HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 43500 e
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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.
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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.
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G. Parks and Recreation - The project will not preclude the development
parks or recreation facilities.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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
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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
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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;
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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.
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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.
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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
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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.
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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.
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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.
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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 ** $7
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ws-.
BAILEY NOBE$, Chairperson
CARLSBAD PLANNING COMMISSION
I
~ ATTEST: .
Y MICHAEL J. CR~LZ~LER
Planning Director
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