required.
69. 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 offsite fire hydrants within 200 feet of the project.
70. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
71. 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:
72. The entire potable water system, reclaimed water system, and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demand
met.
73. 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 Sa
County Water Authority capacity charge will be collected at issuance of applic;
meter installation.
74. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requj
Also obtain . demand for domestic and irrigational needs from appropriatt
PC RES0 NO. 4241 19 ,
0 @
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 improvemc
a meeting must be scheduled with the District Engineer for review, com
approval of the preliminary system layouts and usages (i.e.-GPM-EDU).
75. This project is approved upon the expressed condition that building permits wj
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are av;
the time of application for such water service and sewer permits will contin
available until time of occupancy.
General Conditions:
76. 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 t
implemented and maintained according to their terms, the City shall have tht
revoke or modify all approvals herein granted; deny or further condition issuan
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 viola
vested rights are gained by Developer or a successor in interest by the City’s apl
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:
77. The Developer shall pay a landscape plan check and inspection fee as required bJ
20.08.050 of the Carlsbad Municipal Code.
78. 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 1
special development tax in accordance with the City Council Resolution No. 9 1 -?
79. 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.
80. The project shall comply with the latest residential disabled access requirements
to Title 24 of the State Building Code.
81. The Developer shall submit a street name list consistent with the City’s stre
policy subject to the Planning Director’s approval prior to final map approval.
PC RES0 NO. 4241 20
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
82.
83.
84.
85.
86.
87.
88.
89.
...
...
...
...
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.
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.
The developer shall exercise special care during the construction phase of this :
prevent off-site siltation. Planting and erosion control shall be provided in a(
with the Carlsbad Municipal Code and the City Engineer.
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.
All required water mains, fire hydrants, and appurtenances shall be operation
combustible building materials are located on the construction site.
Prior to final inspections, all security gate systems controlling vehicular access
equipped with a “Knox” key operated emergency entry device. Applicant sha
the Fire Prevention Bureau for specifications and approval prior to installation.
Prior to building occupancy, private roads and driveways which serve as requir
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
An approved automatic fire sprinkler system shall be installed in buildings h
aggregate floor area exceeding 10,000 square feet.
II -** 24
25
26
27
28
...
...
...
i PC RES0 NO. 4241 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 e
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 4th day of February, 19!
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, 1
Nielsen, Salvary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HXZMKLER
Planning Director
PC RES0 NO. 4241 22