HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 43850 e
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PLANNING COMMISSION RESOLUTION NO. 4385
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-03 TO
SUBDIVIDE 188.34 ACRES INTO 396 LOTS ON PROPERTY
GENERALLY LOCATED IMMEDIATELY SOUTH OF
PALOMAR AIRPORT ROAD AND EAST OF MELROSE
DRIVE AT THE EASTERN TERMINUS OF THE CITY IN
LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGES E, F, G,
K AND P
CASE NO.: CT 97-03
WHEREAS, Continental Ranch, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Continental Ran
“Owner”, described as
Those portions of Section 18 and 19, Township 12 South, Range 3
West, San Bernardino Meridian, in the City of Carlsbad, County
of San Diego.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentati
Map as shown on Exhibit(s) “A” - “U” dated September 2, 1998, on file in the :
Department RANCHO CARRILLO VILLAGES E, F, G, K and P, CT 97-03, as pro
Chapter 20 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septemb
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of persons desiring to be heard, said Commission considered a1
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
RECOMMENDS APPROVAL of RANCHO CARRILLO VILLAG:
G, K AND P, CT 97-03, based on the following findings and subje
following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdi,
conditioned, is consistent with and satisfies all requirements of the General F
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in
project is designed in accordance with the Rancho Carrillo Master
proposing densities that are consistent with the RM and RLM land use desi;
of the Land Use Element of the General Plan; prior to the recordation of 2
map the deeding of an acceptable school site to the San Marcos Unifiec
District and a financing plan approved by the San Marcos School
guaranteeing the construction of the necessary school facilities must oc
mitigation of onsite surface runoff so as not to affect on and offsite dow
properties is required; major offsite sewer line construction is required;
recordation of the final map an affordable housing agreement must be entt
which provides for and deed restricts dwelling units as affordable to lowel
households for the useful life of the dwelling units; over 35% of the net devl
acreage of the Master Plan has been left as open space; the construction of
Drive and access to this subdivision from it is required; prior to occupa
construction of noise walls to meet the standards contained within the Gene
is required; a parks agreement between the City of Carlsbad and the 1
owners has been completed; and all setbacks, parking, recreational space
and storage meet the minimum standards of the Planned Development Ordil
2. That the proposed project is compatible with the surrounding future land u5
surrounding properties are designated for residential development on the Genc
and the Rancho Carrillo Master Plan. The Palomar Airport Road righ
separates this site from non-residential uses to the north.
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 the
proposed, in that the product type is in accord with the Master Plan and the i
unit count is less than that allowed by the Master Plan .
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 acquire(
public at large, for access through or use of property within the proposed subdil
that the City of Carlsbad Engineering Department has reviewed the subdiv:
such conflicts and found none presently existing. The City of Carlsbad
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access easement through the site for accessing the Carrillo Ranch Park Site,
has since been abandoned with the construction of Melrose Drive.
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 p;
natural heating or cooling opportunities in the subdivision, in that the lots are sit
such a manner as to allow for a variety of building placement alternatives, i~
adequate separation to allow the dominant sea breeze and solar radiation 1
to influence the utilization of natural 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 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
habitat, in that all applicable biological mitigation measures required by Pi
91-04 and MEIR 93-01 have been incorporated into the project and/or addr
project as conditions of approval.
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 sej
drainage requirements of the Rancho Carrillo Master Plan and EIR 91-8
been considered and appropriate sewer and drainage facilities have been c
and will be secured. In addition to City Engineering Standards and con
with the City's Master Sewer and Drainage Plans, National Pollution Dj
Elimination System (NPDES) standards will be satisfied to prevent any dj
violations.
10. The Planning Commission finds that the project, as conditioned herein for
Carrillo Villages E, F, G, K and P, CT 97-03, is in conformance with the Elel
the City's General Plan, based on the following:
a. Land Use - The project is consistent with the City's General Plan Res
Medium (RM) land use designation and Residential Low Medium
designation since the proposed densities for Villages E, F, and P are
and 4.0 respectively consistent with the General Plan designation fi
villages of RM (allowing 4-8 dwelling units per acre), while Villages (
are proposing 2.4 and 3.4 dwelling units per acre respectively consist1
the General Plan designation of RLM (allowing 0-4 dwelling units p'
The density for Village K is higher than the growth management
point for this land use. The increase was allowed by the Master Plan
the maximum number of units allowed by the Master Plan was br
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number of units allocated by the Local Facilities Management Plan.
b. Circulation - The project is conditioned to complete all necessary on
offsite roadway improvements prior to occupancy of any unit in eac:
Additionally, all roadway improvements to serve this portion of the
Carrillo Master Plan must be guaranteed and substantially complet
to occupancy of units in Villages E, F, G, K and P.
c. Prior to issuance of building permits, the applicant shall submit a
noise study addressing conformance with the Noise Element of the
Plan.
d. Housing - That the project is consistent with Policy 3.6.a of the
Element of the General Plan and the Inclusionary Housing Ordir
Villages E, F, G, K and P is covered by the Rancho Carrillo Af
Housing Agreement approved by the City Council.
e. Open Space and Conservation - The project is consistent with the
Carrillo Master Plan and Zone 18 LFMP in that 189.9 acres of per6
standard open space will be provided throughout the Master Plan.
over 35% of the net developable acreage of the Rancho Carrillo Mas
which exceeds the 15% Growth Management requirement.
f. Public Safety - In accordance with the Rancho Carrillo mass grad
(HDP 91-17) and the Village E, F, G, K and P grading plan and fi
report, all unacceptable soil conditions shall be mitigated to I
construction. Standard engineering grading conditions will be reql
all requisite grading.
g. The Rancho Carrillo Master Plan has entered into a Parks Agreem
the City of Carlsbad which required the dedication of land.
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
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for thi!
b. In accordance with the Zone 18 LFMP special conditions for sch
project is conditioned to require that an acceptable school site is d
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the San Marcos Unified School District guaranteeing the constru
necessary elementary school facilities in Zone 18 prior to fin
recordation or building permit issuance.
c. All necessary public improvements have been provided or are req
conditions of approval.
d. The developer has agreed and is required by the inclusion of an apj
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.
e. The Rancho Carrillo Master Plan has entered into a Parks Agreem
the City of Carlsbad.
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 pul
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail;
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as p;
Local Facilities Management Plan for Zone 18.
14. The Planning Commission finds that:
a. the project is a subsequent development as described in CEQA Guidelinc
(c)(2) and (e), and 15183;
b. the project is consistent with the General Plan Master EIR (MEIR 93,
Rancho Carrillo Master Plan EIR (EIR 91-04);
c. there were EIRs certified in connection with the prior 1994 Gene]
Update and Rancho Carrillo Master Plan;
d. the project has no new significant environmental effect not analyzed as si
in the prior EIRs;
e. none of the circumstances requiring Subsequent or Supplemental El
CEQA Guidelines Sections 15 162 or 15 163 exist.
15. That all feasible mitigation measures or project alternatives identified in the ME
and EIR 91-04 which are appropriate to this Subsequent Project have been incc
into this Subsequent Project.
I 16. That MEIR 93-01 found that air quality and circulation impacts are signifi
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adverse; therefore, the City Council adopted a statement of overriding consid
The project is consistent with the General Plan and as to those effects, no a
environmental document is required.
17. That the project is consistent with the Comprehensive Land Use Plan (CLUP
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applic
record a notice concerning aircraft noise.
18. That the project is consistent with the City's Landscape Manual, adopted by CitJ
Resolution No. 90-384.
19. The Planning Commission has reviewed each of the exactions imposed on the C
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused the project
20. The project, as designed, implements certain objectives and mitigation n
established by the General Plan Master EIR to reduce cumulative air qua
circulation impacts as applicable to a residential project of this scale. These
providing links to public sidewalk systems that connect with transp
corridors, future schools, parks, and trail systems; providing for safe pedestl
bicycle movements within the project and designing the project to accon
pedestrian spaces as well as proposed parking areas and building locations.
21. Panhandle lots within Villages E, G, and K are appropriately sited as:
a. They improve the street scene by creating a variable setback along t:
frontage;
b. Additional privacy for future residents of the panhandles lots is prov
to the increased front yard setbacks;
c. Adequate on-site resident parking and visitor parking in close prox
the panhandle lots is provided as all streets allow parking on both si
all lots propose minimum two car garage units;
d. The Engineering Department has determined that adequate and sal
can be provided to all panhandle lots and those lots will not prec
adversely impact the ability to provide access to other properties witk
villages, through the use of Engineering Department standards.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Tentative Tract Map document(s) necessary to ma
internally consistent and in conformity with final action on the project. Devc
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shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
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 o
map.
3. Approval of CT 97-03FUD 97-03 supersedes previous approval of tentatil
and planned unit development permits for Villages E, F, G, K and P.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, de:
hold harmless the City of Carlsbad and Council members, officers, employees
and representatives from and against any and all liabilities, losses, damages, c
claims, and costs, including court costs and attorney’s fees incurred by the City
directly or indirectly from (a) City’s approval or issuance of any permit o
whether discretionary or non discretionary, in connection with the use contc
herein, and (b) Developer/Operator’s installation and operation of the facility F
hereby, including without limitation, any and all liabilities arising from the emj
the facility of electromagnetic fields or other energy waves or emissions.
5. The Developer shall provide the City with a reproducible 24-inch by 36-inch my
of the Tentative Map as approved by the final decision making body. The T
Map shall reflect the conditions of approval by the City. The Map copy
submitted to the City Engineer and approved prior to building, grading, final
improvement 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” by 36” blueline dra
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. 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 I
and Improvement Plan and to fulfill the subdivider’s agreement to pay the public
fee dated February 13, 1997, a copy of which is on file with the City Clerl
incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
9. This project shall comply with all conditions and mitigation measures which are I
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as part of the Zone 18 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this r<
housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in7
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
11. Approval of CT 97-03 is granted subject to the approval of Planned Unit Deve
Permit 97-03. CT 97-03 is subject to all conditions contained in Planning Con
Resolution No. 4386 for the Planned Unit Development Permit, PUD 97-03.
12. The Developer shall establish a homeowner’s association and corresponding c(
conditions and restrictions. Said CC&Rs shall be submitted to and approve1
Planning Director prior to final map approval. Prior to issuance of a building pl
Developer shall provide the Planning Department with a recorded copy of thc
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv The City shall have the right, bu1
obligation, to enforce those Protective Covenants set forth in this Decla
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easement:
event that the Association fails to maintain the “Common Area Lots a1
Association’s Easements”, the City shall have the right, but not the
perform the necessary maintenance. If the City elects to perf01
maintenance, the City shall give written notice to the Association, wit1
thereof to the Owners in the Project, setting forth with particul:
maintenance which the City finds to be required and requesting the
carried out by the Association within a period of thirty (30) days fiom tl
of such notice. In the event that the Association fails to carry (
maintenance of the Common Area Lots andor Association’s Easemen
the period specified by the City’s notice, the City shall be entitled to ca
work to be completed and shall be entitled to reimbursement with respec
from the Owners as provided herein.
c. Special Assessments Levied by the Citv In the event the City has perf01
necessary maintenance to either Common Area Lots and/or Asso
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such 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
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against the Owners in the Project pursuant to the provisions of this Sectic
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoic
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 a
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 char2
special assessment shall constitute a charge on the land and shall be a ca
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 sucl
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any Ow
hisher respective Lot for purposes of collecting such special assessment.
13. Prior to the recordation of the Final Map, Developer shall submit to the City a 7
Restriction to be filed in the office of the County Recorder, subject to the satisf
the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Tentative Map by Resolution No. 4385 on the real
owned by the Developer. Said Notice of Restriction shall note the property de:
location of the file containing complete project details and all conditions of apl
well as any conditions or restrictions specified for inclusion in the Notice of Re!
The Planning Director has the authority to execute and record an amendment to tl.
which modifies or terminates said notice upon a showing of good cause by the D
or successor in interest.
Landscape
14. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City's Landscape Manual. 'I
shall be submitted to and approval obtained from the Planning Director pric
6 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, tl
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompanic
project's improvement and grading plans.
16. Prior to occupancy of individual units, the applicant shall construct the con
themehoise attenuation walls shown on the Landscape Concept Plan Exhibi I ...
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17. Prior to the issuance of building permits, the applicant shall submit a detail
study for those lots impacted by noise levels 60 dBA CNEL or greater, ad
necessary interior noise mitigation measures for Villages E, F, G, K and P, s
at a minimum the following mitigation shall be ensured: (1) the interior noi
shall be mitigated to 45 dBA CNEL when openings to the exterior of the r
are closed; and (2) if openings are required to be closed to meet the City SI
mechanical ventilation shall be provided.
Signs - and Identification
18. The Developer shall submit and obtain Planning Director approval of a unifi
program for this development prior to occupancy of any building.
19. Building identification andor addresses shall be placed on all new and existing t
so as to be plainly visible fiom the street or access road; color of identificatio
addresses shall contrast to their background color.
Miscellaneous Planning Conditions
20. 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.
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21. 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.
22. Prior to the occupancy ofany dwelling units in Villages E, F, G, K and P, thc
Villages E, F, G, K and P shall be annexed into the Rancho Carrillo
Homeowner's Association.
Environmental
23. The Developer shall diligently implement, or cause the implementation of, all ap
mitigation measures identified in the Final EIR 91-04 and MEIR 93-01 that a
by this resolution to be feasible.
24. The Developer shall implement, or cause the implementation of, the a€
mitigation measures contained in the Rancho Carrillo Master Plan Final EII
Mitigation Monitoring and Reporting Program.
25. The Developer, or their successors in interest, shall improve the project site
project as described in the Final EIR 91-04, except as modified by this resolution
26. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
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may be subject to noise impacts fiom the proposed or existing Transportation (
(Melrose Drive and Palomar Airport Road), in a form meeting the approva
Planning Director and City Attorney (see Noise Form #1 on file in the :
Department).
27. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
is subject to overflight, sight, and sound of aircraft operating from McClellan-
Airport, in a form meeting the approval of the Planning Director and the City ,
(see Noise Form #2 on file in the Planning Department).
28. The Developer shall post aircraft noise notification signs in all sales and/or renk
associated with the new development. The number and locations of said signs
approved by the Planning Director (see Noise Form #3 on file in the
Department).
Engineering -
29. 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 formerly established by the City.
30. This project is approved for up to five final subdivision maps for the pur
recordation.
3 I. If the developer chooses to record a final subdivision map out of the phase shov
tentative map, the new phasing must be reviewed and approved or conditionally ;
by the City Engineer and Planning Director.
32. 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 thc
subject to the approval of the City Engineer.
33. All concrete terrace drains shall be maintained by the homeowner's associatic
commonly owned property) or the individual property owner (if on an ind
owned lot). An appropriately worded statement clearly identifying the respc
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
' 34. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees from any claim, actibn or proceeding against the City or it
officers, or employees to attack, set aside, void or null an approval of the
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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.
35. Prior to hauling dirt or construction materials to or from any proposed constmc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
36. Rain gutters must be provided on structures located on lots with less than a 5'
from the perimeter of the structure to the lot flowline, in accordance w
Standard GS-15, to convey roof drainage to an approved drainage course or strc
satisfaction of the City Engineer.
37. The developer shall provide for sight distance corridors at all street intersec
accordance with Engineering Standards and shall record the following statemel
final map (and in the CC&Rs):
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches a
street level may be placed or permitted to encroach within the area identified a
distance corridor in accordance with City Standard Public Street-Design Criteria
8.B.3. The underlying property owner or homeowner's association shall mail
condition."
FeedAareements
38. Prior to issuance of a building permit for any buildable lot within the subdivi
property owner shall pay a one-time special development tax in accordance 1
Council Resolution No. 91-39.
39. The developer shall pay all current fees and deposits required.
40. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
41. The subject property is within the boundaries of Assessment District No. 96-1 (
Drive). Upon the subdivision of land within the district boundaries, the owner :
through assessments to subsequent owners only if the owner has executed i
Assessment District Pass-through Authorization Agreement. Said Agreement
provision regarding notice to potential buyers of the amount of the assessment ;
provisions and requires the owner to have each buyer receive and execute a 1
Assessment and an Option Agreement. In the event that the owner does not ex
Authorization Agreement, the assessment on the subject property must be paid (
by the owner prior to final map approval.
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42. As required by state law, the subdivider shall submit to the City an applic;
segregation of assessments along with the appropriate fee. A segregation is not
if the developer pays off the assessment on the subject property prior to the recorl
the final map. In the event a segregation of assessments is not recorded and pr,
subdivided, the full amount of assessment will appear on the tax bills of & nev
43. The owner shall execute a hold harmless agreement for geologic failure.
44. 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 Lanc
District No. 1 on a form provided by the City.
Grading
45. 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 d
must submit and receive approval for grading plans in accordance with City cc
standards prior to issuance of a building permit for the project.
46. Upon completion of grading, the developer shall ensure that an "as-graded" geolc
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 construt
must be based on a contour map which represents both the pre and post site gradi~
plan shall be signed by both the soils engineer and the engineering geologist. r
shall be prepared on a 24" x 36" mylar or similar drafting film and shall bl
permanent record.
47. No grading for private improvements shall occur outside the limits of the SUI
unless a grading or slope easement or agreement is obtained from the ownex
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 modi& the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved tentativt
determined by the City Engineer and Planning Director.
Dedications/Improvements
48. 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.
49. The owner shall make an offer of dedication to the City for all public str
easements required by these conditions or shown on the tentative map. The offer
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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 ca
City. Streets that are already public are not required to be rededicated.
50. Direct access rights for all lots abutting Palomar Airport Road, Melrose Dr
Street “A-B” shall be waived on the final map.
51. The developer shall comply with the City’s requirements of the National 1
Discharge Elimination System (NPDES) permit. The developer shall pro\
management practices as referenced in the “California Storm Water Best Mar
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 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 w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, ml
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into sta
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments sl
Federal, State, County and City requirements as prescribed in their r(
containers.
C. Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements
52. 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 fee:
paid prior to approval of the final map for this project.
53. Drainage outfall end treatments for any drainage outlets where a direct access
maintenance purposes is not provided, shall be designed and incorporated
gradinghmprovement plans for the project. These end treatments shall be desig:
to prevent vegetation growth from obstructing the pipe outfall. Designs could co
modified outlet headwall consisting of an extended concrete spillway sect
longitudinal curbing and/or radially designed rip-rap, or other means deemed apl
as a method of preventing vegetation growth directly in front of the pipe out1
satisfaction of the Community Services Director and the City Engineer.
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Final Map Notes
54. Note(s) to the following effect(s) shall be placed on the final map as non-mapping
A. All improvements within Village G are private and are to be privately mz
with the exception of the water lines.
B. Geotechnical Caution:
1. Slopes steeper than two parts horizontal to one part verti
within the boundaries of this subdivision.
2. The owner of this property on behalf of itself and a
successors in interest has agreed to hold harmless and ir
the City of Carlsbad from any action that may arise thrc
geological failure, ground water seepage or land subsidc
subsequent damage that may occur on, or adjacent
subdivision due to its construction, operation or maintenan
C. No structure, fence, wall, sign, or other object over 30 inches above the I
level may be placed or permitted to encroach within the area identified
sight distance corridor in accordance with City Standards. The under
property owner, or homeowner’s association shall maintain this conditic
Master Plan Improvements
55. Prior to approval of any final map, the following improvements as requirt
Rancho Carrillo Master Plan (MP) and Local Facilities Management Plan
for Zone 18 shall be guaranteed to the satisfaction of the City Engineer
improvements shall be substantially completed to the satisfaction of 1
Engineer prior to occupancy of the first dwelling unit within Rancho Carrill
A. Melrose Drive - Alga Road to Palomar Airport Road
0 Complete grading to ultimate right-of-way width to prime
standards.
0 Construction of a median and two lanes in each direct
intersection improvements to the satisfaction of the City Engir
B. Poinsettia Lane - Melrose Drive to Zone 18 Western Boundary
0 Complete grading to ultimate right-of-way width to major
0 Construction of full major arterial standards from the intc
standards.
with Melrose Avenue to the entrance to Village J and the scho
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C. El Fuerte Street - Through Zone 18
0 Complete grading to ultimate right-of-way width.
0 Construction of one lane in each direction from the SI
boundary of the Master Plan to the entrance to Village T.
D. Sewer Facilities, including:
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12" main in Melrose Drive
12" main in, or adjacent to Poinsettia Lane
Buena/San Marcos Trunk (BSMT) 1, Section A
Buena/San Marcos Trunk (BSMT) 1, Section C
Buena/San Marcos Trunk (BSMT) 1, Section D
Buena/San Marcos Trunk (BSMT) 1, Section F
Buena/San Marcos Trunk (BSMT) 1, Section G
North La Costa Lift Station
E. Water Facilities, including:
e A portion of the proposed potable 16-inch main in tht
0 The proposed potable 30-inch transmission line in the p
0 A portion of the proposed reclaimed 8-inch main in the p
0 The proposed reclaimed 8-inch main in the proposed alignmc
0 The proposed potable 10" and 8" mains from Melrose to E
alignment of Melrose Avenue.
alignment of El Fuerte within Zone 18.
alignment of Melrose Avenue.
Fuerte within Zone 18.
through service Area E.
F. Drainage Facilities, including:
0 Proposed double 5' x 5' box culvert under Melrose Drive.
0 Detention basins, channel and flood control improvements n
to mitigate for erosion and protect on site Master Plan and
downstream properties from significant impacts.
56. Prior to issuance of any building permit, the developer shall reimburse thc
Carlsbad for frontage improvements for Palomar Airport Road, in accorda
the "Zone 18 Cost Distribution for Palomar Airport Road East, Project No. I
57. Plans, specifications, and supporting documents for all public improvements
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prepared to the satisfaction of the City Engineer. In accordance with City Stand
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the tentative map, and the following improveme
Phase 1 Improvements
a. Full-width improvements to all streets within the Phase 1 boundaries.
b. Melrose Drive along the Phase 1 boundary to include the fc
improvements:
0 No. 3 northbound through lane
0 Northbound bicycle lane
0 Curb, gutter, sidewalk
0 Street lighting
0 Raised landscaped median
0 Landscape area between sidewalk and theme wall
0 All utilities generally placed beneath the required travel lane
sidewalk
c. Prior to occupancy of the 5lSt unit or prior to the occupancy of a
located 1200’ or greater from the intersection of Melrose Dri
Poinsettia Lane, secondary access shall be provided to the projec
satisfaction of the City Engineer.
Phase 2 Improvements
a. Full-width improvements to all streets within the Phase 2 boundaries.
b. Full-width street improvements to “A-A” Street along the P
boundaries from “A-B” Street to “F-A” Street.
c. Full-width street improvements to “A-B” Street from “A-A” SI
Palomar Airport Road.
d. A fully actuated signal at the intersection of “A-B” Street and 1
Airport Road.
Phase 3 Improvements
a. Full-width improvements to all streets within the Phase 3 boundaries.
b. Palomar Airport Road along the project boundary to include the fc
improvements:
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No. 3 eastbound through lane
Eastbound bicycle lane
Curb, gutter, sidewalk
Street lighting
Raised landscaped median
Community theme wall
Landscape area between sidewalk and theme wall
All utilities generally placed beneath the required travel lane
sidewalk
Phase 4 Improvements
a. Full-width improvements to all streets within the Phase 4 boundaries.
b. Palomar Airport Road along the project boundary to include the fc
improvements:
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No. 3 eastbound through lane
Eastbound bicycle lane
Curb, gutter, sidewalk
Street lighting
Raised landscaped median
Community theme wall
Landscape area between sidewalk and theme wall
All utilities generally placed beneath the required travel la
sidewalk
Phase 5 Improvements
a. Full-width improvements to all streets within the Phase 5 boundaries.
b. Melrose Drive along the Phase 5 boundary to include the fc
improvements:
e No. 3 northbound through lane
e Northbound bicycle lane
e Street lighting
e Raised landscaped median
e Landscape area between sidewalk and theme wall
e All utilities generally placed beneath the required travel la
e Curb, gutter, sidewalk
sidewalk
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c. Full-width street improvements to the public road connecting Melrolr
with Village G.
d. Prior to occupancy of any unit located 1200’ or greater from Melros
secondary or emergency access shall be provided to the project, as SI
the tentative map and to the satisfaction of the City Engineer.
58. A list of the above improvements, as well as the site specific private impro
indicated on the tentative map, shall be placed on an additional map shee
final map per the provisions of Sections 66434.2 of the Subdivision Map 1
Improvements shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
59. All streets shall be constructed in accordance with City Standards and the
Carrillo Master Plan.
60. All street improvement plans shall include separate traffic signing and
plans.
- Fire
61. Prior to issuance of building permits, the Fire Department shall evaluate buildi
for conformance with applicable fire and life safety requirements of the sate a
Fire Codes.
62. Provide additional public fire hydrants at intervals of 500 feet along public streel
private driveways. Hydrants should be located at street intersections when possi
should be positioned no closer than 100 feet from terminus of a street or driveway
63. 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.
64. Applicant shall submit a site plan depicting emergency access routes, drivewe
traffic circulation for Fire Department approval.
65. 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 inclement weather or other reason,
in the interest of public safety, require that construction operations cease t
condition is corrected.
66. All required water mains, fire hydrants and appurtenances shall be operationa:
combustible building materials are located on the construction site.
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67. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox” key operated emergency entry device. Applicant shal
the Fire Prevention Bureau for specifications and approvals prior to installation.
68. Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
69. The applicant shall provide a street map which conforms to the following requi
A 400 scale photo-reduction mylar, depicting proposed improvements and at 11
existing intersections or streets. The map shall also clearly depict street cer
hydrant locations and street names.
70. Prior to issuance of the building permit, the applicant shall obtain fire departme:
of California Department of Fish and Game, and the United States Govc
Fish and Wildlife Service approval of a wildland management plan. The p:
clearly indicate methods proposed to mitigate and manage fire risk associated wi
vegetation growing within 60 feet of structures. The plan shall reflect the s
presented in the fire suppression element of the City of Carlsbad Landscape GI
Manual. Prior to occupancy of buildings, all wildland fuel mitigation activities
complete, and the condition of all vegetation within 60 feet of structures found
conformance with an approved wildland fuel management plan by the Fire Depar
Housing
71. The Developer shall construct the required inclusionary units concurrent T
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 I
for development.
General:
72. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time; if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanl
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litil
compel their compliance with said conditions or seek damages for their violatj
vested rights are gained by Developer or a successor in interest by the City’s apy
this Tentative Map.
Code Reminders:
73. Approval of this request shall not excuse compliance with all applicable sectio~
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Zoning Ordinance and all other applicable City ordinances in effect at the
building permit issuance, except as otherwise specifically provided herein.
74. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Planning and Building.
75. The Developer shall submit a street name list consistent with the City’s street nm
and subject to the Planning Director’s approval prior to final map approval.
76. This approval shall become null and void if a final map is not approved for thi
within 24 months from the date of project approval.
77. Prior to the recordation of the first final map the property owner shall e:
Hold Harmless Agreement that removes the City or any other public agen
liability for any damage to the driveways for Lots Nos. 116, 117, 161, 180, 1
249, and 252 when being used to perform a public service.
78. The project is subject to all applicable provisions of local ordinances, includini
limited to the following:
79. The developer shall exercise special care during the construction phase of this F
prevent offsite siltation. Planting and erosion control shall be provided in acl
with the Carlsbad Municipal Code and the City Engineer.
80. Some improvements shown on the tentative map and/or required by these condi
located offsite on property which neither the City nor the owner has suffcien
interest to permit the improvements to be made without acquisition of title or
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal COC
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, de(
reservations, or other exactions hereafter collectively referred to for convenj
“feeslexactions.”
You have 90 days from September 2,1998, to protest imposition of these feedexaction
protest them, you must follow the protest procedure set forth in Government Cod€
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure .
follow that procedure will bar any subsequent legal action to attack, review, set aside:
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified feesh
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 feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, a
Monroy
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
BAILEY NO@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
Planning Director
PC RES0 NO. 4385 -22-