HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 43180 0
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PLANNING COMMISSION RESOLUTION NO. 4318
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A REVISION TO CARLSBAD TRACT
NUMBER CT 93-09 TO ALLOW MINOR GRADING
CHANGES, A SEWER REALIGNMENT, THE SUBDIVISION
OF THE A.FFORDABLE HOUSING LOT INTO 4 SINGLE
FAMILY LOTS, GRADING OF OFF-SITE POINSETTIA LANE
REACH I TO FULL WIDTH RIGHT-OF-WAY, AND THE
ADDITION OF OFF-SITE POINSETTIA LANE REACH I1 TO
FULL WIDTH RIGHT-OF-WAY ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FUTURE
POINSETTIA LANE AND BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAMYE: OCEAN BLUFF
CASE NO.: CT 93-09(A)
WHEREAS, Catellus Residential Group, Inc., “Developer”, has filed a
application with the City of‘ Carlsbad regarding property owned by Catellus Residential
Inc., “Owner”, described as
Parcel B in Certificate of Compliance recorded on March 11,
1997 as File No. 1997-0106631 of official records of San Diego
County.
(“the Property”); and
WHEREAS,, said verified application constitutes a request for a
Tentative Tract Map as shown on Exhibit(s) “A” - “Z” dated June 17, 1998 which SUI
Exhibits “A” - “N” dated December 20, 1995, on file in the Planning Department, 1
BLUFF, CT 93-09(A) as provided by Section 20.12.120 of the Carlsbad Municipal Cod4
WHEREAS,, the Planning Commission did, on the 17th day of June, 199;
duly noticed public hearing as prescribed by law to consider said request; and
W-HEREAS., 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.
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WHEREAS, on April 2, 1996, the City Council approved, CT 9
described and conditioned in Planning Commission Resolution No. 3869.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of OCEAN BLUFF, CT 93-09(A) bast
following findings and subject to the following conditions:
Findings:
1. All findings of Planning Commission Resolution No. 3869 for CT 93-09 sha
to CT 93-09(A) except Findings No. 11, 12, and 15 which are deleted and €
No. 4a, d, e, 13, and 14 which are modified herein by findings 5a, 5b, 5c,
respectively.
2. That the proposed map revisions and the proposed design and improvemen
subdivision as conditioned, is consistent with and satisfies all requirements of the
Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal CI
the State Subdivision Map Act, and will not cause serious public health problem5
it is a standard single family residential subdivision in which lots exc
required minimum 7,500 square feet and lots are configured in accordance P
standards, local streets and Poinsettia Lane Reaches I and I1 have adequatc
rights-of-way and awe designed to City standards with curbs, gutters, sidewa
public utilities, street lights, and fire hydrants.
3. That the proposed project revisions are compatible with the surrounding future 1;
since surrounding properties are designated for Residential Low-Medium
density development on the General Plan, in that the revised project densitJ
dwelling units per acre is consistent with the RLM General Plan designation.
4. That the site is physically suitable for the type and density of the development s
site is adequate in size and shape to accommodate residential development at the
proposed, in that the 96 lot standard R-1 subdivision is consistent with all apl
Zoning regulations for single family lots and Carlsbad Municipal Code reg1
for subdivision design.
5. The Planning Commission finds that the project, as conditioned herein for the tc
map revision, is in conformance with the Elements of the City's General Plan, b
the following:
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a) Land Use - the revised project density of 3.2 dwelling units per acre 1
the 0 - 4 du/acre density range specified for the site on the General P1
Use Map and consistent with the Growth Control Point of 3.2 du/acr
RLM land use designation.
b) Housing - the subdivision of Lot 93 (approved with a 16 unit af
housing apartment project which satisfied the Ocean Bluff 1
inclusionary housing requirement) into 4 single family R-1 lots is CI
with City Council approval on December 2, 1997 to satisfy the 1
inclusionary housing obligation through the purchase of credits in I
Loma affordable housing project and Condition No. 23 of Resolu
3869 for CT 93-09.
c) Open Space and Conservation - The project will preserve in open SI
only areas of 25%+ slopes which is consistent with Policy C.2. ca.
assurance that development on hillsides relates to the slope of the
order to preserve the integrity of the hillsides and Policy C.5 requir
valleys (ravines) be designated for open space. With regard to gr
and trails, the project will offer for dedication a 20' wide trail e
within a 40' wide landscaped open space easement along Poinseti
consistent with Policies C.3 and C.5 requiring an irrevocable offer to
a permanent easement for trailways where trails are proposed as pa
Carlsbad Trail System and greenway linkages.
Native habitat impacts olnsite have been reduced and/or mitigated
preservation of the only steep slopes possessing native habitat locatec
Although the construction of off-site Poinsettia Lane Reach I to 1
from "A" Street to Alga Road and the construction of "A" Street
the project's southwestern boundary and Poinsettia Lane will r
impacts to a single pair of gnatcatchers and approximately 4 acres. oi
coastal sage habitat, the impacts due to the roadway alignm
unavoidable and have been mitigated through the purchase of credi
Carlsbad H:ighlands mitigation bank at a 2:l ratio based upon City
approval and issuance of a 4d permit on March 10,1998.
The full width right-of-way improvements to Poinsettia Lane B
between Street "A" and Black Rail Road will result in impacts to .35
disturbed and sagebrush dominated coastal sage scrub habitat and .J
of southern maritime clhaparral which will be mitigated throl
purchase of credits in an off- site habitat mitigation bank and/or reve
at an off-site location approved by the responsible agencies.
The Poinsettia Lane and Street "A" alignments are consistent with t
20 biological mitigation and open space preservation regulations,
coastal sage scrub habitat loss is consistent with the HMP as follows:
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i) The construction of Poinsettia Lane and Street “A“ will not connectivity between core areas since they are not located
core area, and are not a part of a linkage area;
ii) The habitat loss will not preclude or prevent the preparatic
Carlsbad HMP in that the area is not a part of a core area 01
area;
iii) Mitigation for the loss of coastal sage scrub has been accompli
Poinsettia Lane Reach I between Aviara Parkway and Str
through acquisitioln of habitat credits at a 2:l ratio as d
above. Mitigation for the loss of coastal sage scrub hab
southern maritime chaparral for Poinsettia Lane Reach I1
Street “A” and Black Rail Road will be mitigated thro
purchase of habitat credits in an off-site bank and/or revege:
an off-site location upon approval of the City, USFWS, and
The loss of habitat will therefore not appreciably reduce the, li:
of the survival or recovery of the gnatcatcher;
iv) The habitat loss for Poinsettia Lane Reach I, for which mitit
complete, is located in a disturbed and partially disturbed
area which will be isolated by Poinsettia Lane, the
development to the south, and continued agricultural uses to
and west. The habitat loss for Poinsettia Lane Reach I1 is sur1
by disturbed areas resulting from residential and agricultul
therefore, large blocks of habitat will not be lost and fragm
will not occur; and
v) The :habitat area being impacted is somewhat isolated by surr
agricultural uses and development, and it is located wit
align.ment of a major circulation element roadway providing 1
access to the proposed Ocean Bluff subdivision as well a
properties in the Zone 20 Specific Plan area.
6. That all necessary public facilities required by the Growth Management Ordina
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 the
will not preclude the provision of performance standard open space at bui
Zone 20; the project is conditioned to provide for all necessary public faciliti
to final map approval; and the revised tentative map improvements
Poinsettia Lane Reaches I and 11, a major circulation arterial roadway requ
the Zone 20 LFMP.
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7. The project is consistent with the Zone 20 Specific Plan general provisi
provisions specific to Area C in that it is a single family residential dew
designed in accordance with architectural regulations and standards.
8. The revised subdivision map generally conforms to the street and lot confii
shown on the applroved tentative map. Previously, Lot No. 93 was reservc
Inclusionary Hous:ing site. Since inclusionary housing obligations are beiq
other means, Lot No. 93 is being divided into four standard single famil: . accordance with the approved tentative map conditions of approval.
9. The revised subdivision still includes one contiguous area consisting of th
original subdivision.
10. The revised tentative map contains all of the required information which
included on tentative maps filed pursuant to CMC Chapter 20.12, adjusted to re
revisions for this tentative map amendment. The map revisions generally confor
original tentative map.
11. The proposed tentative map revision was filed within 18 months after the approv
original tentative map, in conformance with CMC Section 20.12.120(3)(~).
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Tentative Tract Map document(s) necessary to mal
internally consistent and in conformity with final action on the project. Deve:
shall occur substantially as shown in the approved Exhibits. Any proposed deve:
different from this approval, shall require an amendment to this approval.
2. CT 93-09(A) is subject to all “Planning” and “Fire” conditions contal
Planning Commission Resolution 3869 for CT 93-09 on file in the P
Department and incorporated herein by reference except Conditions No. 23,
and 44 which are no longer applicable and Conditions No. 6, 10, 11, 12,
which are modified herein by Conditions 4,6,8,9 and 7 respectively.
3. Approval of CT 93,-09(A) is granted subject to approval of HDP 93-09(A) an
97-54.
4. The Developer shall pay the public facilities fee adopted by the City Council on .
1987, (amended July 2, 1991) and as amended fiom time to time, and any devel
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad MI
Code or other ordinance adopted to implement a growth management system or FI
and Improvement Plan and to fullfill the subdivider’s agreement to pay the
facilities fee dated October, 1997, a copy of which is on file with the City ClerE
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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.
5. Pursuant to the Interim Take provisions of the 4d Rule applicable to coal
scrub habitat (CSS), the developer will be required to mitigate impacts to ,
of CSS resulting from the Poinsettia Lane Reach I1 alignment. Prior to the
of a grading permit for Poinsettia Lane Reach 11, the developer shall mitl
loss of .35 acres of CSS at a 2:l ratio and .45 acres of southern maritime cl
(SMC) at a 1:l ratio in an off-site habitat mitigation bank and/or revel
accordance with the Zone 20 Specific Plan at an off-site location upon app
the City of Carlsbatd, USFWS, and CDFG.
6. The Developer shall establish a homeowner’s association and corresponding cc
conditions and restrictions. The CC&Rs shall include conditions guarantee
the HOA shall maintain all natural open space and slope maintenance ea
and offsite manufactured slopes shown on the approved tentative map/la
plan. Said CC&Rs shall be submi-tted to and approved by the Planning Direct01
final map approval. Prior to issuance of a building permit the Developer shall prc
Planning Department with a recorded copy of the official CC&Rs that hs
approved by the Department of Real Estate and the Planning Director. At a rr
the CC&Rs shall contain the following provisions:
a) General Enforcement by the City. The City shall have the right, bu1
obligation, to enforce those Protective Covenants set forth in this Decla
favor of, or i.n which the City has an interest;
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” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the n
maintenance:. If the City elects to perform such maintenance, the City SI
written notice to the Association, with a copy thereof to the Owners in the
setting forth with particularity the maintenance which the City finds to be
and requesting the same be carried out by the Association within a period
(30) days fi-om the giving of such notice. In the event that the Associatio:
carry out such maintenance of the Common Area Lots and/or Asso
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be ent
reimbursement with respect thereto from the Owners as provided herein.
c) Special Assessments Levied by the City. In the event the City has perf01
necessary rnaintenance to either Common Area Lots and/or Asso
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 in
each Owner in the Project, together with a statement that if the Associatio:
pay such invoice in full within the time specified, the City will pursue cl
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against the Owners in the Project pursuant to the provisions of this Sectil
invoice shall be due and payable by the Association within twenty (20:
receipt by the Association. If the Association shall fail to pay such invoi
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the 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 char€
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 sucl-
assessment, to impose a lien upon their respective Lot and to bring ;
actions and/or to pursue lien foreclosure procedures against any Ow
hisher respective Lot for purposes of collecting such special assess
accordance with the procedures set forth in Article of this Declar
7. 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 Tc
Map, Exhibit “A”, within Lot(s) 78, 79, 80, 81, 82, 83, 84, and 86. If the
Carlsbad accepts dedication of the trail easement, the trail shall be constructed as 2
trail and will be the maintenance and liability responsibility of the City of Carl?
the City of Carlsbad does not accept dedication of the trail easement, the trail shal
constructed but it shall be constructed as a private trail and shall be the maintena
liability responsibility of the Homeowner’s Association.
8. Concurrent with the issuance off the final map, a maintenance easement
Homeowner’s Association shall be recorded over the manufactured slopes
87,94 - 96, and Lots 5,15,16,17,18,19,20, and 21 abutting Open Space L
and the area within the 40 foot landscaped setback of Lots 78, 79,80, 81,82,
and 86.
9. Prior to the approval of the final map , the developer shall submit to the City a N
Restriction to be filed in the office of the County Recorder, subject to the satisfa
the Planning Director, notifying all interested parties and successor7s in interest .
City of Carlsbad has issued a revised tentative map (CT93-09(A)) a 96 lot resi
subdivision on the real property owned by the developer. Said Notice of Res
shall note the property description, location of the file containing complete projecl
and all conditions of approval as well as any conditions or restrictions specii
inclusion in the Notice of Restriction. The Planning Director has the authority to I
and record an amendment to the notice which modifies or terminates said notice
showing of good cau.se by the developer or successor in interest.
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Engineering:
NOTE 1: Unless specifically stated in the condition, all of the following engineering cc
upon the approval of this proposed tentative map amendment, must be met prior to apl
a final map.
NOTE 2: The Engineering Conditions of Approval which are included in a
Planning Commission Resolution 3869, are still applicable and still must be I!
except Conditions 49a and d, 50 and 55 which are deleted, and Conditions 45,61,5
which are modified herein by Special Engineering Conditions 16, 17 & 18, 19
respectively.
General:
10. 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.
1 1. All concrete terrace: drains shall be maintained by the homeowner's associatic
commonly owned property) or the individual property owner (if on an indi
owned lot). An appropriately worded statement clearly identifying the respo
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
12. The developer shall provide for sight distance corridors at all street intersec
accordance with Engineering Standards and shall record the following statemen
Final Map (and in th.e CC&Rs).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches abovc
street level or vegetation having a canopy of less than 8 feet high shall be place
permitted to encroach within the area identified as a sight distance corrido
accordance with City Standards. The underlying property owner shall maintain
condition."
FeedAgreements:
13. The developer shall pay all current fees and deposits required.
Dedicationsflmprovements:
14. Drainage outfall end treatments for any drainage outlets where a direct access r
maintenance purposes is not provided, shall be designed and incorporated i
gradinghmprovement plans for the project. These end treatments shall be designc
to prevent Vegetation growth fiom obstructing the pipe outfall. Designs could con
modified outlet hestdwall consisting of an extended concrete spillway sectic
longitudinal curbing and/or radially designed rip-rap, or other means deemed apprl
as a method of preventing vegetation growth directly in front of the pipe outlet
satisfaction of the Community Services Director and the City Engineer.
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Final Map Notes:
15. Geo-technical Caution:
a) The owner of this property on behalf of itself and all of its successors ir
has agreed t’o hold harmless and indemnify the City of Caslsbad from ar
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; and
b) “No structure, fence, wall, tree, shrub, sign, or other object over 30 ir
above the street level or vegetation having a canopy of less than 8 feet
shall be placed or permitted to encroach within the area identified as a I
distance corridor in accordance with City Standards. The underlying pro]
owner shall maintain this condition.”
Special Engineering Conditions:
General:
Note: The following additions, deletions, replacements pertain to Planning Com
Resolution No. 3869.
16. Engineering Condition of Approval No. 45 is hereby deleted and replaced F
following:
“There shall be one final subdivision map recorded for this project.”
Grading:
17. Engineering Condition of Approval No. 61 is hereby deleted and replaced P
following:
“Based upon a review of the proposed grading and the grading quantities sh
the tentative map, a grading permit for this project is required. The develop1
submit and receive approval for grading plans in accordance with City Coc
Standards prior to issuance of any building permit for the project.”
18. The “Note” includeld in Engineering Condition of Approval No. 61 is hereby
and replaced with the following:
“Prior to the issuance of a grading permit, the developer shall submit prooj
Notice of Intention has been submitted to the State Water Resources (
Board.”
19. Engineering Condition of Approval No. 51 is hereby deleted and replaced w
following:
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“Prior to issuance of building permits, the developer shall underground all
overhead utilities along; and within the subdivision boundary.”
20. Engineering Condition of Approval No. 56 is hereby deleted and replaced 1
following:
“Plans, specifications, and supporting documents for all public improveme1
be prepared to the satisfaction of the City Engineer. In accordance with ap
Water District and City Standards, the developer shall install, or agree to ins
secure with appropriate security as provided by law, improvements showr
tentative map, as set forth below:
a) Poinsettia Lane, from Aviara Parkway to Black Rail Road, as follows:
i) full Major Arterial (102’ right of way) grading;
ii) two 18’ travel lanes;
iii) unimproved 18’ raised median;
iv) 5’ minimum width asphaltkoncrete (NC) sidewalk (one
Reach I only);
v) any required transitions to existing grading and improvemenl
the Poinsettia Lane/Aviara Parkway intersection;
vi) any required transitions at the Poinsettia Lane/”A” St
intersection;
vii) any required transitions to the grading and improvements at
Poinsettia LaneMack Rail Road intersection; and
viii) all subsurface utility improvements.
b) Poinsettia Lane “on-site”, as follows:
i) full Major Arterial (102’ right of way) grading;
ii) full Major Arterial travel lanes;
iii) fully improved 18’ raised median;
iv) 5.5’ concrete sidewalk;
v) street light standardls; I
vi) any required transitions to the grading and improvements at
Poinsettia Lanemlack Rail Road intersection; and
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vii) all subsurface utility improvements.
c) Traffic signal at the “A” Street (Brigantine Road)/Poinsettia Lane
Black Rail Road/Poinsettia Lane intersections.*
* The developer shall enter into a secured agreement with the
guaranteeing the subdivision’s pro-rated share of the design
construction cost for the future installation of City standard tr
signals based upon the project’s share of average daily traffic (A
which utilize the intersections and which will benefit from the tr
signals.
d) Full local street improvements to “B, F and a portion of D & G” Str
to a 60’ right of way/40’ curb to curb width, including street 1
standards, concrete sidewalks and all subsurface utility improvementr
e) Full cul-de-sac street improvements to “C, E, H and a portion of D &
Streets, to a 56’ right of way/36’ curb to curb width, including street 1
standards, concrete sidewalks and all subsurface utility improvement!
f,) Partial local “off-site’’ street improvements to “A” Street, as follows:
i) minimum of 32’ of A/C paving (one-half street, plus 127;
ii) minimum 5.5’ concrete sidewalk;
iii) minimum grading of 42’ width;
iv) street light standards; and
v) all subsurface utility improvements.
g) Partial 1oca.l “on-site” street improvements to Black Rail Road,
follows:
i) full Local Street (60’ right of way) grading;
ii) minimum of 32’ of A/C paving (one-half street, plus 12’);
iii) minimum 5.5’ concrete sidewalk;
iv) street light standards; and
v) all subsurface utility improvements.
h) Partial locall “off-site” street improvements to Black Rail Road, fr
Poinsettia Lane to existing Aviara Parkway, as follows:
i) full Llocal Street (60’ right of way) grading;
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ii) minimum of 28’ of A/C paving; and
iii) all subsurface utility improvements.
i) A list of the above improvements shall be placed on an additional m: on the final map per the provisions of Sections 66434.2 of the Sub
Map Act. Improvements listed above shall be constructed within 18
of approval! of the secured improvement agreement or such other
provided in said agreement.”
21. The developer is eligible for fee credits and/or reimbursement of that Portia
Poinsettia Lane improvements constructed by the developer which are incl
the project description for Bridge and Thoroughfare District No. 2 (Aviara P - Poinsettia Lane) pursuant to the provisions of the fee study report for the
Prior to final map approval the developer shall enter into a reimbu
agreement with the City in accordance with terms and conditions as
approved by the City Council.
22. A typical plan vilew retaining wall detail shall be added to the “Typi
Drainage” detail om sheet 2 of 6 of the tentative map indicating that a 5’ mi
width shall be held from the face of any structure to the face of any retainil
and a 3 ft. minimum width shall be held from the face of any structure to t
line, regardless of the height of the proposed wall. This shall be shown
conforming mylar tentative map; and
23. The following shall be added as “General Design Note’’ #17, on sheet 1 of ’
conforming mylar tentative map: “Any retaining walls which are added t
located a minimu~m of 5’ away from any structure. This 5’ distance SI
measured from the face of the retaining wall to the face of any structu
minimum of 3’ shad1 be held from the face of any structure to the flow line
requirements shall apply regardless of the height of any proposed retaining VI
shall be approved by the City Engineer, prior to building permit issuance.”
Water:
Note: The Water conditions contained in Resolution No. 3869 are superseded
following conditions.
24. 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 Sar
County Water Authority capacity charge will be collected at issuance of applica
any meter installation.
25. The Developer shall provide detailed information to the District Engineer regardin
demand, irrigation demand, fire flow demand in gallons per minute, and projectec
flow in million gallons per day.
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26. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to insure that adequate
pressure and flow demands can be met.
27. All District pipelines, pump stations, pressure reducing stations and appul
required for this project by the District shall be within public right-of-way o
easements granted to the District or the City of Carlsbad.
28. Sequentially, the De:veloper’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection requirem
b) Prepare and ,submit a colored recycled water use area map and submit thi
the Planning Department for processing and approval by the District I
and
c) Prior to the preparation of sewer, water and recycled water improve me^
the Developer shall submit preliminary system layouts to the District Eng
review, comment and approval.
29. The following note shall be placed on the final map. “This project is approved 1
expressed condition that building permits will not be issued for developmen
subject property unless the District serving the development has adequate w
sewer capacity available at the time development is to occur, and that such w
sewer capacity will continue to be available until time of occupancy.”
30. All potable water and recycled water meters shall be placed within public right of
3 1. The following items shall apply:
a) No more tham 19 homes shall be served on a single potable water disl
pipeline. For those locations with more than 19 homes, a looped potab
pipeline system shall be designed; and
b) A public fire flow system shall be required for this industrial or con:
development, and it shall be constructed as a looped pipeline system.
32. The City acknowledges that the off-site improvements described below are
responsibility of the developer. Nevertheless, as an accommodation to the City,
the benefit of city-wide planning, the developer agrees to install the following
improvements (‘‘Water Line Improvements”):
a) Two (2) potable water mains within the segment of Poinsettia Lam
Aviara Parkway to Black Rail Road, which shall consist, respectively,
approximately two thousand seven hundred lineal feet (2,700’) of s
inch (16”) steel water main pipe, and (B) approximately two thousanc
hundred lineal feet (2,700’) of twenty-four inch (24”) steel water mai
and
PC RES0 NO. 43 18 -13-
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b) One (1) reclaimed water main within the segment of Poinsettia La
Aviara Parkway to Black Rail Road which shall consist of approxima
thousand seven hundred seventy-five lineal feet (2,775’) of eight-il
PVC reclaimed water main pipe;
provided, however, the developer shall not be obligated to install the WI
improvements unle:;s (I) the City acquires all necessary rights-of-way and et
(including, without limitation, any off-site grading and borrow site easements) rt
the construction and use of the roadway along the portion of Poinsettia Lane
Aviara Parkway and Black Rail Road, (ii) the Water District and the d
execute a reimburse:ment agreement (the “Water Line Agreement”), in form anc
acceptable to both the Water District and the developer, requiring the Water Di
reimburse the developer in an amount equal to the actual cost of the installatio
Water Line Improvements, and (iii) at the time the map is otherwise scheduled tc
final approval, the Water District is not in default under such Water Line Agreen
33. The City acknowledges that the improvements described below are to be constn
the developer in such size and capacity as to accommodate neighboring propc
improvement of which is not the responsibility of the developer. Nevertheles
accommodation to the City, and for the benefit of city-wide planning, the de
agrees to install the following off-site improvements (“Deep Sewer Improvemen
depth of approximately 40’) within Brigantine Drive, and within Poinsettia La
Brigantine Drive to Aviara Parkway, which Deep Sewer Improvements area of
capacity than would otherwise be required if such Deep Sewer Improvements WI
to serve the developer’s property: I
Approximately six hundred ninety-six linear feet (696’) of eight-incl:
(8”) diameter pipeline from station 9+25.37 to station 16+21.47 and to
the two man-holes at station 12+75.67 and station 16+21.47, plus
approximately seven hundred forty-eight linear feet (748’) of eight-
inch (8’) diameter pipeline from station 10+00 to station 15+92.81 and
from station 10-+49.31 to station 12+05.20;
provided, the Water District and the developer execute a reimbursement agreem
“Deep Sewer Agreement”), in form and content acceptable to both the City
developer.
Code Reminder:
34. The project is subject to all applicable provisions of local ordinances, including bu
limited to the following:
a) The developer shall exercise special care during the construction phase
project to pre:vent off-site siltation. Planting and erosion control shall be PJ
in accordance with the Carlsbad Municipal Code and the City Engineer.
...
1 PC RES0 NO. 43 18 .14-
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l NOTICE
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Please take NOTICE that approval of your project includes the “imposition” of fees, ded 3
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reservations, or other exactions hereafter collectively referred to for conveni
“fees/exactions.”
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You have 90 days from June 17, 1998 to protest imposition of these feedexactions.
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER. NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1:
zoning, grading or other si~milar application processing or service fees in connection I
project; NOR DOES IT APPLY to any feedexactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
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Commission of the City of Carlsbad, California, held on the 17th day of June, 1998 14
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
l5 following vote, to wit:
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AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Savary, and Welshons
l8 II NOES:
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ABSENT: Commissioner Nielsen
ABSTAIN:
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‘L+&.. k7 k:’ I j
r e,/ 3’;. :i
.e.&?>
son
:OMMISSION
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ATTEST:
MICHAEL J. HO%MIL!&R
Planning Director
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