HomeMy WebLinkAbout1998-10-21; Planning Commission; Resolution 4411.,
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PLANNING COMMISSION RESOLUTION NO. 4411
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
TRACT MAP TO SUBDIVIDE 1.61 ACRES INTO 6 SINGLE
FAMILY RESIDENTIAL LOTS ON PROPERTY GENERALLY
LOCATED ADJACENT TO CARRILLO WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 18
CA.SE NAME: RANCHO CARRILLO VILLAGE 4-6
CASE NO.: CT 97- 18
WHEREAS, Continental Ranch, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Continental Rant
“Owner”, described as
CA.RLSBAD TRACT NUMBER CT 97-18 A TENTATIVE
All that portion of Section 13, Township 12 South, Range 4 West,
San Bernardino Meridian, and all that Portion of Section 18 and
19 of Township 12 South, Range 3 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State of
California,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat:
Map as shown on Exhibit(s) “A”-‘%’’ dated October 21, 1998, on file in the
Department RANCHO CARRILLO VILLAGE Q-6, CT 97-18, as provided by Chap
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of Octobl
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 a
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
I Commission of th.e City of Carlsbad as follows:
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A) Thad the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
&PROVES RANCHO CARRILLO VILLAGE Q-6, CT 97-18, basr
following findings and subject to the 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 I
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 proposing densities within the Growth Management Control Poi]
to the recordation of any final map the deeding of an acceptable school si
San Marcos Unified School District, and a financing plan approved by
Marcos School District guaranteeing the construction of the necessar
facilities must occur; the mitigation of onsite surface runoff so as not to :
and offsite downstream properties is required; major offsite sewer line con!
is required; prior to recordation of the final map an affordable housing a€
must be entered into which provides for and deed restricts dwelling
affordable to lower income households for the useful life of the dwelling un
35% of the net developable acreage of the Master Plan has been left as opc
the construction of Melrose Drive and access to this subdivision from it is r
prior to olccupancy the construction of noise walls to meet the standards c
within the General Plan is required; a parks agreement between the
Carlsbad and the property owners has been completed; and all lot areas, (
setbacks, :parking, and streets meet the minimum standards of the Rancho
Master Plan and the R-1 Zone.
2. That the proposed project is compatible with the surrounding future land u
surrounding properties are designated for residential development on the Geners
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 tb
proposed, in that the residential development complies with all city poli
standards, including zoning, without the need for variances from devc
standards.
4. That the design of the subdivision or the type of improvements will not con
easements of record or easements established by court judgment, or acquire
public at hge, for access through or use of property within the proposed subdi
that the project has been designed and conditioned such that there are no
with any established easements.
I ...
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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 heatting or cooling opportunities in the subdivision, in that the lots allc
variety of building placement alternatives, including the adequate placen
separation of the homes, in combination with the future variety of floor p
the dominant sea breezelsolar radiation patterns, will allow utilization 01
heating and cooling opportunities.
7. 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 envirl
resources.
8. That the design of the subdivision and improvements are not likely to cause SI
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that all feasible mitigation measures or project alternatives il
within the certified Final EIR 91-04 and MEIR 93-01 which are appropria
project have been incorporated into the project and no significant impact
wildlife, or their respective habitats will occur.
9. That the discharge of waste fiom the subdivision will not result in violation oj
California Regional Water Quality Control Board requirements, in that the 1
requirements of the Rancho Carrillo Master Plan and City of Carlsbad or
have been1 considered and appropriate drainage facilities have been desig
secured. I[n addition to City Engineering Standards and compliance with tl
Master Drainage Plan, National Pollution Discharge Elimination System (
standards will be satisfied to prevent any discharge violations.
10. The Planning Commission finds that the project, as conditioned herein for (
(Rancho (Carrillo Village Q-6), is in conformance with the Elements of t
General Plan, based on the following:
A. Land Use - The General Plan Land Use designation for this site
which allows a density range of 0-4 dwelling units per net develop:
with a Growth Management Control Point of 3.2 dwelling units
developable acre. Typically the RLM land use designation is appro1
single family dwelling units. In conformance with this finding,
Carrillo Village Q-6 is proposing single family dwelling units. Vi1
proposing 2.85 dwelling units per net developable acre which is w
alllowable dwelling unit range and less than the Growth Mar
Control Point.
B. Circulation - The public street system serving this subdivision
Melrose Drive (a Circulation Element Arterial) and the project
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conditioned to provide the necessary improvements to this arterial, a
Carrillo Way.
C. Homing - Prior to the approval of the final map the developer mi
entiered into an Affordable Housing Agreement which me
requirements set forth in Chapter 21.85 of the Carlsbad Municipal C'
D. Open Space and Conservation - Over 35% of the net developable ac
the Rancho Carrillo Master Plan has been left as open space.
E. Public Safety - The project is conditioned to pay Public Facilities Fr
proposed project is required to provide streets, sidewalks, street lig
fire hydrants, as conditions of approval.
F. Parks and Recreation - The Rancho Carrillo Master Plan has enterc
Parks Agreement with the City of Carlsbad.
11. The project is consistent with the City-Wide Facilities and Improvements :
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 Elemr
General Plan have been met insofar as they apply to sewer service for thi:
B. The project is conditioned that prior to the recordation of a final
deeding of an acceptable school site to the San Marcos Unifiec
District and a financing plan approved by the San Marcos Unifiec
District guaranteeing the construction of necessary elementaq
facilities pursuant to that dedication is required.
C. The Rancho Carrillo Master Plan has entered into a Parks Agreem
the City of Carlsbad.
D. All necessary public improvements have been provided or are re(
conditions of approval.
E. The developer has agreed and is required by the inclusion of an ay
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.
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12. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any a
requirements established by a Local Facilities Management Plan prepared pu
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as c
Local Facilities Management Plan for Zone 18.
14. That the project is consistent with the City’s Landscape Manual, adopted by Citj
Resolution No. 90-384.
15. The Planning Commission finds that the Planning Director has determined that:
A. the project is a subsequent development as described in CEQA Guideline:
15 168(c)(2) and (e), and 15 183;
B. the project is consistent with the General Plan Master EIR (MEIR 934
andl the Rancho Carrillo Master Plan EIR 91-04;
C. there were EIRs certified in connection with the prior 1994 General Pla~
Update and Rancho Carrillo Master Plan Amendment;
D. the project has no new significant environmental effect not analyzed as
significant in the prior EIRs;
E, none of the circumstances requiring Subsequent or a Supplemental EIR UI
CEQA Guidelines Sections 15 162 or 15 163 exist.
16. 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 cause by or reasonably related to the project, and the exteni
degree of tlhe exaction is in rough proportionality to the impact caused by the proj
17. That MEIR 93-01 found that air quality and circulation impacts are signific
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 a1
environme:ntal document is required.
18. 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.
Conditions:
I. Staff is authorized and directed to make or require the Developer to make all co
and modifications to the Tentative Tract Map document(s) necessary to ma
internally consistent and conform to the final action on the project. Developm
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occur substantially as shown on the approved exhibits. Any proposed devc
different from this approval shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
Note: Unless specifically stated in the condition, all of the following conditions,
approval of this proposed major subdivision, must be met prior to approval c
map.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harml’ess the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Conditional Use Pe
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, i
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio:
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar co]
Tentative Map as approved by the final decision making body. The Tentat
shall reflect the conditions of approval by the City. The Map copy shall be sub
the City Engineer and approved prior to building, grading, final map, or imp]
plan submittal, whichever occurs first.
5. 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
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dev
Permit and signed approved site plan.
6. The final rnap shall not be approved unless the City Council finds as of the timc
approval that sewer service is available to serve the subdivision.
7. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
8. The Developer shall pay the public facilities fee adopted by the City Council OF
1987, (amended July 2, 1991) and as amended from time to time, and any dev
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 t€
facilities fee dated October 20, 1997, a copy of which is on file with the City (
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is incorporated by this reference. If the fees are not paid, this application wi
consistent with the General Plan and approval for this project will be void.
9. Prior to approval of a final map or the issuance/approval of a building permit, w
occurs first, the Developer shall submit evidence to the Planning Director that i1
school facilities have been mitigated in conformance with the City’s
Management Plan to the extent permitted by applicable state law. If the n
involves a financing scheme such as a Mello-Roos Community Facilities Distri
is inconsistent with the City’s Growth Management Plan, including City Counc
Statement No. 38, the Developer shall disclose to future owners in the projec
maximum extent possible, the existence of the tax and that the school district is tl
agency responsible for the financing district.
10. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 18 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
General Conditions
1 1. 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 re
housing project are challenged this approval shall be suspended as pro’
Government Code Section 66020. If any such condition is determined to be in.c
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
12. The Developer shall establish a homeowner’s association and corresponding cc
conditions and restrictions. Said CC&Rs shall be submitted to and approve1
Planning Xrector prior to final map approval. Prior to issuance of a building pt
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
obl:igation, to enforce those Protective Covenants set forth in this Decla
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements’’ the City shall have the right, but not the
perform the necessary maintenance. If the City elects to perfor
maintenance, the City shall give written notice to the Association, wit1
thereof to the Owners in the Project, setting forth with particula
maintenance which the City finds to be required and requesting the
carried out by the Association within a period of thirty (30) days from th
of such notice. In the event that the Association fails to carry (
ma:intenance of the Common Area Lots and/or Association’s Easement
-
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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
frorn the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perfo
necessary maintenance to either Common Area Lots and/or Assc
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such ir
eaclh Owner in the Project, together with a statement that if the Associatio
pay such invoice in full within the time specified, the City will pursue c
against the Owners in the Project pursuant to the provisions of this Secti
invoice shall be due and payable by the Association within twenty (20:
receipt by the Association. If the Association shall fail to pay such invoi
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the 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 char;
special assessment shall constitute a charge on the land and shall be a c(
lien upon each Lot against which the special assessment is levied. Each t
the Project hereby vests the City with the right and power to levy SUC
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any 01
hidher respective Lot for purposes of collecting such special assessment.
13. Prior to the recordation of the Final Map, Developer shall submit to the City a :
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 interesl
City of Carlsbad has issued a(n) Tentative Map by Resolution No. 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 ap
well as any conditions or restrictions specified for inclusion in the Notice of Rc
The Planning Director has the authority to execute and record an amendment to t
which modifies or terminates said notice upon a showing of good cause by the 1
or successor in interest.
Landscape
14. The Developer shall prepare a detailed landscape and irrigation plan in conform
the approved Preliminary Landscape Plan and the City’s Landscape Maual. r
shall be submitted to and approval obtained fiom the Planning Director pri
approval of the final map, grading permit, or building permit, whichever occurs :
Developer shall construct and install all landscaping as shown on the approved I
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maintain all landscaping in a healthy and thriving condition, free from weeds, t
debris.
Miscellaneous Planning Conditions
15. Building identification and/or addresses shall be placed on all new and existing '
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
16. 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.
17. All sales maps that are distributed or made available to the public shall include t
limited to trails, future and existing schools, parks and streets.
18. Prior to the issuance of building permits, Village Q-6 shall be annexed
Rancho Carrillo Master Homeowner's Association.
19. Elevations, floor plans, and building layouts for all lots in CT 97-18 shall
with the Village Q Design Guidelines.
Environmental
20. The Developer shall diligently implement, or cause the implementation of, all a
mitigation measures identified in the Final EIR 91-04 and MEIR 93-01, inclu
not limited to demonstration that means of solid waste disposal are avail:
monitoring of traffic is provided to conform to City standards, monitor cons
to reduce short term construction related impacts to air resources, and im
energy conservation through the Building Code.
21. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
may be subject to noise impacts from the proposed or existing Transportation Co
a form meeting the approval of the Planning Director and City Attorney (see No
#1 on file in the Planning Department).
22. 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).
23. The Developer shall post aircraft noise notification signs in all sales and/or rent,
associated with the new development. The number and locations of said sign:
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approved by the Planning Director (see Noise Form #3 on file in the :
Department).
Housing
24. Prior to the approval of the final map for any phase of this project, or where a m
being processed, prior to the issuance of building permits for any lots or u
Developer shall enter into an Affordable Housing Agreement with the City to pro
deed restrict dwelling units as affordable to lower-income households for the u
of the dwelling units, in accordance with the requirements and process set
Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable
Agreement shall be binding on all future owners and successors in interest.
25. The Developer shall construct the required inclusionary units concurrent
project's m.arket rate units, unless both the final decision making authority of the
the Developer agree within an Affordable Housing Agreement to an alternate
for development.
EnEineering Conditions:
26. There shall be one final subdivision map recorded for this project.
27. 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
Planning Commission or City Engineer which has been brought against the Ci
the time period provided for by Section 66499.37 of the Subdivision Map Act.
28. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
29. 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 M
Standard GS-15, to convey roof drainage to an approved drainage course or str
satisfaction of the City Engineer.
30. 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):
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches 2
street level may be placed or permitted to encroach within the area identified ~
distance corridor in accordance with City Standard Public Street-Design Criteri;
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8.B.3. The underlying property owner or homeowner's association shall mail
condition."
31. 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 7
Council Resolution No. 91-39.
32. The developer shall pay all current fees and deposits required.
33. The subject property is within the boundaries of Assessment District No. 93-1 (
Drive). Upon the subdivision of land within the district boundaries, the owner 1
through assessments to subsequent owners only if the owner has executed 2
Assessment District Pass-through Authorization Agreement. Said Agreement
provision regarding notice to potential buyers of the amount of the assessment 2
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.
34. 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 recoI
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 & ne7
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 s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
37. Based upon a review of the proposed grading and the grading quantities shou
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.
38. 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 gra.ding operation, all geologic corrective measures as actually constru
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.
shall be prepared on a 24" x 36" mylar or similar drafting film and shall b
permanent record.
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39. No grading for private improvements shall occur outside the limits of the su
unless a grading or slope easement or agreement is obtained fiom the owne
affected properties and recorded. If the developer is unable to obtain the gradini
easement, or agreement, no grading permit will be issued. In that case the develc
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 tentativc
determined. by the City Engineer and Planning Director,
40. 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 (
to sensitive areas. Plans for such improvements shall be approved by the City 1
Said plans shall include but not be limited to notifying prospective owners and t
the following:
a. All owners and tenants shall coordinate efforts to establish or 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 st0
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Fed.era1, State, County and City requirements as prescribed in their rt
containers.
C. Best Management Practices shall be used to eliminate or reduce surface PI
when planning any changes to the landscaping and surface improvements.
41. Prior to issuance of building permit, Carrillo Way between Lot 6 and Melro;
shall be constructed to full width improvements. These improvements shi
accordance with City Standards and the Rancho Carrillo Master Plan.
42. Prior to issuance of any building permit, the developer shall demonstratt
satisfaction of the City Engineer, that a vehicle turnaround area is providec
6.
43. Note(s) to the following effect(s) shall be placed on the final map as non-mapping
a. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in
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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 inck
the street level may be placed or permitted to encroach within the area i
as a sight distance corridor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall main
condition.
44. The developer shall exercise special care during the construction phase of this I
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
45. Prior to approval of any final map, the following improvements as requirr
Rancho Csrrillo 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 t
Engineer prior to occupancy of the first dwelling unit within Rancho Carrill1
A. Melrose Drive - Alga Road to Palomar AirDort Road
a Complete grading to ultimate right-of-way width to prime art
e Construction of a median and two lanes in each direction
intersection improvements to the satisfaction of the City Engin
standards.
B. Poinsettia Lane - Melrose Drive to Zone 18 Western Boundary
e Complete grading to ultimate right-of-way width to major art1
e Construction of full major arterial standards from the intersec
standards.
with Melrose Avenue to the entrance to Village J and the sc
site.
C. WIFuerte Street - Through Zone 18
e Complete grading to ultimate right-of-way width.
e Construction of one lane in each direction from the south
boundary of the Master Plan to the entrance to Village T.
D. Wver Facilities, including:
e 12" main in Melrose Drive
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a 12" main in, or adjacent to Poinsettia Lane
e Buena/San Marcos Trunk (BSMT) 1, Section A
e Buena/San Marcos Trunk (BSMT) 1, Section C
a Buena/San Marcos Trunk (BSMT) 1, Section D
a Buena/San Marcos Trunk (BSMT) 1, Section F
e Buena/San Marcos Trunk (BSMT) 1, Section G
a North La Costa Lift Station
E. Water Facilities, including:
a A portion of the proposed potable 24-inch main in the f1
a The proposed pressure reducing station at the southeast corn
e The proposed potable 30-inch transmission line in the pro1
a A portion of the proposed reclaimed 8-inch main in the pro1
a The proposed reclaimed 38-inch main in the proposed align
a The proposed potable 12" main from Melrose to El F
alignment of Melrose Avenue.
Zone 18.
alignment of El Fuerte within Zone 18.
alignment of Melrose Avenue.
of El Fuerte within Zone 18.
through service Area E.
F. - Drainage Facilities, including:
a Proposed double 5' x 5' box culvert under Melrose Drive.
e Detention basins, channel and flood control improven
necessary to mitigate for erosion and protect on site Master
and off site downstream properties from significant impacts.
Fire Conditions:
46. Additional onsite public water mains and fire hydrants are required.
47. 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 offsite fire hydrants within 200 feet of the project.
48. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
49. Plans andh specifications for fire alarm systems, fire hydrants, automatic fire
systems and other fire protection systems shall be submitted to the Fire Depart
approval prior to construction.
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Water Conditions:
50. The entire potable water system, reclaimed water system, and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demanc
met.
51. The developer shall be responsible for all fees, deposits and charges whicl
collected ‘before and/or at the time of issuance of the building permit. The S
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
52. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requj
Also obtain . demand for domestic and irrigational needs from appropriatc
B. Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
C. Prior to the preparation of sewer, water, and reclaimed water improvement
meeting must be scheduled with the District Engineer for review, comr
approval of the preliminary system layouts and usages (ie-GPM-EDU).
53. This project is approved upon the expressed condition that building permits wl
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are avi
the time of application for such water service and sewer permits will contin
available until time of occupancy.
General Conditions:
54. 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 t
implemented and maintained according to their terms, the City shall have the
revoke or :modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued und,er the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apl
this Tentative Tract Map.
Code Reminders:;
The project is subject to all applicable provisions of local ordinances, including but not 1
the following code requirements:
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55. The Developer shall pay a landscape plan check and inspection fee as required b:
20.08.050 of the Carlsbad Municipal Code.
56. The following note shall be placed on the Final Map: “Prior to issuance of a
permit for any buildable lot within the subdivision, the Developer shall pay a
special development tax in accordance with the City Council Resolution No. 91-.
57. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
58. The Developer shall submit a street name list consistent with the City’s strt
policy subject to the Planning Director’s approval prior to final map approval.
59. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
60. Any signs proposed for this development shall at a minimum be designed in con
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
6 1. The developer shall exercise special care during the construction phase of this 1
prevent off-site siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
62. An all weather, unobstructed access road suitable for emergency service vehicle:
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons
in the interest of public safety, require that construction operations cease
condition is corrected.
63. All required water mains, fire hydrants, and appurtenances shall be operation
combustiblle building materials are located on the construction site.
NOTICE
Please take NOTICE that approval of your project includes the “imposition of fees, de
reservations, or other exactions hereafter collectively referred to for conveni
“fees/exactions.”
You have 90 days from October 21, 1998 to protest imposition of these fees/exaction:
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
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1 processing in accordance with the Carlsbad Municipal Code Section 3.32.030. Failure
2 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 fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading, o:r other similar application processing or servicing fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bee
NOTICE similar to this, or as to which the statute of limitations has previously (
expired. i
7 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 21st day of October, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Nielsen, Savary, and Welshons
NOES:
ABSENT:
AB STAIN:
a"% s=> a y c. i b/ fl+= $ , , &--$". p. "">.
BAILEY NOBEE, Chairperson ' 9
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CARLSBAD PLANNING COMMISSION
ATTEST: 21
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