HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 42921
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PLANNING COMMISSION RESOLUTION NO. 4292
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 39.9 ACRES INTO 174 LOTS ON PROPERTY
GENERALLYLOCATEDATTHENORTHEASTCORNEROF
EL CAMINO REAL AND FUTURE COLLEGE BOULEVARD
IN LOCAL FACILITIES MANAGEMENT ZONE 15
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: CT 96-02
APPROVAL OF CARLSBAD TRACT NUMBER CT 96-02 TO
8 WHEREAS, CanAm Properties, LLC, “Developer”,, has filed a verified ar
9 with the City of Carlsbad regarding property owned by CanAm Properties, LLC, “
lo described as
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A portion of Lot B of Rancho Agua Hedionda, in the City of
Carlsbad, County of $an Diego, State of California, per Map
thereof No. 823, filed in the Office of the County Recorder of said
county, November 16, 1896, and Lots 1-10 of CT 83-36 per Map
No. 11242 as recorded in the Office of the County Recorder of San
Diego County May 23,1985.
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WHEREAS, said verified application constitutes a request for a Tentati 17
18 Map as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998, on file in the 1
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the Carlsbad Municipal Code; and 20
Department TERRACES AT SUNNY CREEK - CT 96-02, as provided by Chapter
(“the Property”); and
21 WHEREAS, the Planning Commission did, on the 3rd day of June I!
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17th day of June 1998, and the 1st day of July 1998, hold a duly noticed public he
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 al:
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
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
02 based on the following findings and subject to the following conditions
RECOMMENDS APPROVAL of TERRACES AT SUNNY CREEK -
Findings:
1. That the proposed map and the proposed design and improvement of the subdik
conditioned, is consistent with and satisfies all requirements of the General P
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and t
Subdivision Map Act, and will not cause serious public health problems, in
project is proposing densities within the General Plan Density Ranges (as a
concurrently herewith); prior to the recordation of any final map or the isst
any permits within Zone 15, the applicant for the final map or permit shall
evidence to the City that impacts to school facilities have been mitig
conformance with the City’s Growth Managmenent Plan ( as amended concl
herewith) to the extent permitted by applicable state law for legislative apl
the mitigation of onsite surface runoff so as not to affect on and offsite dowl
properties is required; major offsite sewer line construction is required; I
recordation of the final map an affordable housing agreement must be ente~
which provides for and deed restricts dwelling units as affordable to lower
households for the useful life of the dwelling units; prior to occupa1
construction of noise walls to meet the standards contained within the Gene1
is required; payment of park in lieu fees is required; and all densities, st
parking, recreational space, streets and storage meet the minimum standard
Planned Development Ordinance.
2. That the proposed project is compatible with the surrounding future land us(
surrounding properties are designated for circulation element roadway, open
and residential development on the General Plan.
3. That the site is physically suitable for the type and density of the development SI
site is adequate in size and shape to accommodate residential development at the
proposed, in that the residential development complies with all city polici
standardsj including zoning, without the need for variances from devell
standards.
4. That the design of the subdivision or the type of improvements will not cod
easements of record or easements established by court judgment, or acquired
public at large, for access through or use of property within the proposed subdiv:
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that the project has been designed and conditioned such that there are no 4
with any established easements.
5. That the property is not subject to a contract entered into pursuant to tl
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future p~
natural heating or cooling opportunities in the subdivision, in that the lots all0
variety of building placement alternatives, including the adequate placeml
separation of the homes, in combination with the future variety of floor plr
the dominant sea breezeisolar radiation patterns, will allow utilization of
heating and cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing I
by this subdivision, the housing needs of the region, and balanced those housir
against the public service needs of the City and available fiscal and envirc
resources. ' 1 8. That the design of the subdivision and improvements are not likely to cause SUI
habitat, in that all feasible mitigation measures or project alternatives id
13 within the Final EIR 98-01 and MEIR 93-01 which are appropriate to this
have been incorporated into the project and no significant impacts to fish, 7 14 or their respective habitats will occur.
12 environmental damage nor substantially and avoidably injure fish or wildlife
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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 d
requirements of the Terraces at Sunny Creek project and City of C
ordinances have been considered and appropriate drainage facilities ha\
designed and secured. In addition to City Engineering Standards and com
with the City's Master Drainage Plan, National Pollution Discharge Elim
System (NPDES) standards will be satisfied to prevent any discharge violatiol
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20 10. The Planning Commission finds that the project, as conditioned herein for C':
(Terraces at Sunny Creek), is in conformance with the Elements of the City's
21 Plan, based on the following:
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a. Land Use - The General Plan Land Use designation for this site is I;
RH which allows a density range of 4-8 dwelling units per net deve
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 1
land use designation is appropriate for single family or multi family d
units and the RH land use designation is appropriate for multi
dwelling units. In conformance with this finding, Terraces at Sunny <
proposing single family and multi family dwelling units.
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b. Circulation - The public street system serving this subdivision incl
Camino Real and College Boulevard (Circulation Element Arterials)
project has been conditioned to provide the necessary improvement
arterial. The Circulation Element of the General Plan does not
private streets, nor provide direction for minimum street design st:
for these improvements.
c. Noise - Prior to the issuance of building permits for this project and 2
delayed architectural review process, the developer is required to COI
noise study which will indicate the extent of the constructiol
combination of community theme walls and landscaped berms to ai
noise to mitigate exterior noise to the 60 dBA CNEL level and to 1
interior noise levels of the future homes to 45 dBA CNEL.
d. Housing - Prior to the approval of the final map the developer mu
entered into an Affordable Housing Agreement which mec
requirements set forth in Chapter 21.85 of the Carlsbad Municipal Cc
e. Open Space and Conservation - The Local Facilities Management E
Zone 15 indicates that the Open Space standard has been attained.
f. Public Safety - The project is conditioned to pay Public Facilities Fel
proposed project is required to provide streets, sidewalks, street ligl
fire hydrants, as conditions of approval.
g. Parks and Recreation - Terraces at Sunny Creek is conditioned to pay
lieu fees.
11. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
a. The project has been conditioned to ensure that the final map will not be a
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 1
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cannc
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemer
General Plan have been met insofar as they apply to sewer service for this I
b. The project is conditioned that prior to the recordation of a final n
applicant shall submit evidence to the City that impacts to school f
have been mitigated in conformance with the City’s Growth Mana
Plan, (as amended concurrently herewith) to the extent permil
applicable state law for legislative approvals.
c. Park-in-lieu fees are required as a condition of approval.
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d. All necessary public improvements have been provided or are req1
conditions of approval.
e. The developer has agreed and is required by the inclusion of an apI
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 2
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 ac
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availa
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 pa
Local Facilities Management Plan for Zone 15.
14. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
15. The Planning Commission of the City of Carlsbad has reviewed, analyzl
considered Final EIR 98-01, the environmental impacts therein identified
project; the Candidate Findings of Fact and the Statement of Overriding Considc
and the Mitigation Monitoring and Reporting Program, prior to RECOMMEI
APPROVAL of the project.
16. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case, that the e:
are imposed to mitigate impacts cause by or reasonably related to the project,
extent and the degree of the exaction is in rough proportionality to the impact ca
the project.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Tentative Map document(s), necessary to make them in
consistent and in conformity with final action on the project. Development sha
substantially as shown in the approved Exhibits. Any proposed development c
from this approval, shall require an amendment to this approval. The filing of tl
map shall constitute legal merging of the separate parcels into one parcel :
resubdivision of such parcel, and the real property shall be shown with tl
parcel boundaries on the assessment roll.
2. The Developer shall comply with all applicable provisions of federal, state, ar
ordinances in effect at the time of building permit issuance.
3. Unless specifically stated in the condition, all of the following conditions, u]
approval of this proposed major subdivision, must be met prior to approval of
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map.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, def
hold harmless the City of Carlsbad, its Council members, officers, employees, agt
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 Map, (k
approval or issuance of any permit or action, whether discretionary or non-discrc
in connection with the use contemplated herein, and (c) Developer/Operator’s ins
and operation of the facility permitted hereby, including without limitation, any
liabilities arising from the emission by the facility of electromagnetic fields I
energy waves or emissions.
5. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop
Tentative Map as approved by the final decision making body. The Tentati
shall reflect the conditions of approval by the City. The Map copy shall be subr
the City Engineer and approved prior to building, grading, final map, or imprc
plan submittal, whichever occurs first.
6. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline (
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve
Permit and signed approved site plan.
7. The final map shall not be approved unless the City Council finds as of the time
approval that sewer service is available to serve the subdivision.
8. Building permits will not be issued for development of the subject property un
District Engineer determines that sewer facilities are available at the time of apy
for such sewer permits and will continue to be available until time of occupancy.
to this effect shall be placed on the final map.
9. 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 deve
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or F
and Improvement Plan and to fulfill the subdivider’s agreement to pay the
facilities fee dated February 26, 1996, a copy of which is on file with the City C1
is incorporated by this reference. If the fees are not paid, this application will
consistent with the General Plan and approval for this project will be void.
10. Prior to approval of a final map or the issuance/approval of a building permit, wh
occurs first, the Developer shall submit evidence to the Planning Director that im
school facilities have been mitigated in conformance with the City’s
Management Plan to the extent permitted by applicable state law. If the mj
involves a financing scheme such as a Mello-Roos Community Facilities Distric
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is inconsistent with the City’s Growth Management Plan, including City Counc:
Statement No. 38, the Developer shall disclose to future owners in the projec
maximum extent possible, the existence of the tax and that the school district is tk
agency responsible for the financing district.
1 1. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 15 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
12. 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 bel
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.
13. The Developer shall display a current Zoning and Land Use Map in the sales offj
times, or suitable alternative to the satisfaction of the Planning Director.
14. All sales maps that are distributed or made available to the public shall include bl
limited to trails, future and existing schools, parks and streets.
15. The maintenance of all slopes, front yards, and common areas shall
responsibility of the Homeowner” Association and shall be so stated wil
CC&Rs governing that association.
16. Additional active common recreational facilities shall be provided at 1
woodland open space lot, at the terminus of “C” Street, and at the terminus
Street, to the satisfaction of the Planning Director.
17. A pedestrian access between the project and College Boulevard shall be p
adjacent to Lot No. 33, to the satisfaction of the Planning Director.
Engineering:
18. Prior to issuance of any building permit, the developer shall comply P
requirements of the City’s anti-graffiti program for wall treatments if and wher
program is formerly established by the City.
19. This project is approved for up to twelve final subdivision maps for the puq
recordation.
20. If the developer chooses to record a final subdivision map out of the phase show
tentative map, the new phasing must be reviewed and approved or conditionally a
by the City Engineer and Planning Director.
21. Unless specifically stated in the condition, all of the following engineering COI
upon the approval of this proposed major subdivision must be met prior to a
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of a final map.
22. The developer shall provide an acceptable means for maintaining the private es
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 wi
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
23. All concrete terrace drains shall be maintained by the homeowner's associatio
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
24. The developer shall defend, indemnify and hold harmless the City and its agents, I
and employees from any claim, action or proceeding against the City or its
officers, or employees to attack, set aside, void or null an approval of the C
Planning Commission or City Engineer which has been brought against the Cit:
the time period provided for by Section 66499.37 of the Subdivision Map Act.
25. 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 1
Engineer for the proposed haul route. The developer shall comply with all conditj
requirements the City Engineer may impose with regards to the hauling operation.
26. Rain gutters must be provided to convey roof drainage to an approved drainage c(
street to the satisfaction of the City Engineer.
27. The developer shall provide for sight distance corridors at all street intersecl
accordance with Engineering Standards and shall record the following statemenl
Final Map (and in the CC&Rs).
28, "No structure, fence, wall, tree, shb, sign, or other object over 30 inches abc
street level may be placed or permitted to encroach within the area identified as
distance corridor in accordance with City Standard Public Street-Design Criteria,
8 .B .3. The underlying property owner shall maintain this condition."
FeedAereements:
29. Prior to issuance of a building permit for any buildable lot within the subdivis
property owner shall pay a one-time special development tax in accordance wj
Council Resolution No. 9 1-39.
30. The developer shall pay all current fees and deposits required.
3 1. The owner of the subject property shall execute an agreement holding the City h;
regarding drainage across the adjacent property.
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32. The owner shall execute a hold harmless agreement for geologic failure.
33. Prior to approval of any grading or building permits for this project, the owner SI
written consent to the annexation of the area shown within the boundaries
subdivision plan into the existing City of Carlsbad Street Lighting and Lancl
District No. 1 on a form provided by the City.
34. Prior to the issuance of building permits for Lots No 76-79, 134-137 and 161-172
disclosure shall be placed on the deed to these properties, subject to the satisfactic
Planning Director and City Attorney, notifying all interested parties and succe
interest that soils and geologic conditions existed on such property which :
removal, replacement and recompaction of topsoil and subsoil materials as spec
geotechnical and souls reports submitted for this project, and that these geotechn
soils reports and other project details are on file with the City of Carlsbad Engl
Department.
Grading:
35. Based upon a review of the proposed grading and the grading quantities show
tentative map, a grading permit for this project appears to be required. The dc
must submit and receive approval for grading plans in accordance with City co
standards prior to issuance of a building permit for the project.
36. Prior to the issuance of a grading permit or building permit, whichever occurs f
developer shall submit proof that a Notice of Intention has been submitted to tl-
Water Resources Control Board.
37. Upon completion of grading, the developer shall ensure that an "as-graded" geoloj
is submitted to the City Engineer. The plan shall clearly show all the geology as E
by the grading operation, all geologic corrective measures as actually construc
must be based on a contour map which represents both the pre and post site gradin
plan shall be signed by both the soils engineer and the engineering geologist. T
shall be prepared on a 24" x 36" mylar or similar drafting film and shall be(
permanent record.
38. No grading for private improvements shall occur outside the limits of the PRI
unless a grading or slope easement or agreement is obtained from the owners
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 develop
either amend the SITE PLAN or modify the plans so grading will not occur out:
project site in a manner which substantially conforms to the approved SITE PI
determined by the City Engineer and Planning Director.
Dedications/Improvements:
39. The developer shall install or agree to install and secure with appropriate sect
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provided by law desiltatioddetentiodurban pollutant basin(s) of a type and a si2
. location(s) as approved by the City Engineer. The developer shall enter into
maintenance agreement and submit a maintenance bond satisfactory to the City I
prior to the approval of grading, building permit or final map whichever occurs
this project. Each basin shall be serviced by an all-weather access/maintenance rc
40. Additional drainage easements may be required. Drainage structures shall be pro
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
41. The owner shall make an offer of dedication to the City for all public stre
easements required by these conditions or shown on the tentative map. The offer
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 co:
City. Streets that are already public are not required to be rededicated.
a) El Camino Real shall be dedicated by the owner along the project fiontag
on a center line to right-of-way width of 63 feet and in conformance with
Carlsbad Standards.
b) College Boulevard shall be dedicated by the owner along the project fol
full width based on a right-of-way width of 102 feet and in conformar
City of Carlsbad Standards.
42. Plans, specifications, and supporting documents for all public improvements !
prepared to the satisfaction of the City Engineer. In accordance with City Stan&
developer shall install, or agree to install and secure with appropriate security as p
by law, improvements shown on the tentative map and the following improvemen
a) El Camino Real along the project frontage including appropriate transitio~
b) College Boulevard graded and improved to full.
43. Prior to issuance of building permits, the developer shall underground all
overhead utilities within the subdivision boundary.
44. Direct access rights for all lots abutting El Camino Real and College Boulevard
waived on the final map.
45. Subject to the satisfaction of the City Engineer, the drainage system s
designed to ensure that runoff under developed conditions, does not adverse1
the peak existing flooding conditions downstream.
46. The developer shall comply with the City's requirements of the National P
Discharge Elimination System (NPDES) permit. The developer shall provj
management practices as referenced in the "California Storm Water Best Man:
Practices Handbook" to reduce surface pollutants to an acceptable level prior to di
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47.
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and tc
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, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
fluids shall not be discharged into any street, public or private, or into st01
or storm water conveyance systems. Use and disposal of pesticides, fur
herbicides, insecticides, fertilizers and other such chemical treatments sh
Federal, State, County and City requirements as prescribed in their re
containers; and
c) Best Management Practices shall be used to eliminate or reduce surface PI
when planning any changes to the landscaping and surface improvements.
A list of the above improvements shall be placed on an additional map sheet on 1
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impro
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
48. The design of all private streets and drainage systems shall be approved by 1
Engineer. The structural section of all private streets shall conform to City of (
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fees
paid prior to approval of the final map for this project.
49. Drainage outfall end treatments for any drainage outlets where a direct access I
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 headwall consisting of an extended concrete spillway sectic
longitudinal curbing and/or radially designed rip-rap, or other means deemed app~
as a method of preventing vegetation growth directly in front of the pipe outle
satisfaction of the Community Services Director and the City Engineer.
Final Map Notes:
50. Notes to the following effects shall be placed on the final map as non-mapping dat
a) This subdivision contains a remainder parcel. No building permit shall bc
for the remainder parcel until it is further subdivided pursuant to the provi:
Title 20 of the Carlsbad Municipal Code.
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b) Geotechnical Caution:
i) Slopes steeper than two parts horizontal to one part vertical exi:
the boundaries of this subdivision; AND
ii) The owner of this property on behalf of itself and all of its succt
interest has agreed to hold harmless and indemnify the City of 1
from any action that may arise through any geological failure,
water seepage or land subsidence and subsequent damage that m
on, or adjacent to, this subdivision due to its construction, oper
maintenance.
c) No structure, fence, wall, tree, shrub, sign, or other object over 30 inchc
the street level may be placed or permitted to encroach within the area ic
as a sight distance corridor in accordance with City Standard Public Streel
Criteria, Section 8.B.3. The underlying property owner shall maint
condition.
5 1. If any condition for construction of any public improvements or facilities, or the 1
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro\.
Government Code Section 66020. If any such condition is determined to be inv
approval shall be invalid unless the City Council determines that the project wit.
condition complies with all requirements of law,
52. Approval of CT 96-02 is granted subject to the approval of PUD 96-02. CT !
subject to all conditions contained in Resolution No. 4249 for the Plannt
Development.
53. The Developer shall establish a homeowner’s association and corresponding co
conditions and restrictions. Said CC&Rs shall be submitted to and approved
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 I
Director. At a minimum, the CURS shall contain the following provisions:
A. General Enforcement by the City. The City shall have the right, but
obligation, to enforce those Protective Covenants set forth in this Declaration
of, or in which the City has an interest.
~ B. Failure of Association to Maintain Common Area Lots and Easements. In tl
that the Association fails to maintain the “Common Area Lots and
Association’s Easements” the City shall have the right, but not the duty, to
the necessary maintenance. If the City elects to perform such maintenance,
shall give written notice to the Association, with a copy thereof to the Ownel
Project, setting forth with particularity the maintenance which the City fin(
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required and requesting the same be carried out by the Association within a 1
thirty (30) days from the giving of such notice. In the event that the Associal
to carry out such maintenance of the Common Area Lots and/or Assol
Easements within the period specified by the City’s notice, the City shall be
to cause such work to be completed and shall be entitled to reimbursem
respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perfor
necessary maintenance to either Common Area Lots and/or Association’s Ea:
the City shall submit a written invoice to the Association for all costs incwre
City to perform such maintenance of the Common Area Lots and or ASSO(
Easements. The City shall provide a copy of such invoice to each Owne
Project, together with a statement that if the Association fails to pay such in
full within the time specified, the City will pursue collection against the 07
the Project pursuant to the provisions of this Section. Said invoice shall be
payable by the Association within twenty (20) days of receipt by the Associ:
the Association shall fail to pay such invoice in full within the period s;
payment shall be deemed delinquent and shall be subject to a late charge in an
equal to six percent (6%) of the amount of the invoice. Thereafter the C
pursue collection fiom the Association by means of any remedies available a
in equity. Without limiting the generality of the foregoing, in addition to 2
rights and remedies available to the City, the City may levy a special ass
against the Owners of each Lot in the Project for an equal prorata share of the
plus the late charge. Such special assessment shall constitute a charge on the 1
shall be a continuing lien upon each Lot against which the special assess
levied. Each Owner in the Project hereby vests the City with the right and 1
levy such special assessment, to impose a lien upon their respective Lot and
all legal actions and/or to pursue lien foreclosure procedures against any Ou
hisher respective Lot for purposes of collecting such special assessment.
54. Prior to the issuance of the building permits, Developer shall submit to the City 2
of Restriction to be filed in the office of the County Recorder, subject to the sati
of the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a(n) Tentative Map by Resolution No. on the real I
owned by the Developer. Said Notice of Restriction shall note the property des(
location of the file containing complete project details and all conditions of app
well as any conditions or restrictions specified for inclusion in the Notice of Res
The Planning Director has the authority to execute and record an amendment to th
which modifies or terminates said notice upon a showing of good cause by the Dc
or successor in interest.
55. This approval shall be null and void if the project site subject to this approva
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The Ci
not issue any grading, building, or other permit, until the annexation is complete
City Manager is authorized to extend the 60 days, for a period not to exceed
certain, upon a showing of good cause.
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Landscape:
56. Prior to occupancy of individual units, the applicant shall construct the con
themehoise attenuation walls shown on the Landscape Concept Plan Exhib
May 20,1998 in conformance with the required noise study.
57. Prior to issuance of building permits, the applicant shall submit a detailt
study addressing conformance with the Noise Element of the General
conformance with the required noise study.
58. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. T
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved pl
maintain all landscaping in a healthy and thriving condition, free fiom weeds, tr
debris.
59. Building identification and/or addresses shall be placed on all new and existing b
so as to be plainly visible from the street or access road; color of identificatiol
addresses shall contrast to their background color.
Environmental:
60. The Developer shall diligently implement, or cause the implementation of, all a1
mitigation measures identified in the Final EIR 98-01 and MEIR 93-01, inch
not limited to all areas to be graded shall be cleared and grubbed, a 7
Pollutant Discharge Elimination System Plan shall be required, the applica
obtain a 1603 Agreement and a 401 Certification, waste disposal are av
attenuation barriers are constructed as necessary, and the monitoring of ti
provided to conform to City standards.
61. The Developer shall implement, or cause the implementation of, Terraces at
Creek Project Mitigation Monitoring and Reporting Program, including but not
to demonstration that all items listed in Condition 25 have been performed.
62. 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 1
may be subject to noise impacts from the proposed or existing Transportation Cor
a form meeting the approval of the Planning Director and City Attorney (see Noi:
# 1 on file in the Planning Department).
63. Prior to the recordation of the first final tract map or the issuance of building 1
whichever occurs first, the Developer shall prepare and record a Notice that this I
is subject to overflight, sight and sound of aircraft operating from McClellan-I
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Airport, in a form meeting the approval of the Planning Director and the City
(see Noise Form #2 on file in the Planning Department).
64. The Developer shall post aircraft noise notification signs in all sales and/or rent;
associated with the new development. The number and locations of said signs
approved by the Planning Director (see Noise Form #3 on file in the
Department).
65. The Developer shall dedicate on the final map, an open space easement for those
of lot 174 which are (in slopes, wetlands, coastal sage scrub or other constrail
plus all other lands set aside as part of the Citywide Open Space System) in their
to prohibit any encroachment or development, including but not limited to fence
decks, storage buildings, pools, spas, stairways and landscaping other than that E
as part of (the grading plan, improvement plans, biological revegetation I
landscape plan, etc.) .
66. Removal of native vegetation andor construction of structures on Open Space
including but not limited to fences, walls, decks, storage buildings, pools, spas, s
and landscaping, other than that approved as part of (the grading plan, imprc
plans, biological revegetation program, landscape plan, etc.) is specifically prc
except upon written order of the Carlsbad Fire Department for fire prevention p
or upon written approval of the Planning Director, based upon a request f
Homeowners Association accompanied by a report from a qualified arborist
indicating the need to remove specified trees and/or plants because of di:
impending danger to adjacent habitable dwelling units. For areas containin:
vegetation the report required to accompany the request shall be prepared by a (
biologist.
Housing:
67. Prior to the approval of the final map for any phase of this project, or where a mz
being processed, prior to the issuance of building permits for any lots or UI
Developer shall enter into an Affordable Housing Agreement with the City to pro’
deed restrict dwelling units as affordable to lower-income households for the us
of the dwelling units, in accordance with the requirements and process set
Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable :
Agreement shall be binding on all future owners and successors in interest.
68. The Developer shall construct the required inclusionary units concurrent x
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 s
for development.
...
.. .
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Fire Conditions:
69. Units 70 through 78,133 through 137, and 160 through 172 shall be constr
accordance with the specifications stated in the “Urban Wildland Interfa
Fire Protection Engineering Analysis for the Terraces Residential Develo
dated December 3,1997, Revised April 2,1998, and approved by the Carlsl;
Marshall April 3,1998, on file in the Fire Marshal’s office.
70. The applicant’s building plan submittal shall include copies of the above rei
fire protection engineering analysis, and details of any special architectural
required by that analysis.
71. Prior to issuance of building permit, the applicant shall demonstrate
satisfaction of the Fire Marshal that the proposed building plans confort
design and construction specifications of the above referenced fire prl
engineering analysis.
72. Provide additional public fire hydrants at intervals of 500 feet along public streel
private driveways. Hydrants should be located at street intersections when poss
should be positioned no closer than 100 feet from terminus of a street or a drivew;
73. An all weather, unobstructed access road suitable for emergency service vehicles
provided and maintained during construction. When in the opinion of the Fire C.
access road has become unserviceable due to imclement weather or other rea:
may, in the interest of public safety, require that construction operations cease I
condition is corrected.
74. All required water mains, fire hydrants and appurtenances shall be operationa
combustible building materials are located on the construction site.
75. The applicant shall provide a street map which conforms to the following requir
A 400 scale photo reduction mylar, depicting proposed improvements and at 16
existing intersections or streets. The map shall also clearly depict street cenl
hydrant locations and street names.
Water Conditions:
76. The entire potable water system, reclaimed water system, and sewer system !
evaluated in detail to insure that adequate capacity, pressure and flow demands
met.
77. 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 applica
meter installation.
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78. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection requi:
Also obtain demand for domestic and irrigational needs from appropriate 1
b) Prepare a colored reclaimed water use area map and submit to the 1
Department for processing and approval.
c) Prior to the preparation of sewer, water, and reclaimed water improvemel
a meeting must be scheduled with the District Engineer for review, comn
approval of the preliminary system layouts and usages (ie-GPM-EDU).
79. This project is approved upon the expressed condition that building permits wil
issued for development of the subject property unless the water district sen
development determines that adequate water service and sewer facilities are ava
the time of application for such water service and sewer permits will contin1
available until time of occupancy.
General Conditions:
80. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
fbture building permits; deny, revoke or further condition all certificates of occ
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s app
this Tentative Tract Map.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not 1i1
the following code requirements:
8 1. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
82. The following note shall be placed on the Final Map: “Prior to issuance of a 1
permit for any buildable lot within the subdivision, the Developer shall pay a o
special development tax in accordance with the City Council Resolution No. 91-35
83. Approval of this request shall not excuse compliance with all applicable section
Zoning Ordinance and all other applicable City ordinances in effect at time of 1
permit issuance, except as otherwise specifically provided herein.
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84. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
85. The Developer shall submit a street name list consistent with the City’s strc
policy subject to the Planning Director’s approval prior to final map approval.
86. All landscape and irrigation plans shall be prepared to conform with the I,:
Manual and submitted per the landscape plan check procedures on file in the I
Department.
87. Any signs proposed for this development shall at a minimum be designed in conf
with the City’s Sign Ordinance and shall require review and approval of the 1
Director prior to installation of such signs.
88. The developer shall exercise special care during the construction phase of this p
prevent off-site siltation. Planting and erosion control shall be provided in act
with the Carlsbad Municipal Code and the City Engineer.
89. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire I
systems and other fire protection systems shall be submitted to the Fire Depart]
approval prior to construction.
90. The project is subject to all applicable provisions of local ordinances, including
limited to the following:
a) The developer shall exercise special care during the construction phast
project to prevent offsite siltation. Planting and erosion control shall be I
in accordance with the Carlsbad Municipal Code and the City Engineer; su
b) Some improvements shown on the TENTATIVE MAP and/or required I
conditions are located offsite on property which neither the City nor the ov
sufficient title or interest to permit the improvements to be made
acquisition of title or interest. The developer shall conform to Section 2(
of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for convenic
“fees/exactions.”
You have 90 days from date of the final City Council approval to protest imposition
fees/exactions. If you protest them, you must follow the protest procedure set :
Government Code Section 66020(a), and file the protest and any other required informat:
the City Manager for processing in accordance with Carlsbad Municipal Code Section 3
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Failure to timely follow that procedure will bar any subsequent legal action to attack, re
aside, void, or 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 F
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 1st day of July 1998,
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy an(
Compas
NOES: Commissioners Nielsen, Savary and Welshons
ABSENT:
ABSTAIN:
'$5 /Q
$<++$I p" k. e&:; .k.g,.. ""/ -hq &d& Ff d J \a. -x&yq B ;$ ';" *e
BAILEY NOR@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1
MICHAEL J. HOLMLLEW
Planning Director
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