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HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 43500 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 PLANNING COMMISSION RESOLUTION NO. 4350 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 90-03 TO SUBDIVIDE 103.9 ACRES INTO 259 LOTS ON PROPERTY GENERALLY LOCATED EAST OF RANCHO SANTA FE ROAD AND NORTH OF CALLE ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 1 1. CASE NAME: SHELLEY TRACT MAP CASE NO.: CT 90-03 WHEREAS, Daniel Shelley, “Developer”, has filed a verified applical the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described a That portion of lots 13 and 14 of the subdivision of the 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, June 27,1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Rancho Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentati Map identified as the Encinitas Creek Corridor Alternative in EIR 90-06 and as s: Exhibit(s) “A”-“M” dated October 7, 1998, on file in the Planning Department SH TRACT MAP, CT 90-03, as provided by Section 20.12.015 of the Carlsbad Municip and WHEREAS, the Planning Commission did, on the 7th day of October 19 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. 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 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of SHELLEY TRACT MAP, CT 904 Findings: 1. The Planning Commission finds that the project, as conditioned herein for CT in conformance with the Elements of the City’s General Plan, based on the follo\;l A. Land Use - The project’s proposed single family is consistent with 1 use element of the General Plan and is consistent with the surr existing development. The project is consistent with the City’s Gene since the proposed density of 2.86 du/acre is within the density ran$ du/acre specified for the site as indicated on the Land Use Elemer General Plan, and is at or below the growth control point of 3.2. B. Circulation - The project will provide sufficient onsite circulation estimated Average Daily Traffic. C. Noise - The noise analysis indicated that noise generated from Ranch Fe Road could be mitigated to acceptable levels as identified in the Plan through the use of noise attenuation structures and berms. D. Housing - That the project is consistent with the Housing Elemen General Plan and the Inclusionary Housing Ordinance as the Develc been conditioned to pay an inclusionary housing impact fee. E. Open Space and Conservation - The project will incorporate a centr: Space area of nearly 20 acres which will be used as conservation and recreation in the form of a trail. F. Public Safety - All public safety services can be provided to the subdiv. ~ G. Parks and Recreation - The project will not preclude the development parks or recreation facilities. PC RES0 NO. 4350 -2- 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 2. The project is consistent with the City-Wide Facilities and Improvements . applicable local facilities management plan and all City public facility pol ordinances since: A. The project has been conditioned to ensure the building permits will not for the project unless the District Engineer determines that sewer s available, and building cannot occur within the project unless sewel remains available, and the District Engineer is satisfied that the require the Public Facilities Element of the General Plan have been met insofa apply to sewer service for this project. B. Statutory School fees will be paid to ensure the availability of school fac the Encinitas Union Elementary and San Dieguito Union High Districts. 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. 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. 3. 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 pur Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail2 public facilities and will mitigate any cumulative impacts created by the project. 4. This project has been conditioned to comply with any requirement approved as pz Local Facilities Management Plan for Zone 11. 5. That coastal sage scrub habitat loss does not cumulatively exceed the 5% 5 established in the Draft Conservation Guidelines of the Draft Natural COI Conservation Plan (NCCP), in that the EIR identified that the project will ir acres of disturbed coastal sage scrub and .3 acres of Coyote scrub brush whl be considered as scrub habitat, and there is currently sufficient acreage re1 in the City’s 5% bank. 6. That the habitat loss will not preclude connectivity between areas of high habita- in that the take is not within an area of linkage. PC RES0 NO. 4350 -3 - e 0 1 2 3 4 5 6 7. That the habitat loss will not preclude or prevent the preparation of the City’ Management Plan (HMP), in that the project is included as a “hard line’ within the HMP. 8. That the habitat loss has been minimized and mitigated to the maximur practicable in accordance with the mitigation established by the NCCP Guideline the area of disturbance is less than one acre, will require issuance of a 4(d) 1 sufficient acreage is available at the time of 4(d) permit application and mitigated onsite. 7 8 9 been identified onsite. 10. That the habitat loss is incidental to otherwise lawful activities, in that the 9. That the habitat loss will not appreciably reduce the likelihood of the sun recovery of listed wildlife species in the wild, in that no sensitive wildlife spec 10 consists of residential development consistent with all applicable laws. 11 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and 1 12 1 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 E Subdivision Map Act, and will not cause serious public health problems, in project was designed in accordance with all applicable regulations. 13 14 15 16 17 18 19 12. That the proposed project is compatible with the surrounding future land us surrounding properties are designated for single family development on the Gene in that the project is also designed as single family development. 13. 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 is designed with average lot sizes larger than square feet and will result in a density less than allowed by the City of C Growth Management Plan. 20 21 22 23 24 25 26 27 28 14. That the design of the subdivision or the type of improvements will not confl easements of record or easements established by court judgment, or acquired public at large, for access through or use of property within the proposed subdiv: that any and all easements have been accounted for and were considered subdivision design. 15. That the property is not subject to a contract entered into pursuant to tk Conservation Act of 1965 (Williamson Act); 16. That the design of the subdivision provides, to the extent feasible, for future pa; natural heating or cooling opportunities in the subdivision, in that homes desig the subdivision may include passive and/or natural heating and cooling. PC RES0 NO. 4350 -4- 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 17. That the Planning Commission has considered, in connection with the housing 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 envir resources; 18. That the design of the subdivision and improvements are not likely to cause SL environmental damage nor substantially and avoidably injure fish and wildlife habitat, in that potentially significant impacts have been identified in the pro and can be mitigated to a level of less than significant. 19. That the discharge of waste from the subdivision will not result in violation oi California Regional Water Quality Control Board requirements, in tf management practices will have been designed into the project consistc National Pollutant Discharge Elimination System (NPDES). 20. The Planning Commission has reviewed each of the exactions imposed on the D 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 by the proj 21. That all necessary public facilities required by the Growth Management Ordins be constructed or are guaranteed to be constructed concurrently with the need created by this project and in compliance with adopted City standards, in that thc will pay fees for certain facilities such as schools, administrative and facilities, and will construct other facilities such as streets, sewer and stor. systems. Conditions: 1. Staff is authorized and directed to make, or require the Developer to make, all COI and modifications to the Tentative Map documents, as necessary to mal internally consistent and in conformity with the final action on the project. Deve shall occur substantially as shown on the approved Exhibits. Any proposed deve different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, a1 ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop Tentative Map as approved by the final decision making body. The Tentative N reflect the conditions of approval by the City. The Map copy shall be submitte City Engineer and approved prior to building, grading, final map, or improvemc submittal, whichever occurs first. PC RES0 NO. 4350 -5- 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 4. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving resolutions on a 24” x 36” blueline dra1 5. Building permits will not be issued for development of the subject propen assurances of the availability of sewer facilities have been given by the Leucadia Water District in writing. 6. 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 dew fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h Code or other ordinance adopted to implement a growth management system or : and Improvement Plan and to fulfill the subdivider’s agreement to pay th facilities fee dated August 10,1998, a copy of which is on file with the City Cle 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. 7. The Developer shall provide proof of payment of statutory school fees to conditions of overcrowding as part of the building permit application. The ar these fees shall be determined by the fee schedule in effect at the time of buildin application. 8. This project shall comply with all conditions and mitigation measures which are as part of the Zone 1 1 Local Facilities Management Plan and any amendments that Plan prior to the issuance of building permits. 9. If any condition for construction of any public improvements or facilities, or the 1 of any fees in-lieu thereof, imposed by this approval or imposed by law on this re, housing project are challenged this approval shall be suspended as pro1 Government Code Section 66020. If any such condition is determined to be inv approval shall be invalid unless the City Council determines that the project wit condition complies with all requirements of law. 10. The Developer shall establish a homeowner’s association and corresponding co conditions and restrictions. Said CC&Rs shall be submitted to and approved Planning Director prior to final map approval. Prior to issuance of a building pe Developer shall provide the Planning Department with a recorded copy of the CC&Rs that have been approved by the Department of Real Estate and the 1 Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement by the City. The City shall have the right, but obligation, to enforce those Protective Covenants set forth in this Declaration of, or in which the City has an interest. PC RES0 NO. 4350 -6- II 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 1 B. Failure of Association to Maintain Common Area Lots and Easements. In that the Association fails to maintain the “Common Area Lots an Association’s Easements” as provided in Article , Section City shall have the right, but not the duty, to perform the necessary maintel the City elects to perform such maintenance, the City shall give written not1 Association, with a copy thereof to the Owners in the Project, setting fc particularity the maintenance which the City finds to be required and reque same be carried out by the Association within a period of thirty (30) days giving of such notice. In the event that the Association fails to carry maintenance of the Common Area Lots and/or Association’s Easements M period specified by the City’s notice, the City shall be entitled to cause sucl be completed and shall be entitled to reimbursement with respect thereto Owners as provided herein. C. I Special Assessments Levied by the City. In the event the City has perf01 necessary maintenance to either Common Area Lots and/or Association’s Ea the City shall submit a written invoice to the Association for all costs incurrt City to perform such maintenance of the Common Area Lots and or Asso Easements. The City shall provide a copy of such invoice to each Own1 Project, together with a statement that if the Association fails to pay such i~ full within the time specified, the City will pursue collection against the 0 the Project pursuant to the provisions of this Section. Said invoice shall be payable by the Association within twenty (20) days of receipt by the Associ; the Association shall fail to pay such invoice in full within the period s payment shall be deemed delinquent and shall be subject to a late charge in ar equal to six percent (6%) of the amount of the invoice. Thereafter the C pursue collection from the Association by means of any remedies available I in equity. Without limiting the generality of the foregoing, in addition to rights and remedies available to the City, the City may levy a special as: against the Owners of each Lot in the Project for an equal pro rata shar invoice, plus the late charge. Such special assessment shall constitute a char$ land and shall be a continuing lien upon each Lot against which the assessment is levied. Each Owner in the Project hereby vests the City with ‘ and power to levy such special assessment, to impose a lien upon their respec and to bring all legal actions and/or to pursue lien foreclosure procedures agl Owner and hisher respective Lot for purposes of collecting such special ass in accordance with the procedures set forth in Article of this Declar 11. This approval shall be null and void if the project site subject to this approv; annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The C not issue any grading, building, or other permit, until the annexation is complett City Manager is authorized to extend the 60 days, for a period not to exceed C upon a showing of good cause. 27 I1 28 I( PC RES0 NO. 4350 -7- * 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 12. The Developer shall prepare a detailed landscape and irrigation plan in conform: the approved Conceptual Landscape Plan and the City’s Landscape Manual. 1 shall be submitted to and approval obtained from the Planning Director pril approval of the final map, grading permit, or building permit, whichever occurs 1 Developer shall construct and install all landscaping as shown on the approved F maintain all landscaping in a healthy and thriving condition, free from weeds, t debris. 13. The Developer shall display a current Zoning and Land Use Map in the sales of times, or suitable alternative to the satisfaction of the Planning Director. 14. All sales maps that are distributed or made available to the public shall include b limited to trails, future and existing schools, parks and streets. 15. Prior to issuance of a grading permit within an area of agency jurisdic Developer shall be required to obtain any permits required by the California De of Fish and Game (CDFG), U.S. Fish and Wildlife Service (USWFS), and U. Corps of Engineers (USACE). 16. The Developer shall diligently implement, or cause the implementation of, all n measures identified in the Final EIR 90-06 that are found by this resolution to be 17. The Developer shall implement, or cause the implementation of, the Shelley 7 Map Mitigation Monitoring and Reporting Program. 18. The Developer, or their successors in interest, shall improve the project site Encinitas Creek Corridor Alternative project as described in the Final E11 except as modified by this resolution. 19. Paleontology: A. Prior to any grading of the project site, a paleontologist shall be re perform a walkover survey of the site and to review the grading determine if the proposed grading will impact fossil resources. A col paleontologist’s report shall be provided to the Planning Director prior to of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspectio site and to salvage exposed fossils. Due to the small nature of some of tl present in the geologic strata, it may be necessary to collect matrix sar laboratory processing through fine screens. The paleontologist sh; periodic reports to the Planning Director during the grading process; I PC RES0 NO. 4350 -8- 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 C. The paleontologist shall be allowed to divert or direct grading in the a exposed fossil in order to facilitate evaluation and, if necessary, salvage a D. All fossils collected shall be donated to a public, non-profit institutic research interest in the materials, such as the San Diego Natural History 1 E. Any conflicts regarding the role of the paleontologist and the grading act the project shall be resolved by the Planning Director and City Engineer. 20. Prior to the recordation of each unit of the tentative map or the issuance of permits, whichever occurs first, the Developer shall prepare and record a Notice map unit that the property may be subject to noise impacts from Rancho ? Road, in a form meeting the approval of the Planning Director and City Atto: Noise Form #1 on file in the Planning Department). 21. Prior to the issuance of building permits the Developer shall pay to the inclusionary housing impact fee as an individual fee on a per market rate dwel basis. 22. The Developer shall dedicate on the final map, an open space easement for those of lots 252-259 which are in slopes, wetlands, coastal sage scrub or other constra: plus all other lands set aside as part of the Citywide Open Space System in thei: to prohibit any encroachment or development, including but not limited to fencc decks, storage buildings, pools, spas, stairways and landscaping other than that ; as part of the grading plan, improvement plans, biological revegetation landscape plan, etc. as shown on Exhibits “A”-“K’. 23. Removal of native vegetation and development of Open Space Lots 252-259, i but not limited to fences, walls, decks, storage buildings, pools, spas, stain landscaping, other than that approved as part of the grading plan, improveme biological revegetation program, landscape plan, etc. as shown on Exhibits “H’ specifically prohibited, except upon written order of the Carlsbad Fire Departmer prevention purposes, or upon written approval of the Planning Director, and (C Coastal Commission if in Coastal Zone), based upon a request from the Won Association accompanied by a report from a qualified arboristhotanist indic; need to remove specified trees and/or plants because of disease or impending c adjacent habitable dwelling units. For areas containing native vegetation tl required to accompany the request shall be prepared by a qualified biologist. 24. Prior to approval of the final map, the Developer shall provide an irrevocable dedication to the City of Carlsbad for a trail easement for trail(s) shown on the t map within Open Space Lot 252. If the City of Carlsbad accepts dedication of easement, the trail shall be constructed as a public trail and will be the mainten; liability responsibility of the City of Carlsbad. If the City of Carlsbad does nc PC RES0 NO. 4350 -9- 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 0 0 dedication of the trail easement, the trail shall still be constructed but it constructed and available as a private trail to the members of the Home Association and shall be the maintenance and liability responsibility of the Homl Association. 25. This approval is for subdivision of property only. A Site Development Plan approved by the Planning Commission prior to the issuance of building pe. product design and siting, entry monumentation, and fence design and p which will supercede the concepts shown on Exhibits “H” -“K”. Engineering: NOTE: Unless specifically stated in the condition, all of the following en4 conditions upon the approval of this proposed major subdivision must be met prior to ap a final map. 26. Prior to issuance of any building permit, the developer shall comply requirements of the City’s anti-graffiti program for wall treatments if and whc program is formerly established by the City. 27. This project is approved for up to four (4) final subdivision maps for the pu recordation. 28. 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 i by the City Engineer and Planning Director. 29. 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 30. 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 it officers, or employees to attack, set aside, void or null an approval of the t Planning Commission or City Engineer which has been brought against the Cii the time period provided for by Section 66499.37 of the Subdivision Map Act. 3 1. 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 condil requirements the City Engineer may impose with regards to the hauling operatior PC RES0 NO. 4350 -10- 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 32. The developer shall provide for sight distance corridors at all street interse accordance with Engineering Standards and shall record the following stateme 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 j as a sight distance corridor in accordance with City Standard Public Strec Criteria, Section 8.B.3. The underlying property owner shall mair condition." FeedApreements 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 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 : written consent to the annexation of the area shown within the boundarir subdivision plan into the existing City of Carlsbad Street Lighting and Lan District No. 1 on a form provided by the City. 37. Prior to approval of the first final map, the developer shall enter into a Pre] Agreement with the City for prepayment of the developer obligation for the to improve Rancho Santa Fe Road, which will satisfy the special conditio Zone 11 LFMP requiring a financing plan guaranteeing construction of Santa Fe Road. 38. Prior to approval of the final map for Units 2, 3, or 4, whichever is i developer shall enter into a Reimbursement Agreement with the CitJ Agreement shall provide for the following basic items: 0 Rancho Santa Fe Road is designated as a Secondary Arterial with an 84' 1 way width; e The improvements to Rancho Santa Fe Road extend between the northerly I line of the Shelley project to Calle Acervo; 0 The Shelley project is responsible for the sidewalk, street trees, and street along its project frontage; PC RES0 NO. 4350 -1 1- 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 Other Rancho Santa Fe Road items, as stated in the Reimbursement Agree] the financial responsibility of the City via the fees collected from the Shelle and other property owners; a The Shelley project financial contribution to all contemplated City Rancho Road Community Facility District No. 2 projects is estimated at $10,250 per a Payment of project costs during construction will be by Shelley, up to the ec estimated fee amount of the map units recorded until that time, with the paid for via progress payments from City collected fees set aside for this and e Final maps for Units 1 and 2 may record with a bond for the estimated $1( dwelling unit fee for that map, which shall be reduced as project costs arc Shelley. Grading 39. Based upon a review of the proposed grading and the grading quantities shov 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 stand: to issuance of a building permit for the project. 40. Prior to the 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. 41. 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 constru must be based on a contour map which represents both the pre and post site gradj plan shall be signed by both the soils engineer and the engineering geologist. shall be prepared on a 24" x 36" mylar or similar drafting film and shall t permanent record. 42. No grading for private improvements shall occur outside the limits of the su. 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 01 project site in a manner which substantially conforms to the approved tentativl determined by the City Engineer and Planning Director. PC RES0 NO. 4350 -12- /I e 0 1 2 3 4 5 6 7 43. Prior to occupancy of any unit in Unit 1, the 60' wide offsite easement local the southern boundary of Unit 1 shall be graded to the satisfaction of Engineer, subject to permits and access rights being available. The grad provide positive drainage to the existing storm drain inlets. Grading imprc are to be clearly indicated on the Unit 1 grading plans. Dedicationsflmprovements 44. Additional drainage easements may be required. Drainage structures shall be prc installed prior to or concurrent with any grading or building permit as may be re1 the City Engineer. 8 11 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 45. The owner shall make an offer of dedication to the City for all public st] easements required by these conditions or shown on the tentative map. The offe 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 CI City. Streets that are already public are not required to be rededicated. The righ width for Rancho Santa Fe Road shall be as designated on the circulation el' the General Plan, but in no case less than 84' of right-of-way width. 46. Prior to issuance of building permits, the developer shall underground all overhead utilities within the subdivision boundary. 47. Direct access rights for all lots abutting Rancho Santa Fe Road and Calle Acervc waived on the final map. 48. The developer shall comply with the City's requirements of the National Discharge Elimination System (NPDES) permit. The developer shall pro1 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 notifling 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, mc antifreeze, solvents, paints, paint thinners, wood preservatives, and ot: fluids shall not be discharged into any street, public or private, or into sto or storm water conveyance systems. C. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertili PC RES0 NO. 4350 -13- I 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 1 a other such chemical treatments shall meet Federal, State, County requirements as prescribed in their respective containers. D. Best Management Practices shall be used to eliminate or reduce surface 1 when planning any changes to the landscaping and surface improvement! 49. Plans, specifications, and supporting documents for all public improvements prepared to the satisfaction of the City Engineer. In accordance with City Stanc 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 Units 1 and 2 A. All streets within Units 1 and 2, constructed in accordance FI standards. Unit 3 B. All streets within Unit 3, constructed in accordance with City standa~ C. Rancho Santa Fe Road, graded to City circulation element de Arterial standards and constructed to full Secondary Arterial st, along the Unit 3 frontage and south to Calle Acewo, including apy transitions. D. Storm drain improvements in Rancho Santa Fe Road along thc frontage, in accordance with the City’s Master Drainage and Storr Quality Management Plan. Unit 4 E. All streets within Unit 4, constructed in accordance with City standal F. Rancho Santa Fe Road, graded to City circulation element de Arterial width and constructed to full Secondary Arterial standarc the Unit 4 frontage. G. Rancho Santa Fe Road, graded to City circulation element de Arterial width and constructed to half street plus 12’ of additiona and appropriate transitions in accordance with Secondary standards, from the northerly property line of the project to the Santa Fe Road/Olivenhain Road intersection, but not including intt and traffic signal improvements. PC RES0 NO. 4350 -14- m 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 H. A double box culvert, in accordance with the City’s Master Drain Storm Water Quality Management Plan. A list of the above improvements shall be placed on an additional map sheet on the final the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed ab be constructed within 18 months of approval of the secured improvement agreemeni other time as provided in said agreement. 50. 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 outlc satisfaction of the Community Services Director and the City Engineer. Final Map Notes 5 1. Notes to the following effect shall be placed on the final map as non-mapping dar Geotechnical caution: A. The owner of this property on behalf of itself and all of its successors i~ has agreed to hold harmless and indemnify the City of Carlsbad from a that may arise through any geological failure, ground water seepage subsidence and subsequent damage that may occur on, or adjacent subdivision due to its construction, operation or maintenance. B. 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 ide as a sight distance corridor in accordance with City Standard Public Stree Criteria, Section 8.B.3. The underlying property owner shall main condition. Fire: 52. Provide additional public fore hydrants at intervals of 500 feet along public st: private driveways. Hydrants should be located at street intersections when pos: should be positioned no closer than 100 feet from terminus of a street or drivewq 53. Applicant shall submit a site plan to the Fire Department for approval, whicl location of required, proposed and existing public water mains and fire hydra: plan should include off-site fire hydrants within 200 feet of the project. PC RES0 NO. 4350 -1 5- 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 m e 54. Applicant shall submit a site plan depicting emergency access routes, drivel traffic circulation for Fire Department approval. 55. An all weather, unobstructed access road suitable for emergency service vehicle: provided and maintained during construction. When in the opinion of the Fire ( access road has become unserviceable due to inclement weather or other reasons: in the interest of public safety, require the construction operations to cease condition is corrected. 56. All required water mains, fire hydrants and appurtenances shall be operation, combustible building materials are located on the construction site. 57. Prior to inspection, all security gate systems controlling vehicular access (r vehicle storage area) shall be equipped with a “Knox”, key operated emergenc Applicant shall contact the Fire Prevention Bureau for specifications and appro’ to installation. 58. Prior to the issuance of a building permit, the applicant shall obtain fire de approval of a wildland fuel management plan. The plan shall clearly ind methods proposed to mitigate and manage fire risk associated with native v growing within 60 feet of structures. The plan shall reflect the standards presen fire suppression element of the City of Carlsbad Landscape Guidelines Manual. 59. Prior to occupancy of buildings, all wildland fuel mitigation activities must be ( and the condition of all vegetation within 60 feet of structures found to be in con with an approved wildland fuel management plan. 60. The applicant shall provide a street map which conforms with the 1 requirements: A 400 scale photo-reduction mylar, depicting proposed improven at least two existing intersections or streets. The map shall also clearly der centerlines, hydrant locations and street names. 61. If any of the foregoing conditions fail to occur; or if they are, by their ten: implemented and maintained over time, if any of such conditions fail 1 implemented and maintained according to their terms, the City shall have thc revoke or modify all approvals herein granted; deny or further condition issua future building permits; deny, revoke or further condition all certificates of o issued under the authority of approvals herein granted; institute and prosecute lit compel their compliance with said conditions or seek damages for their viol; vested rights are gained by Developer or a successor in interest by the City’s ar this Tract Map. PC RES0 NO. 4350 -16- s 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 1) NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve “fees/exactions.” You have 90 days from date of final City Council approval to protest imposition feedexactions. If you protest them, you must follow the protest procedure set Government Code Section 66020(a), and file the protest and any other required informa the City Manager for processing in accordance with Carlsbad Municipal Code Section 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/ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any fees/exactions of which you have previously bc a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of October 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Monroy , and Savary NOES: ABSENT: Commissioners Heineman and Welshons ABSTAIN: A ** $7 .*? \ , ‘:‘ * ,, Jf gy3 ,=-* r‘ p ;$\%a G:>q,&< .4,F y .&,? , 9 5 2 ,$ j ;;->:”+,:.:>..:+> , 7 .;, s*? ws-. BAILEY NOBE$, Chairperson CARLSBAD PLANNING COMMISSION I ~ ATTEST: . Y MICHAEL J. CR~LZ~LER Planning Director PC RES0 NO. 4350 -17-