HomeMy WebLinkAbout1998-08-05; Planning Commission; Resolution 430411 0 0
a- 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. 4304
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO FIVE LOTS ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST SIDE OF AVENIDA
ENCINAS AND IMMEDIATELY EAST OF THE AT&SF
RAILWAY IN LOCAL FACILITIES MANAGEMENT ZONE 9
CASE NAME: POINSETTIA SHORES AREA D
CASE NO.: CT 97- 19
WHEREAS, Kaka Poinsettia Corporation, “Developer”, has filed a
CARLSBAD TRACT NUMBER CT 97-19 TO SUBDIVIDE 4.5
application with the City of Carlsbad regarding property owned by Kaka Po
Corporation, “Owner”, described as
Lot 8 of Carlsbad Tract No. 94-01, Poinsettia Shores Unit 1, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 13181, filed in the office of the
County Recorder of San Diego County, on January 26,1995
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentatil
Map as shown on Exhibit(s) “A” - “L” dated August 5, 1998, on file in the F
Department, POINSETTIA SHORES AREA D, CT 97-19 as provided by Title 2(
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of July 1998
the 5th day of August 1998, hold a duly noticed public hearing as prescribed by law to c
said request; and
WHEREAS, at said public hearing, upon hearing and considering all tet
and arguments, if any, of persons desiring to be heard, said Commission considered all
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
.*
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
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES POINSETTIA SHORES AREA D, CT 97-19 based
following findings and subject to the following conditions:
Findinm:
1. That the proposed map and the proposed design and improvement of the subdi
condition, is consistent with and satisfies all requirements of the General P
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in that
being created satisfy all minimum requirements of Title 20 governing lot s
configuration and have been designed to comply with all other applical
regulations.
2. That the proposed project is compatible with the surrounding future land u:
surrounding properties are designated for RLM and RM residential developme
General Plan, in that the land uses called for by the approved Master Plan (R
RM residential uses) implement the City’s General Plan.
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 project site can accommodate the proposed re!
development while providing all required setbacks and other amenities reql
the approved Master Plan and any other applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subdivi:
5. That the property is not subject to a contract entered into pursuant to t
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future pa
natural heating or cooling opportunities in the subdivision, in that the project 1
an area of predominantly westerly winds and has been designed to pro
adequate circulation within and surrounding the proposed residential units.
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 housi~
against the public service needs of the City and available fiscal and envirc
resources.
8. That the design of the subdivision and improvements are not likely to cause su
environmental damage nor substantially and avoidably injure fish or wildlife
PC RES0 NO. 4304 -2-
.* 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
I
habitat, in that the project site contains no environmentally sensitive sp
habitat.
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 prc
been designed in accordance with the Best Management Practices for watel
protection in accordance with the City’s sewer and drainage standards
project is conditioned to comply with all applicable National Pollution D
Elimination System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned hereil
conformance with the Elements of the City’s General Plan, based on the followin:
a. Land Use - The project is consistent with the City’s General Plan I
proposed density of 6.2 ddac is within the density range of 4 - 8 ddac
for the site as indicated on the Land Use Element of the General Plan, an
below the density allowed by the Poinsettia Shores Master Plan (8 dl
the project site.
b. Circulation - The circulation system is designed to provide adequate :
the proposed units, and complies with all applicable City design st
and all requirements of the approved Master Plan.
c. Noise - The proposed residential development has been designed to i
noise wall to mitigate noise impacts from the adjacent railway line
proposed units will be constructed to mitigate noise impacts to the in
the units.
d. Housing - That the project is consistent with the Housing Element of the
Plan and the Inclusionary Housing Ordinance as the Developer has entc
an Affordable Housing Agreement to purchase credits for 90 dwelling
the Laurel Tree housing development as affordable to lowe
households.
e. Parks and Recreation - The proposed project provides private recreati
in the form of private yards and provides a common recreation a
centralized location within the Master Plan.
11. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan, and all City public facility polj
ordinances since:
a. The project has been conditioned to ensure that the final map will not be
unless the City Council finds that sewer service is available to serve thc
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless thc
Engineer determines that sewer service is available, and building cam
PC RES0 NO. 4304 -3 -
~. 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 ~
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. Statutory School fees will be paid to ensure the availability of school fa(
the Carlsbad School District;
c. Park-in-lieu fees are required as a condition of approval;
d. All necessary public improvements have been provided or are req
conditions of approval; and
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 9.
Conditions:
Planning;:
NOTE: Unless specifically stated in the condition, all of the following conditions 1
approval of this proposed major subdivision must be met prior to approval of a final mar
1. Staff is authorized and directed to make, or require the Developer to makl
corrections and modifications to the Tentative Tract Map documents necessa
make them internally consistent and in conformity with final action on the prl
Development shall occur substantially as shown in the approved Exhibits.
proposed development different from this approval shall require an amendment tl
approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy (
Tentative Map as approved by the final decision making body. The Tentative
shall reflect the conditions of approval by the City. The Map copy shall be subn
PC RES0 NO. 4304 -4-
.: a 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
to the City Engineer and approved prior to building, grading, final mal
improvement plan submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan c!
a reduced legible version of the approving (resolution(s)) on a 24" x 36" blu
drawing. Said blueline drawing(s) shall also include a copy of any applicable Cc
Development Permit and signed approved site plan.
5. The final map shall not be approved unless the City Council finds as of the tir
such approval that sewer service is available to serve the subdivision.
6. Building permits will not be issued for development of the subject property unle:
District Engineer determines that sewer facilities are available at the tin
application for such sewer permits and will continue to be available until tin
occupancy. A note to this effect shall be placed on the final map.
7. The Developer shall pay the public facilities fee adopted by the City Council on
28, 1987, (amended July 2, 1991) and as amended from time to time, and
development fees established by the City Council pursuant to Chapter 21.90 o
Carlsbad Municipal Code or other ordinance adopted to implement a gr
management system or Facilities and Improvement Plan and to fulfill the subdivi
agreement to pay the public facilities fee dated November 20, 1997, a copy of P
is on file with the City Clerk and is incorporated by this reference. If the fees ar
paid, this application will not be consistent with the General Plan and approvl
this project will be void.
8. This project shall comply with all conditions and mitigation measures whicl
required as part of the Zone 9 Local Facilities Management Plan and any amendr
made to that Plan prior to the issuance of building permits.
9. If any condition for construction of any public improvements or facilities, o
payment of any fees in-lieu thereof, imposed by this approval or imposed by la
this residential housing project are challenged this approval shall be suspend€
provided in Government Code Section 66020. If any such condition is determint
be invalid this approval shall be invalid unless the City Council determines tha
project without the condition complies with all requirements of law.
10. Approval of CT 97-19 is granted subject to the approval of CP 97-06 and CDI
48. CT 97-19 is subject to all conditions contained in Planning Commi!
Resolutions No. 4305 and 4306 for CP 97-06 and CDP 97-48.
11. The Developer shall establish a homeowner's association and correspor
covenants, conditions and restrictions. Said CC&Rs shall be submitted to
approved by the Planning Director prior to final map approval. Prior to issuance
building permit the Developer shall provide the Planning Department with a recc
copy of the official CC&Rs that have been approved by the Department of
PC RES0 NO. 4304 -5-
. '. 0 0
I' 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 I
Estate and the Planning Director. At a minimum, the CC&Rs shall contair
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 Decla
favor of, or in 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 7
, the City shall have the right, but not the duty, to ped
necessary maintenance. If the City elects to perform such maintenance,
shall give written notice to the Association, with a copy thereof to the 0
the Project, setting forth with particularity the maintenance which the Cit:
be required and requesting the same be carried out by the Association
period of thirty (30) days from the giving of such notice. In the even1
Association fails to carry out such maintenance of the Common Area Lo
Association's Easements within the period specified by the City's notice,
shall be entitled to cause such work to be completed and shall be er
reimbursement with respect thereto 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 Associatio
pay such invoice in full within the time specified, the City will pursue c
against the Owners in the Project pursuant to the provisions of this 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 a1
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 01
hidher respective Lot for purposes of collecting such special asses
accordance with the procedures set forth in Article of this Decl
27
28 PC RES0 NO. 4304 -6-
L: 0 0
rr 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. A statement to the effect that no enclosed or unenclosed additions
allowed at any time by any owners, successors in interest, and/or oc
except for the allowance shown on the approved “TrellisRatio COVI
Plan”.
12. Prior to the issuance of the building permit, 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, notifling all interested parties and successors in interes
City of Carlsbad has issued a Tentative Tract Map, Condominium Per1
Coastal Development Permit by Resolutions No. 4304, 4305, and 4306 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 1
the Developer or successor in interest.
13. No outdoor storage of materials shall occur onsite unless required by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 7
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, t~
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
16. Building identification and/or addresses shall be placed on all new and existing I:
so as to be plainly visible from the street or access road; color of identificatio
addresses shall contrast to their background color.
17. 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. In addi
sales office shall prominently display the approved “TrellisRatio Covt
Plan”. Prior to the issuance of a certificate of occupancy for any units, an in
shall be made by Planning Department staff to ensure compliance w
condition. During the course of subsequent final inspections and ocl
approvals by the Planning Department, random monitoring and
inspections of the sales office shall be made by Planning Department staff tl
continued compliance with this condition. If the sales office is found to b
compliance with this condition at any time, certificate of occupancy approv
PC RES0 NO. 4304 -7-
.- a 0
Lf 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
I
28 ~
be suspended by the Planning Director until compliance is achieved
satisfaction of the Planning Director.
18. 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.
19. This project is being approved as a condominium permit for residential homeo
purposes. If any of the units in the project are rented, the minimum time incre
such rental shall be not less than 26 days. The CC&Rs for the project shall inc
requirement.
20. 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.
21. 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 Att
22. Maintenance responsibilities for the common areas (to be maintained
homeowners association) and for the exclusive use areas (to be maintainec
individual airspace unit owners) shall be as delineated on the a
“Maintenance Responsibilities” exhibit, and this information shall also be SI
the detailed landscape plan and the final grading plan for this projec
Condominium Plan (filed with the Department of Real Estate) shal
conformance with the “Maintenance Responsibilities” exhibit.
23. Prior to approval of the first building permit and prior to the constructio
private pedestrian trail, the developer shall prepare and obtain Planning
approval of a “Trail Amenities’’ exhibit which shows all amenities requirec
private trail by the Poinsettia Shores Master Plan.
24. Prior to the granting of occupancy for the first dwelling unit in this plann
(Planning Area D) the construction of the private pedestrian trail, il
construction of all of the amenities identified on the approved “Trail An
exhibit, which is within this planning area shall be completed.
25. Prior to the approval of any final map or the issuance of any permits w:
Poinsettia Shores Master Plan, the applicant for the final map or per1
submit evidence to the City that impacts to school facilities have been miti
conformance with the City’s Growth Management Plan to the extent pern
applicable state law for legislative acts. If the mitigation involves a f
scheme such as a Mello-Roos Community Facilities District which is incl
with the City’s Growth Management Plan, including City Council Policy S.
II PC RES0 NO. 4304 -8-
.- 0 0
L : 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
No. 38, the developer shall submit disclosure documents for approval by
Manager and City Attorney which shall disclose to future owners in the pr
the maximum extent possible, the existence of the tax district. At a minim
project CC&Rs shall require maximum disclosure and signed statemc
disclosures upon transfer of residential property.
Engineering;:
General
26. Prior to issuance of any building permit, the developer shall comply 7
requirements of the City's anti-graffiti program for wall treatments if and whe
program is formally established by the City.
27. There shall be one final subdivision map recorded for this project.
28. The developer shall provide an acceptable means for maintaining the private e:
within the subdivision and all the private: streets, sidewalks, street lights, sto!
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.
29. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees from any claim, action or proceeding against the City or itl
officers, or employees to attack, set aside, void or null an approval of the 1
Planning Commission or City Engineer which has been brought against the Cil
the time period provided for by Section 66499.37 of the Subdivision Map Act.
30. 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 cond?
requirements the City Engineer may impose with regards to the hauling operation
3 1. Rain gutters must be provided to convey roof drainage to an approved drainage c
street to the satisfaction of the City Engineer.
FeedAereements
32. The developer shall provide for sight distance corridors at all street intersec
accordance with the Highway Design Manual Index 201.1 for stopping sight dist
shall record the following statement on the Final Map (and in the CC&Rs).
a. "No structure, fence, wall, tree, shrub, sign, or other object over 30 inch
the street level may be placed or permitted to encroach within the area i
as a sight distance corridor in accordance with the Highway Design Man1
1 PC RES0 NO. 4304 -9-
I. 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
201.1 for stopping sight distance. The underlying property owner shall 1
this condition."
3 3. The developer shall pay all current fees and deposits required.
34. The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
35. Prior to approval of any grading or building permits for this project, the owner s:
written consent to the annexation of the area shown within the boundarie:
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
Grading
36. Based upon a review of the proposed grading and the grading quantities show
tentative map, a grading permit for this project is required. (The developer mu$
and receive approval for grading plans in accordance with City codes and standa
to issuance of a building permit for the project.)
37. Prior to issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to
Water Resources Control Board.
3 8. 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 devela
either amend the tentative map or modify the plans so grading will not occur OL
project site in a manner which substantially conforms to the approved tentativc
determined by the City Engineer and Planning Director.
DedicationsAmDrovements
39. The developer shall install or agree to install and secure an appropriate se
provided by law desiltatioddetentiodurban pollutant basin(s) of a type and a si
1ocation)s) as approved by the City Engineer. The developer shall enter intc
maintenance agreement and submit a maintenance bond satisfactory to the City
prior to the approval of grding, building permit or final map, whichever occur:
this project. Each basin shall be serviced by an all-weather access maintenance r
40. Additional drainage easements m2y be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be rec
the City Engineer.
41. The owner shall make an offer of dedication to the City for all public st1
easements required by these conditions or shown on the tentative map. The offe I PC RES0 NO. 4304 -10-
*\ 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
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.
42. Prior to issuance of building permits, the developer shall underground all
overhead utilities along the subdivision boundary.
43. Direct access rights for all lotshnits abutting Avenida Encinas shall be waive
final map.
44. The drainage system shall be designed to ensure that runoff resulting from
frequency storms of 6 hours and 24 hours duration under developed conditions, i
to or less than the runoff from a storm of the same frequency and duration under
developed conditions. Both 6 hour and 24 hour storm durations shall be ana
determine the detention basin capacities necessary to accomplish the desired resu:
45. The developer shall comply with the City's requirements of the National !
Discharge Elimination System (NPDES) permit. The developer shall prot
management practices as referenced in the "California Storm Water Best Man
Practices Handbook'' to reduce surface pollutants to an acceptable level prior to C
to sensitive areas. Plans for such improvements shall be approved by the City I
Said plans shall include but not be limited to notifying prospective owners and t(
the following:
a. All owners and tenants shall coordinate efforts to establish or 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 st0
or storm water conveyance systems. Use and disposal of pesticides, fw
herbicides, insecticides, fertilizers and other such chemical treatments SI-
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 pl
when planning any changes to the landscaping and surface improvements.
46. The developer shall prepare plans, specifications, and supporting documents for a
improvements and shall install or agree to install and secure with appropriate set
provided by the State Subdivision Map Act Section 66462, improvements show
tentative map, all to the satisfaction of the City Engineer.
47. 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. Impro
PC RES0 NO. 4304 -1 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
shall be constructed within 18 months of approval of the secured improvement a!
or such other time as provided in said agreement.
48. Prior to occupancy of any buildings, the developer shall install wheelchair ram
public street corners abutting the subdivision in conformance with City of
Standards.
49. The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fees
paid prior to approval of the final map for this project.
Final Map Notes
50. Note(s) to the following effect(s) shall be placed on the final map as non-mappinl
a. All improvements are private and are to be privately maintained
exception of the following:
i) Sewer facilities that serve this project.
ii) Water facilities, including fire hydrants that serve this project.
b. Building permits will not be issued for development of the subject propen
the District Engineer determines that sewer facilities are available.
c. No structure, fence, wall, tree, shrub, sign, or other object over 30 inch1
the street level may be placed or permitted to encroach within the area it
as a sight distance corridor in accordance with the Highway Design Man1
20 1.1 for stopping sight distance. The underlying property owner shall
this condition.
52. A lot line adjustment between Lots 7 and 8 of Record Map No. 13181 to COI
the boundaries of the constructed recreational vehicle storage lot
accomplished by inclusion with this final map.
Fire Conditions:
53. Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in acceptance 1
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
54. Native vegetation which presents a fire hazard to structures shall be modified or :
in accordance with the specifications contained in the City of Carlsbad Li
Guidelines Manual. Applicant shall submit a Fire Suppression plan to
Department for approval.
PC RES0 NO. 4304 -12-
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
a. Prior to issuance of the building permit, the applicant shall obtain Fire De
approval of a wildland fuel management plan. The plan shall clearly
methods proposed to mitigate and manage fire risk associated wit
vegetation growing within 60 feet of structures. The plan shall re
standards presented in the fire suppression element of the City of I
Landscape Guidelines Manual; and
b. Prior to occupancy of buildings, all wildland fuel. mitigation activities
complete, and the condition of all vegetation within 60 feet of structures
be in conformance with an approved wildland fuel management plan.
55. The applicant shall provide a street map which conforms to the following requi
A 400 scale photo-reduction mylar, depicting proposed improvements and at 1
existing intersections or streets. The map shall also clearly depict street cel
hydrant locations and street names.
56. A monument sign shall be installed at the entrance to the driveway or priva
indicating the addresses of the buildings on site.
57. Prior to issuance of building permits, the Fire Department shall evaluate buildil
for conformance with applicable fire and life safety requirements of the State a
fire codes.
58. Provide additional public fire hydrants at intervals of 500 feet along public street
private driveways. Hydrants should be located at street intersections when possj
should be positioned no closer than 100 feet fiom terminus of a street or driveway
59. Applicant shall submit a site plan to the Fire Department for approval, which
location of required, proposed and existing public water mains and fire hydran
plan should include off-site fire hydrants within 200 feet of the project.
60. Applicant shall submit a site plan depicting emergency access routes, drivew;
traffic circulation for Fire Department approval.
6 1. An all-weather, unobstructed access road suitable for emergency service vehicles
provided and maintained during construction. When in the opinion of the Fire C1
access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require that construction operations cease u
condition is corrected.
62. All required water mains, fire hydrants and appurtenances shall be operationa
~ 63. Prior to final inspection, all security gate systems controlling vehicular access :
equipped with a “Knox”, key-operated emergency entry device. Applicant shall
the Fire Prevention Bureau for specifications and approvals prior to installation.
combustible building materials are located on the construction site.
PC RES0 NO. 4304 -13-
*c 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
Water Conditions:
64. 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:
any meter installation.
65. The Developer shall provide detailed information to the District Engineer regardil
demand, irrigation demand, fire flow demand in gallons per minute, and project<
flow in million gallons per day.
66. The entire potable water system, recycled water system and sewer system I
evaluated in detail by Developer and District Engineer to insure that adequate c
pressure and flow demands can be met.
67. All District pipelines, pump stations, pressure reducing stations and appw
required for this project by the District shall be within public right-of-way 0:
easements granted to the District or the City of Carlsbad.
68. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirements;
b. Prepare and submit a colored recycled water use area map and submit this ma
Planning Department for processing and approval by the District Engineer; anc
c. Prior to the preparation of sewer, water and recycled water improvement pl
Developer shall submit preliminary system layouts to the District Engin
review, comment, and approval.
69. The following note shall be placed on the final map: “This project is approved u
expressed condition that building permits will not be issued for development
subject property unless the District serving the development has. adequate wa
sewer capacity available at the time development is to occur, and that such wz
sewer capacity will continue to be available until time of occupancy.”
70. All potable water and recycled water meters shall be placed within public right-of-.
7 1. No more than 19 homes shall be served on a single potable water distribution p
For those locations with more than 19 homes, a looped potable water pipeline
shall be designed.
General:
72. If any of the foregoing conditions fail to occur; or if they are, by their terms
implemented and maintained over time, if any of such conditions fail to
PC RES0 NO. 4304 -14-
1
V 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
implemented and maintained according to their terms, the City shall have the
revoke or modifl all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute lit+
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s app
this Tentative Map, Condominium Permit, and Coastal Development Permit.
Standard Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not li
the following:
73. The developer shall exercise special care during the construction phase of this PI
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
74. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
75. The Developer shall pay park-in-lieu fees to the City prior to the approval of f
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes “imposition’’ of the followil
dedications, reservations, or other exactions. All fees herein imposed are payable at E
Permit issuance, except Drainage Fees, which are paid prior to final map approval. The a
set forth below are estimates; the final, actual amount due may vary, depending on the
formula variables, including the fee itself, at time of payment. The City reserves the 1
modify the fee, dedication, reservation, exaction, or an element thereof, to the extent pe
by law.
You have 90 days from August 5, 1998, as defined by the Code of Civil Procedure {
Notice pursuant to Carlsbad Municipal Code Section 1.16.010(f), to protest imposition c
fee/exactions. If you protest them, you must follow the protest procedure set fc
Government Code Section 66020(a), and file the protest and any other required informatic
the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.:
Failure to timely follow that procedure will bar any subsequent legal action to attack, revi
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees and ex
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl:
zoning, grading or other similar application processing or service fees in connection w:
project; NOR DOES IT APPLY to any fees or exactions of which you have previous1
PC RES0 NO. 4304 -1 5-
v I/ 0 e
f- 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 ' given a NOTICE similar to this, or as to which the statute of limitations has PI
otherwise expired.
, PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 5th day of August 199f
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, r\,
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
I
*.-
X%,'/?, i &>-gpz #. ;I 4 --e- Jzk 4
BAILEY NOBGk, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
I
~
u MICHAEL J. HOLZMKLER
Planning Director
PC RES0 NO. 4304 -1 6-