HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 4342* 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
PLAMVING COMMISSION RESOLUTION NO. 4342
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT NUMBER CT 98-02 TO GRADE AND
SUBDIVIDE 35.37 ACRES INTO 30 LOTS ON RESIDENTIAL
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF RANCHO SANTA FE ROAD BETWEEN OLIVENHAIN
ROAD AND CALLE ACERVO IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASE NAME: COLINA ROBLE
CASE NO.: CT 98-02
WHEREAS, Colina Roble LLC, “De~eloper’~, has filed a verified apy
with the City of Carlsbad regarding property owned by Wiegand Properties Part1
“Owner”, described as
A portion of Lot 13 of the Subdivision of Rancho Las Encinitas, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 848, filed in the office of the County
Recorder of San Diego County, on Julne 27,1898
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentatil
Map as shown on Exhibit(s) “A” - “G” dated August, 19, 1998, on file in the P
Department, COLINA ROBLE, CT 98-02 as prolvided by Title 20 of the Carlsbad MI
Code; and
WHEREAS, the Planning Commission did, on the 19th day of August 195
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te:
and arguments, if any, of persons desiring to be heard, said Commission considered all
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P:
Commission of the City of Carlsbad as follows:
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) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES COLINA ROBLE, CT 98-02 based on the following find.
subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdiy
condition, is consistent with and satisfies all requirements of the General P
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and 1
Subdivision Map Act, and will not cause serious public health problems, in that
being created satisfy all minimum requirements of Title 20 governing lot si
configuration and have been designed to comply with all other applical:
regulations.
2. That the proposed project is compatible with the surrounding hture land usl
surrounding properties to the north and east are designated for singlc
residential development on the General Plan and the surrounding propertie,
City of Encinitas to the south and west are developed with single-family homt
3. 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 project site can accommodate the proposed res'
development while providing all required setbacks and other amenities requ
the applicable City regulations.
4. That the design of the subdivision or the type of improvements will not confli
easements of record or easements established by court judgment, or acquired
public at large, for access through or use of property within the proposed subdivi
that prior to the recordation of the final map the developer will vacate and
easements that conflict with proposed development.
5. That the property is not subject to a contract entered into pursuant to th
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 si
an area of predominantly westerly winds and the lot sizes are large eno
accommodate a variety of home designs and setbacks to provide residenl
adequate air circulation within and surrounding any future residential units.
7. That the Planning Commission has considered, in connection with the housing pl
I by this subdivision, the housing needs of the region, and balanced those housing
against the public service needs of the City and available fiscal and envirol:
resources. I I
PC RES0 NO. 4342 -2-
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
habitat, in that the project is conditioned to provide a detailed biological m
plan for the Boss of any significant wetland and oak woodland habitat on
prior to approval of a final map.
9. That the discharge of waste fiom the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the pra
been designed in accordance with the Best Management Practices for water
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 hereir
conformance with the Elements of the City’s General Plan, based on the following
A. Land Use - The project is consistent wi.th the City’s General Plan since the F
density of 1.54 ddac is within the density range of 0-4 ddac specified for th
indicated on the Land Use Element of the General Plan, and is below the
control point of 3.2 ddac for the projiect site. The designated OS portion
site, which include Encinitas Creek and the associated 100 year floodway
be preserved within Open Space Lot No. 30. The oak woodland and steel
would be preserved with Open Space Lot No. 29.
B. Circulation - The circulation system is designed to provide adequate acces
proposed Pots and complies with all applicable City design standards. ’I
Engineer has made the necessary findings to allow Street “A” to exceed
sac length and to allow reduced intersection spacing along Rancho Si
Road for “A” Street.
C. Noise - The proposed residential development has been designed to in1
combination of earthen berm and noise wall to mitigate noise impad
Rancho Santa Fe Road and the proposed units will be constructed to I:
noise impacts to the interior of the units.
D. Housing - That the project is consistent with the Housing Element of the (
Plan and the Inclusionary Housing Ordinance as the Developer ha
conditioned to enter into an Affordable Housing Agreement to purcha
affordable housing credits in Villa Loma.
E. Parks and Recreation - The proposed project has been conditioned to pay P
lieu fees prior to final map.
F. Open Space and Conservation - The proposed project will provide 23.6 a
open space and a biological mitigation plan for impacts to sensitive
PC RES0 NO. 4342 -3 -
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
habitat on-site. The project will provide a 20 foot trail easeme
construction for public Trail Link No. 55A.
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 pra
addition, the project is conditioned such that a note shall be placed on the fi
that building permits may not be issued for the project unless the District I
determines that sewer service is available, and building cannot occur wi
project unless sewer service remains available, and the District Engineer is
that the requirements of the Public Facilities Element of the General Plan hs
met insofar as they apply to sewer service for this project;
B. Statutory School fees will be paid to ensure the availability of school facilitil
Encinitas and San Dieguito School Districts;
C. Park-in-lieu fees are required as a condition of approval;
D. All necessary public improvements have been provided or are required as cc
of approval; and
E. The developer has agreed and is required by the inclusion of an appropriate c
to pay a public facilities fee. Performartce of that contract and payment of the
enable this body to find that public facilities will be available concurrent witk
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 pm
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail:
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as pi
Local Facilities Management Plan for Zone 11.
Conditions:
Plannine:
1. Staff is authorized and directed to make, or require the Developer to makl
corrections and modifications to the Tentative Tract Map documents necesse
make them internally consistent and in conformity with final action on the pr,
Development shall occur substantially as shown in the approved Exhibits.
I
PC RES0 NO. 4342 -4-
e 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
proposed development different from this approval shall require an amendment to
approval.
2. The Developer shall comply with all applicable provisions of federal, state, and 1
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 0:
Tentative Map as approved by the final decision making body. The Tentative l'
shall reflect the conditions of approval by the City. The Tentative Map copy sha
submitted to the City Engineer and approved prior to building, grading, final may
improvement plan submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan ch
a reduced legible version of the approving Resolutions No. 4341, 4342, 4343,
4344 on a 24" x 36" blueline drawing.
5. The final map shall not be approved unless the City Council finds as of the tim
such approval that sewer service is available to serve the subdivision.
6. Building permits will not be issued for development of the subject property unles:
District Engineer determines that sewer facilities are available at the timf
application for such sewer permits and will continue to be available until tim
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 of
Carlsbad Municipal Code or other ordinance adopted to implement a gro
management system or Facilities and Improvement Plan and to fulfill the subdivid
agreement to pay the public facilities fee dated January 21,1998, a copy of whic
on file with the City Clerk and is incorporated by this reference. If the fees are
paid, this application will not be consistent with the General Plan and approval
this project will be void.
8. The Developer shall provide proof of payment of statutory school fees to miti
conditions of overcrowding as part of the building permit application. The amow
these fees shall be determined by the fee schedule in effect at the time of buih
permit application.
9. This project shall comply with all conditions and mitigation measures which
~ required as part of the Zone 11 Local Facilities Management Plan and amendments made to that Plan prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or
payment of any fees in-lieu thereof, imposed by this approval or imposed by lav
this residential housing project are challenged this approval shall be suspendec
PC RES0 NO. 4342 -5-
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
provided in Government Code Section 66020. If any such condition is determine
be invalid this approval shall be invalid unless the City Council determines thz
project without the condition complies with all requirements of law.
1 1. Approval of CT 98-02 is granted subject to the approval of SUP 98-01 and HDP
01. CT 98-02 is subject to all conditions contained in Planning Commis
Resolutions No. 4343 and 4344 for SUP 98-01 and HDP 98-01.
12. This project shall comply with all conditions and mitigation measures which are 1
as part of the approved Mitigated Negative Declaration, as contained in P:
Commission Resolution No. 4341.
13. The Developer shall establish a homeowner's association and corresponc
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 reco:
copy of the official CC&Rs that have been approved by the Department of ;
Estate and the Planning Director. At a minimum, the CC&Rs shall contain
following provisions:
A. General Enforcement by the City. The City shall have the right, but not
obligation, to enforce those Protective Covenants set forth in this Declaratio.
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements. In
event that the Association fails to maintain the "Common Area Lots andor
Association's Easements" as provided in Article , Sec
~ the City shall have the right, but not the duty, to perform
necessary maintenance. If the City elects to perform such maintenance, the (
shall give written notice to the Association, with a copy thereof to the Owner
the Project, setting forth with particularity the maintenance which the City find
be required and requesting the same be carried out by the Association withi
period of thirty (30) days from the giving of such notice. In the event that
Association fails to carry out such maintenance of the Common Area Lots an(
Association's Easements within the period specified by the City's notice, the (
shall be entitled to cause such work to be completed and shall be entitlec
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has performed
necessary maintenance to either Common Area Lots and/or Associatic
Easements, the City shall submit a written invoice to the Association for all c(
incurred by the City to perform such maintenance of the Common Area Lots
or Association's Easements. The City shall provide a copy of such invoict
each Owner in the Project, together with a statement that if the Association fail
pay such invoice in full within the time specified, the City will pursue collecl
against the Owners in the Project pursuant to the provisions of this Section. S
PC RES0 NO. 4342 -6-
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
invoice shall be due and payable by the Association within twenty (20) daJ
receipt by the Association. If the Association shall fail to pay such invoice ir
within the period specified, payment shall be deemed delinquent and shal
subject to a late charge in an amount equal to six percent (6%) of the amow
the invoice. Thereafter the City may pursue collection from the Associatio.
means of any remedies available at law or in equity. Without limiting
generality of the foregoing, in addition to all other rights and remedies avail
to the City, the City may levy a special assessment against the Owners of each
in the Project for an equal prorata share of the invoice, plus the late charge. $
special assessment shall constitute a charge on the land and shall be a contin
lien upon each Lot against which the special assessment is levied. Each Own
the Project hereby vests the City with the right and power to levy such spc
assessment, to impose a lien upon their respective Lot and to bring all 1
actions and/or to pursue lien foreclosure procedures against any Owner
hidher respective Lot for purposes of collecting such special assessmen
accordance with the procedures set forth in Article of this Declaratic
D. Lots No. 29 and 30, the north facing manufactured slopes along Street b’
and the slopes along the rear of Lots No 1-19 shall be maintained by
Homeowners Association or other entity acceptable to the City. The pri
trail as shown on Exhibit “A” and “B” of the tentative map shall alsc
maintained by the homeowners association until such time as the t
accepts the irrevocable offer of dedication for the 20 foot trail easement
the trail becomes a public trail.
14. Prior to the issuance of the building permit, Developer shall submit to the City a
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 Mitigated Negative Declaration, Tentative Trac
Special Use Permit, and Hillside Development Permit by Resolutions No. 434:
4343, and 4344 on the real property owned by the Developer. Said Notice of Re:
shall note the‘property description, location of the file containing complete projec
and all conditions of approval as well as any conditions or restrictions specil
inclusion in the Notice of Restriction. The :Planning Director has the authority to 1
and record an amendment to the notice which modifies or terminates said notice
showing of good cause by the Developer or successor in interest.
15. 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 6’
upon a showing of good cause.
16. The Developer shall prepare a detailed landscape and irrigation plan in conforman
the approved Preliminary Landscape Plan and the City’s Landscape Manual. Th
shall be submitted to and approval obtained from the Planning Director prior
PC RES0 NO. 4342 -7-
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
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 from weeds, tr
debris.
17. The first submittal of detailed landscape and irrigation plans shall be accompanie
project’s improvement and grading plans.
18. The Developer shall display a current Zoning and Land Use Map in the sales offi
times, or suitable alternative to the satisfaction of the Planning Director.
19. 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.
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 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.
21. Prior to approval of the final map or grading permit, whichever occurs fi
Developer shall prepare a final detailed biological revegetation plan for the
any significant wetland and oak woodland habitat in accordance WI
recommendations contained in the Mooney & Associates biological letter
dated December 1997. The revegetation plan shall be implemented and COI
concurrent with the completion of the grading of the property.
22. The Developer shall provide, on the final map, an irrevocable offer of dedic:
the City of Carlsbad or an acceptable entity for an open spacekonse
easement over Lots No. 29 and 30 of the tlentative map.
23. Removal of native vegetation within Lots No. 29 and 30, other than that approved
of the tentative map, biological revegetation program, and landscape plan, as shl
Exhibit “A” - “G”, is specifically prohibited, except upon written order of the C
Fire Department for fire prevention purposes, or upon written approval of the P
Director, based upon a request from the homeowners association accompanied by
from a qualified arboristhotanist indicating the need to remove specified trees
plants because of disease or impending danger to adjacent habitable dwelling uxi
areas containing native vegetation the report required to accompany the request ~
prepared by a qualified biologist.
24, The Developer shall provide, on the final map, an irrevocable offer of dedica
the City of Carlsbad for a 20 foot trail easement for the trail shown on Exhil
and “B” of the tentative map within Lots No. 1-19, and Lot No. 30, and su
detailed trail grading and improvement plan designed in accordance w
requirements of the Open Space and Co~nsewation Resource Management P
review and approval by the Planning Director. If the City of Carlsbad :
dedication of the trail easement, the trail shall be constructed as a public trl
~ PC RES0 NO. 4342 -8-
I
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
will be the maintenance and liability responsibility of the City of Carlsbad
City of Carlsbad does not accept dedication of the trail easement, the trail SI
be constructed but it shall be constructed as a private trail concurrent P
grading of the site and shall be the maintenance and liability responsibilit
Homeowners Association or other entity acceptable to the City. TI
construction shall be completed prior to issuance of building permits for c
units within the project.
25. Concurrent with the recordation of the final map the Developer shall dedicat
title, Lots No. 29 and 30 to the Homeowners Association and dedicate an ope
easement to the Homeowners Association or other entity acceptable to the C
the rear of Lots No. 1-19 as shown on Exhibit “A and “B” of the tentative ma
26. Concurrent with the recordation of the final map the Developer shall prov
record a deed restriction over Lots No. 29 and 30 in their entirety 2
homeowners association’s open space easement along the rear of Lots No. 1-
form satisfactory to the Planning Director and City Attorney, to prohi
encroachment or development, including but not limited to fences, walls,
storage buildings, pools, spas, stairways and landscaping other than that ap
as part of the tentative map, biological revegetation program, and landscape
shown on Exhibit “A” - “G” of the tentative map.
Engineering:
27. Prior to issuance of any building permit, the developer shall comply u
requirements of the City’s anti-graffiti program for wall treatments if and wher
program is formerly established by the City.
28. There shall be one final subdivision map recorded for this project.
NOTE: 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 approval of
map.
29. All concrete terrace drains shall be maintained by the homeowner’s associatior
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 1
30. The developer shall defend, indemnify and hold harmless the City and its agents, c
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 City
the time period provided for by Section 664’99.37 of the Subdivision Map Act.
3 1. Prior to hauling dirt or construction materi.als to or from any proposed construct
within this project, the developer shall submit to and receive approval from tl
PC RES0 NO. 4342 -9-
0 6
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
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,
32. The developer shall provide for sight distance corridors in accordance with Eng
Standards and shall record the following statements in the C.C.&Rs and on the fi
for this project.
A. Mature vegetation within the site line area of all intersections shal
greater than 30” in height or have a canopy no less than 8’ in height.
B. No structure, fence, wall, sign, or other object over 30 inches above tl
level shall be placed or permitted to encroach within the area identif
sight distance corridor in accordance with City Standards and the con
mylar tentative map. The underlying property owner, or Homl
Association shall maintain this condition.
33. The developer shall pay all current fees and deposits required.
34. The owner of the subject property shall execute an agreement holding the City h
regarding drainage across the adjacent property.
35. The owner shall execute a hold harmless agreement for geologic failure.
36. Prior to approval of any grading or building permits for this project, the owner sk
written consent to the annexation of the area shown within the boundaries
subdivision plan into the existing City of Carlsbad Street Lighting and Land
District No. 1 on a form provided by the City.
37. This project is within the proposed boundary of the Rancho Santa Fe Road Cox
Facilities Fee District. This project is required to pay a fair share contribution 1
the construction of Rancho Santa Fe Road in accordance with the propo
program. If the fee district has not been formed prior to issuance of building pen
the project, the owner shall enter into an agreement to pay an estimated
$10,250.00 per unit in accordance with the adopted fee program. A note to thi
shall be placed on the final map for this project.
38. Based upon a review of the proposed grading and the grading quantities shown
tentative map, a grading permit for this project is required. The developer must
and receive approval for grading plans in accordance with city codes and standarc
to issuance of a building permit for the project.
39. 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.
~ PC RES0 NO. 4342 -10-
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
27
28
e 0
40. Upon completion of grading, the developer shall ensure that an ''as-graded" geolo
is submitted to the City Engineer. The plan shall clearly show all the geology as
by the grading operation, all geologic corrective measures as actually construc
must be based on a contour map which represents both the pre and post site gradir
plan shall be signed by both the soils engineer and the engineering geologist. 7
shall be prepared on a 24" x 36" mylar or similar drafting film and shall bc
permanent record.
41. No grading for private improvements shall occur outside the limits of the sub
unless a grading or slope easement or agreement is obtained from the owner
affected properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develo]
either amend the tentative map or modify the plans so grading will not occur out
project site in a manner which substantially conforms to the approved tentative
determined by the City Engineer and Planning Director.
42. 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.
43. The owner shall make an offer of dedication to the City for all public strc
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.
44. Rancho Santa Fe Road shall be dedicated by the owner along the project fiontaj
on a center line to right-of-way width designated in the circulation eleme
additional right-of-way for construction, slope, and drainage easements as r
and in conformance with City of Carlsbad Standards.
45. Prior to issuance of building permits, the developer shall underground all
overhead utilities along the subdivision boundary.
46. The developer shall comply with the Ciity's requirements of the National F
Discharge Elimination System (NPDES) permit. The developer shall provi
management practices as referenced in the "California Storm Water Best Man:
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and te
the following:
A. All owners and tenants shall coordinate efforts to establish or w(
PC RES0 NO. 4342 -1 1-
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
established disposal programs to remove and properly dispose of tc
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, m(
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
fluids shall not be discharged into any street, public or private, or in1
drain or storm water conveyance systems. Use and disposal of pe
hngicides, herbicides, insecticides, fertilizers and other such c
treatments shall meet Federal, State, County and City requirerr
prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce
pollutants when planning any changes to the landscaping and
improvements.
47. Plans, specifications, and supporting documents for all public improvements I
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 F
by law, improvements shown on the tentative map and the following improvemen
A. All required sewer, water and drainage facilities to serve this
including the extension of sewer, water, and drainage facilities adj;
this subdivision. All improvements identified in this condition s
constructed at the ultimate location with respect to Rancho Sa
Road widening as designated in the circulation element of the (
Plan.
B. Temporary desiltation and urban pollutant basins near or located
lots 18 & 19. These lots may become temporary basin location
converted and re-graded following project stability and comple
required by the City Engineer.
C. Rancho Santa Fe Road as a Secondary Arterial within a full w
designated in the circulation element of the General Plan for a de
and graded roadway.
A list of the above improvements shall be placed on an additional map sheet on t
map per the provisions of Sections 66434.2 of the Subdivision Map Act. ImproT
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
48. 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 design1
PC RES0 NO. 4342 -12-
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
~
to prevent vegetation growth from obstructing the pipe outfall. Designs could cor
modified outlet headwall consisting of an extended concrete spillway sectil
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.
49. Note(s) to the following effect(s) shall be placed on the final map as non-mapping
A. Geotechnical Caution:
i) Slopes steeper than two parts horizontal to one part vertical exist
within the boundaries of this subdivision.
ii) The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the
City of Carlsbad from any action that may arise through any
geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
iii) No structure, fence, wall, tree, shrub, sign, or other object over 30
inches above the street level ma~7 be placed or permitted to encroach
within the area identified as a sight distance corridor in accordance
with City Standard Public Street-Design Criteria, Section 8.B.3.
The underlying property owner shall maintain this condition.
Fire Conditions:
50. Prior to the issuance of building permits, complete building plans shall be apprc
the Fire Department.
5 1. Additional on-site water mains and fire hydrants are required.
52. 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.
53. Applicant shall submit a site plan depicting emergency access routes, drivew:
traffic circulation for Fire Department approval.
54. 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, 1
PC RES0 NO. 4342 -13-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
in the interest of public safety, require that construction operations cease P
condition is corrected.
55. All required water mains, fire hydrants and appurtenances shall be operationa
combustible building materials are located on the construction site.
56. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire 5
systems and other fire protection systems shall be submitted to the Fire Departr
approval prior to construction.
57. The applicant shall provide a street map which conforms to the following requir
A 400 scale photo-reduction mylar, depicting proposed improvements and at 1c
existing intersections or streets. The map shall also clearly depict street cen
hydrant locations and street names.
Water Conditions:
58. The failure of the applicant to pay any fee or charge of the Olivenhain Municiph
District when due, or to comply with other requirements of the District, shall en
District to unilaterally terminate the Water Availability Letter, dated January 13, 1
file in the District, and all further rights of the Developer to water service.
59. The Developer is required to pay all capacity fees, as appropriate, when
accordance with Olivenhain Municipal Water District Ordinance 241 or SI
Ordinance, not attached hereto, but included here by reference.
60. The Developer is required to provide all fee and easements as required for constru
on-site and off-site facilities as required by the Olivenhain Municipal Water Dis
its sole discretion.
6 1. The Developer is required to construct all on-site and off-site facilities to provid
service to this project as directed by the Olivenhain Municipal Water District, in
discretion. Said water facilities to be shown in the water system analysis providec
District’s consulting engineer.
General:
62. 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 I
revoke or modifj all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or filrther 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 violati
vested rights are gained by Developer or a successor in interest by the City’s app~
this Mitigated Negative Declaration, Tentative Map, Special Use Permj
Hillside Development Permit.
PC RES0 NO. 4342 -1 4-
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
Standard Code Reminders:
Note - The project is subject to all applicable provisions of local ordinances, including
limited to the following:
63. 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.
64. The Developer shall pay park-in-lieu fees .to the City prior to the approval of t
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
65. 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.
66. The project shall comply with the latest :non-residential disabled access requi
pursuant to Title 24 of the State Building Code.
67. The Developer shall submit a street name list consistent with the City’s strec
policy subject to the Planning Director’s approval prior to final map approval.
68. All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file in the P
Department.
69. Any signs proposed for this development shall at a minimum be designed in confc
with the City’s Sign Ordinance and shall :require review and approval of the F
Director prior to installation of such signs.
NOTICE TO APPLICANT
Please take NOTICE that approval of your project includes “imposition’’ of the followi~
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 thc
formula variables, including the fee itself, at time of payment. The City reserves the
modify the fee, dedication, reservation, exaction, or an element thereof, to the extent PC
by law.
You have 90 days from August 19, 1998, as defined by the Code of Civil Procedure {
Notice pursuant to Carlsbad Municipal Code Section 1.16.010(f), to protest imposition (
fee/exactions. If you protest them, you must follow the protest procedure set f
Government Code Section 66020(a), and file the protest and any other required infonnati
the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.
PC RES0 NO. 4342 -1 5-
e e
I
2
3
4
5
6
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 and c
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees or exactions of which you have previou
given a NOTICE similar to this, or as to which the statute of limitations has PI
otherwise expired.
I
7 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
8
9
10
11
12
13
14
15
Commission of the City of Carlsbad, California, held on the 19th day of August 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, M
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
l9
20
ATTEST:
21
22
23
24
25
26
27
28
Planning Director
PC RES0 NO. 4342 -16-