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HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 4427t=. 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 PLANNING COMMISSION RESOLUTION NO. 4427 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 36.7 ACRES INTO 73 SINGLE FAMILY LOTS AND THREE OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: LOHF SUBDIVISION CASE NO.: CT 97-15 WHEREAS, LAMCO Housing Inc, “Developer”, has filed a verified ay with the City of Carlsbad regarding property owned by Lohf Trust and Alice M. L: Trust, “Owner”, described as APPROVAL OF CARLSBAD TRACT “IBER CT 9’7-15 TO Parcel 2 of Map No. 2244, filed in the Office of the County Recorder on January 10, 1974 and the southern half of the northeast quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, all in the City of C:arlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentat: Map as shown on Exhibits “A” - “K”, dated December 2, 1998, on file in the : Department LOHF SUBDIVISION - CT 97-15, as provided by Chapter 20 of the I Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of Decembe hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and co:nsidering all tl and arguments, if any, of persons desiring to be heard, said Commission considered a1 relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RES0LVE;D by the Commission of the City of Carlsbad as follows: . 0 0 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LOHF SUBDIVISI( 97-15, based on the following findings and subject to the following condj Findinm: 1. That the proposed map and the proposed design and improvement of the subdi conditioned, are consistent with and satis@ 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 subdivision design is consistent with the R-1-7,500 zone regulations . 2. That the proposed project is compatible with the surrounding existing and fu uses since surrounding properties are also designated for residential developme General Plan and the adjacent, existing single-family residential developme] similar density to the proposed subdivision . 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 thc proposed, in that the proposed density of the single-family subdivision is wi RLM density range and the proposed lots comply with all1 City standa policies without the need for variances from development standards. 4. That the design of the subdivision or the type of improvements will not conf easements of record or easements established by court judgme:nt, or acquirec public at large, for access through or use of property within the proposed subdil that the proposal provides for dedicated and improved public alccess to all pr within and adjacent to the subdivision without conflicting with any easements. 5. That the property is not subject to a contract entered into pursuant to tE Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future pi natural heating or cooling opportunities in the subdivision, in that the p subdivision provides a variety of lot orientations and configuraltions, allowin homes to be designed to maximize their passive or natural heating and opportunities. 7. That the Planning Commission has considered, in connection with the housing F by this subdivision, the housing needs of the region, and balanced those housir against the public service needs of the City and available fiscal and enviro resources; 8. That the design of the subdivision and improvements are not likely to cause su' environmental damage nor substantially and avoidably injure fish or wildlife PC RES0 NO. 4427 -2- 0 8 v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 habitat, in that no sensitive species are impacted by the development, which p 93 percent of the on-site native habitat. 9. That the discharge of waste from the subdivision will not result in violation oi California Regional Water Quality Control Board requirements, in that the design gathers runoff into a storm drain system and the project is req provide Best Management Practices in accordance with the NE’DES require] 10. The Planning Commission finds that the project is in conformance with the El€ the City’s General Plan, based on the following: a. Land Use - The project is consistent with the City’s General Plan I proposed density of 2.2 ddacre is within the density range of 0.0 - 4.1 specified for the site as indicated on the Land Use Element of the Gent and is at or below the growth control point of 3.2 ddac. b. Circulation - The project is consistent with the Circulation Element is conditioned to provide public streets to serve the development and access to developed and undeveloped adjacent parcels. C. Noise - The project is consistent with the Noise Element in that a no has been conducted and noise reduction measures will be incorpor: the project design and building construction. d. Housing - The project is consistent with the Housing Element of the Ger and the Inclusionary Housing Ordinance as the Developer :has been condj enter into an Affordable Housing Agreement to provide and deed rt dwelling units as affordable to lower-income households. e. Open Space and Conservation - The project is consistent with the 0p1 and Conservation Element in that 93 percent of sensitive native b being preserved and Best Management Practices will ensure complia NPDES requirements. f. Public Safety - The project is consistent with the Public Safety Ell that all-weather access roads will be maintained throughout construc 11. 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 that the final map will not be unless the City Council finds that sewer service is available to serve th In addition, the project is conditioned such that a note shall be placed or map that building permits may not be issued for the project unless th Engineer determines that sewer service is available, and building can within the project unless sewer service remains avail.able, and thc Engineer is satisfied that the requirements of the Public Facilities Elemc General Plan have been met insofar as they apply to sewer service for thi: PC RES0 NO. 4427 -3 - 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 b. Statutory School fees will be paid to ensure the availability of school fa1 the Carlsbad Unified School District. The Carlsbad Unified School Di written a letter, dated September 10, 1997, stating that s,chool facilitie available to this project. 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. 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 p; Local Facilities Management Plan for Zone 21. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the Tentative Tract Map document(s) necessary to ma internally consistent and in conformity with final action on the project. Devc shall occur substantially as shown in 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, a ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x :36”, mylar cor Tentative Map as approved by the final decision making body. The Tentati shall reflect the conditions of approval by the City. The Map copy shall be sub1 the City Engineer and approved prior to building, grading, final map, or impr plan submittal, whichever occurs first. 4. The final map shall not be approved unless the City Council finds as of the time approval that sewer service is available to serve the subdivision. 5. Building permits will not be issued for development of the subject property ur District Engineer determines that sewer facilities are available at the time of apI for such sewer permits and will continue to be available until time of occupancy. to this effect shall be placed on the final map. PC RES0 NO. 4427 -4- I e a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The Developer shall pay the public facilities fee adopted by the City Council or 1987, (amended July 2, 1991) and as amended from time to time, and any dev fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad h Code or other ordinance adopted to implement a growth managem.ent system or and Improvement Plan and to fulfill the developer’s/subdivider’s agreement tc public facilities fee dated September 11, 1997, a copy of which is on file with Clerk and is incorporated by this reference. If the fees are not paid, this applic; not be consistent with the General Plan and approval for this project will be void 7. The Developer shall provide proof of payment of statutory s’chool fees to conditions of overcrowding as part of the building permit application. The a1 these fees shall be determined by the fee schedule in effect at the time of buildir application. 8. This project shall comply with all conditions and mitigation measures which are as part of the Zone 21 Local Facilities Management Plan and an:y amendments that Plan prior to the issuance of building permits. .9. If any condition for construction of any public improvements or facilities, or the of any fees in-lieu thereof, imposed by this approval or imposed by law on this r( housing project are challenged this approval shall be suspended as pro Government Code Section 66020. If any such condition is determined to be in approval shall be invalid unless the City Council determines that the project wi condition complies with all requirements of law. 10. Approval of CT 97-15 is granted subject to the approval of ZC 97-06, LCP HDP 97-16 and CDP 97-39. CT 97-15 is subject to all clonditions coni Planning Commission Resolutions No. 4425, 4426, 4428 anti 4429 for Z( LCPA 97-08, HDP 97-16 and CDP 97-39, respectively 11. The Developer shall establish a homeowner’s association and corresponding c( conditions and restrictions. Said CC&Rs shall be submitted to and approve Planning Director prior to final map approval. Prior to issuance of a building p Developer shall provide the Planning Department with a record’ed copy of thi CC&Rs that have been approved by the Department of Real Estate and the Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, bu obligation, to enforce those Protective Covenants set forth in this Deck favor of, or in which the City has an interest. b. Failure of Association to Maintain Common Area Lots ;and Easement! event that the Association fails to maintain the “Cornmom Area Lots a; Association’s Easements” as provided in Article -, Section - the City shall have the right, but not the duty, to perform the I maintenance. If the City elects to perform such maintenance, the City s written notice to the Association, with a copy thereof to the Owners in thc PC RES0 NO. 4427 -5- ._ e e -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 setting forth with particularity the maintenance which the City finds to be and requesting the same be carried out by the Association within a perioc (30) days from the giving of such notice. In the event that the Associatic carry out such maintenance of the Common Area Lots and/or Ass( Easements within the period specified by the City’s notice, the City entitled to cause such work to be completed and shall be en reimbursement with respect thereto from the Owners as provided herein. C. Special Assessments Levied by the City. In the event the City has perfc 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 each Owner in the Project, together with a statement that if the Associatio pay such invoice in full within the time specified, the City will pursue c 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 fiom 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 l 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, plas the late char€ special assessment shall constitute a charge on the land and shall be a co lien upon each Lot against which the special assessment is levied. Each ( the Project hereby vests the City with the right and power to levy sucl assessment, to impose a lien upon their respective Lot and to bring actions and/or to pursue lien foreclosure procedures against any OM hisher respective Lot for purposes of collecting such special assess accordance with the procedures set forth in Article of this Decla~ 12. Prior to the issuance of the Final Map, Developer shall submit to the City a 1 Restriction to be filed in the office of the County Recorder, subject to the satisf the Planning Director, notifying all interested parties and successors in interest City of Carlsbad has issued a Tentative Tract Map by Resolution No. 4427 on property owned by the Developer. Said Notice of Restriction shall note the description, location of the file containing complete project detai1.s and all cond approval as well as any conditions or restrictions specified for inchsion in the P Restriction. The Planning Director has the authority to execute and record an am to the notice which modifies or terminates said notice upon a showing of good ( the Developer or successor in interest. 13. 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 complet PC RES0 NO. 4427 -6- -. e I) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Manager is authorized to extend the 60 days, for a period ;not to exceed upon a showing of good cause. 14. The Developer shall prepare a detailed landscape and irrigation plan in conform: the approved Preliminary 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 r maintain all landscaping in a healthy and thriving condition, free from weeds, 1 debris. 15. The first submittal of detailed landscape and irrigation plans shall be accompanil project’s building, improvement, and grading plans. 16. Building identification and/or addresses shall be placed on all new and existing 1 so as to be plainly visible from the street or access road; color of identificatic addresses shall contrast to their background color. 17. The Developer shall provide bus stops to service this development at locations reasonable facilities to the satisfaction of the North County Transit District Planning Director. Said facilities, if required, shall at a minimum include a be from advertising, and a pole for the bus stop sign. The bench and pole shall be to enhance or consistent with basic architectural theme of the project. 18. The Developer shall display a current Zoning and Land Use Map in the sales off times, or suitable alternative to the satisfaction of the Planning Director. 19. All sales maps that are distributed or made available to the public shall include b limited to trails, hture and existing schools, parks and streets. 20. Prior to approval of the final map, the Developer shall be required: 1) to consult United States Fish and Wildlife Service (USFWS) regarding the i:mpact of the p: the Coastal California Gnatcatcher; and, 2) obtain any permits required by the US 21. The Developer shall implement, or cause the implementation of, the Project M Monitoring and Reporting Program. 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 may be subject to noise impacts from the proposed or existing Transportation COI a form meeting the approval of the Planning Director and City Attorney (see Noj #1 on file in the Planning Department), 23. 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- PC RES0 NO. 4427 -7- _- 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 ~ Airport, in a form meeting the approval of the Planning Director and the City (see Noise Form #2 on file in the Planning Department). 24. 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 si@ approved by the Planning Director (see Noise Form #3 on file in the Department). 25. Prior to the approval of the final map for any phase of this project., or where a n being processed, prior to the issuance of building permits for any lots or I Developer shall enter into an Affordable Housing Agreement with the City to PI units affordable to lower-income households for the useful life of the dwelling accordance with the requirements and process set forth in Chapter 21.85 of the Municipal Code. The recorded Affordable Housing Agreement shall be bindil future owners and successors in interest. 26. The Developer shall construct the required inclusionary units concurrent project’s market rate units, unless both the final decision making authority of the the Developer agree within an Affordable Housing Agreement to an alternate for development. 27. The Developer shall dedicate on the final map, an open space easement for those of lots 1, 17-19, 24-32, 44, 63-72 which are in slopes in their entirety to pro1 encroachment or development, including but not limited to fences, walls, decks, buildings, pools, spas, stairways and landscaping other than that approved as pa grading plan, improvement plans, biological revegetation program and landscapc shown on Exhibits “A” - “K”, dated December 2,1998. 28. Removal of native vegetation and development of Open Space Lots 74, 75 including but not limited to fences, walls, decks, storage buildings, pools, spas, s and landscaping, other than that approved as part of the grading pliin, improveme biological revegetation program, and landscape plan as shown 011 Exhibits “A’ dated December 2, 1998, is specifically prohibited, except upon written orde Carlsbad Fire Department for fire prevention purposes, or upon written approv: Planning Director, and California Coastal Commission, based upon a request f Homeowners Association accompanied by a report from a qualified arborist/ indicating the need to remove specified trees and/or plants because of dic impending danger to adjacent habitable dwelling units. For areas containin; vegetation the report required to accompany the request shall be prepared by a ( biologist. 29. This project shall comply with all conditions and mitigation measures which are 1 i as part of the approved Mitigated Negative Declaration, as contained in P Commission Resolution No. 4424. 30. Building permits will not be issued for this project unless the local agency p~ water and sewer services to the project provides written certification to the C PC RES0 NO. 4427 -8- " 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 adequate water service and sewer facilities, respectively, are available to the proj time of the application for the building permit, and that water and sewer cap facilities will continue to be available until the time of occupancy. EnPineerinE: NOTE: Unless specifically stated in the condition, all of the following engineering CI upon the approval of this proposed major subdivision must be met prior to of a final map. 31. Prior to issuance of any building permit, the developer shall comply requirements of the City's anti-graffiti program for wall treatme:nts if and whc program is formerly established by the City. 32. There shall be one final subdivision map recorded for this project. 33. The developer shall provide an acceptable means for maintaining the private e within the subdivision and all the private: streets, sidewalks, street lights, sto facilities and sewer facilities located therein and to distribute the costs maintenance in an equitable manner among the owners of the: properties w subdivision. Adequate provision for such maintenance shall be included with the subject to the approval of the City Engineer. 34. 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 35. 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 its 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 Cit the time period provided for by Section 66499.37 of the Subdivision Map Act. 36. Prior to hauling dirt or construction materials to or from any pro:posed 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 condit requirements the City Engineer may impose with regards to the hauling operation 37. The developer shall install sight distance corridors at all street intersections in acc with Engineering Standards and shall record the following statement on thc mapping sheet of the Final Map (and in the CC&Rs). Lots 12, 33, 34, 56 & record specific sight distance deed restrictions to maintain and keep clear t distance corridors shown on the tentative map and also identified on the fi1 for this project: PC RES0 NO. 4427 -9- 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 "NO structure, fence, wall, tree, shrub, sign, or other object over 30 incl the street level may be placed or permitted to encroach within the area as a sight distance corridor in accordance with City Standard Public Strec Criteria, Section 8.B.3. The underlying property owner shall mail condition." 38. The developer shall pay all current fees and deposits required. 39. The owner of the subject property shall execute an agreement holding the City regarding drainage across the adjacent property. 40. Prior to approval of any grading or building permits for this projsct, the owner I written consent to the annexation of the area shown within the boundarie subdivision plan into the existing City of Carlsbad Street Lighting and Lm District No. 1 on a form provided by the City. 41. Based upon a review of the proposed grading and the grading quantities shoM tentative map, a grading permit for this project is required. (the developer mus and receive approval for grading plans in accordance with city coldes and standa to issuance of a building permit for the project.) 42. Prior to the issuance of a grading permit or building permit, whi'chever occurs developer shall submit proof that a Notice of Intention has been submitted to ' Water Resources Control Board. 43. No grading for private improvements shall occur outside the limits of the SUI unless a grading or slope easement or agreement is obtained fiom the ownel affected properties and recorded. If the developer is unable to obtain the grading easement, or agreement, no grading permit will be issued. In that case the develo] either amend the tentative map or modify the plans so grading will not occur ou project site in a manner which substantially conforms to the approved tentative determined by the City Engineer and Planning Director. 44. Additional drainage easements may be required. Drainage structures shall be pro installed prior to or concurrent with any grading or building permit as may be req the City Engineer. 45. The owner shall make an offer of dedication to the City for all public strl easements required by these conditions or shown on the tentative map. The offer made by a certificate on the final map for this project. All land so offered granted to the City free and clear of all liens and encumbrances and without COI City. Streets that are already public are not required to be rededicated. 46. This project is within the proposed boundary of the Aviara Parkway - Poinsett Bridge and Thoroughfare Fee District. This project is required to pay a fa contribution towards the construction of Poinsettia Lane in accordance v proposed fee program. ~ PC RES0 NO. 4427 -10- a m 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 47. Poinsettia Lane shall be dedicated by the owner along the project frontage b: center line to right-of-way width of 51 feet as shown on the tentative ma conformance with City of Carlsbad Standards. The developler may ente reimbursement agreement for right of way dedication as identified in thc Parkway - Poinsettia Lane Bridge and Thoroughfare District. If the agre entered into, it must be done prior to construction. 48. The future 60' wide access (including construction and slope rights) acro shall be irrevocably offered for dedication as shown on the tentative rn: specific location shall be approved by the City Engineer. 49. The future 60' wide access (including construction and slope rights) acro: shall be irrevocably offered for dedication as shown on the tentative mz specific location shall be approved by the City Engineer. 50. Prior to issuance of building permits, the developer shall underground all overhead utilities within the subdivision boundary. 51. Direct access rights for all lots abutting Poinsettia Lane shall be waived on map. Access rights for all lots that have frontage on two streets shall waive z required and shown on the tentative map. 52. The developer shall comply with the City's requirements of .the National I Discharge Elimination System (NPDES) permit. The developer shall prov management practices as referenced in the "California Storm Water Best Man Practices Handbook" to reduce surface pollutants to an acceptable level prior to d to sensitive areas. Plans for such improvements shall be approved by the City E Said plans shall include but not be limited to notifLing prospective owners and te the following: A. All owners and tenants shall coordinate efforts to establish or work with est disposal programs to remove and properly dispose of toxic; and hazard01 products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, an solvents, paints, paint thinners, wood preservatives, and other such fluids E be discharged into any street, public or private, or into storm drain or stor conveyance systems. Use and disposal of pesticides, .fungicides, he1 insecticides, fertilizers and other such chemical treatments shall meet Federl County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface p( when planning any changes to the landscaping and surface improvements. 53. Plans, specifications, and supporting documents for all public improvements : prepared to the satisfaction of the City Engineer. In accordance with City Stande developer shall install, or agree to install and secure with appropriaie security as p ~ PC RES0 NO. 4427 -1 1- 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 by law, improvements shown on the tentative map and the following improveme ON-SITE IMPROVEMENTS A. Poinsettia Lane full width (102’ major arterial) within the boundal subdivision. Improvements to include, but not be limited to, grac drainage improvements, A.C. paving and base, curb, gutter and’s public utilities, median hardscape, irrigation, and landscaping wi arterial roadway. B. Dove Lane (as a 60’ collector street) from its existing terminus we shopping center to the intersection of “D” Street. Improvements inc are not limited to, grading, curb, gutter and sidewalk, -4.C. paving 2 irrigation, landscaping and public utilities within this roadway. C. Mimosa Drive (as a 60’ local street) from its existing terminu! intersection of “B” Street. Improvements include, but are not lin grading, curb, gutter and sidewalk, A.C. paving and base, ir landscaping and public utilities within this roadway. D. Sewer, Water and Storm Drains onsite and offsite to serve this subdivi stubbed to serve the adjacent properties as required and as show] tentative map. E. Design and construct the two points of “Future Access” as 60 feet w streets across lot 75 and across lot 76 as shown om the tentatk Improvements include, but are not limited to, grading, curb, gul sidewalk, A.C. paving and base, irrigation, landscaping and public within this roadway. The construction of “Future Access” across lot be limited to grading and drainage, depending on adjacent land use. F. Check Dams downstream of drainage outlets across lot 76 and/or oi areas) as shown on the tentative map and as required d.ownstream to erosive velocity of drainage. Location and design of these check dam determined in final design of this project, subject to approval of t Engineer. OFF-SITE IMPROVEMENTS A. The center portion of Poinsettia Lane, a 102’ wide major arterial bein! foot wide lanes east of the boundary of this subdivision to El Camino R offsite improvement of Poinsettia Lane shall include but not be limitec width grading, transitions, AC berms, drainage facilities,, and median ( identified in the Aviara Parkway - Poinsettia Lane Bridge and Thoro District Number 2. PC RES0 NO. 4427 -12- a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Temporary transition and driveway access from Poinsettia Lan adjacent property (APN 215-050-57, Saska) to the satisfaction of Engineer. C. Transition and driveway access from street “A” to the adjacent propel 215-050-58, Steiner) as shown on the tentative map and to the satisf the City Engineer. D. Offsite transitions and/or reconstruction may be required for DO Mimosa Drive, and Poinsettia Lane at El Camino Real to provide : transition to the satisfaction of the City Engineer. REIMBURSEMENT AGREEMENTS: The developer may enter into a reimbursement agreement witlh the City for way dedication and for required improvements to Poinsettia Lane as ider the Aviara Parkway - Poinsettia Lane Bridge And Thoroughfare District N1 If the agreement is entered into, it must be approved prior to dedication of way and prior to the beginning of construction. A list of the above improvements shall be placed on an additional. map sheet on map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imprc listed above shall be constructed within 18 months of approval of the improvement agreement or such other time as provided in said agreeme construction and grading of Poinsettia Lane may follow a timeline separate j remainder of the project. The timeline is dependent on off-site righ acquisition and environmental mitigation as required by the affected agen the City. An advanced grading permit may be permitted if it includes gra Poinsettia Lane per condition number 56. 54. Prior to approval of a Site Development Plan or Final Map for this pro, developer shall determine an appropriate alignment of a third access u. proposed Poinsettia Lane, in accordance with the certified EIR for the i Specific Plan and as modified by updated environmental review. 55. Drainage outfall end treatments for any drainage outlets where al direct access maintenance purposes is not provided, shall be designed and incorporated gradinghmprovement plans for the project. These end treatments shall be desigr to prevent vegetation growth from obstructing the pipe outfall. Designs could COI modified outlet headwall consisting of an extended concrete spillway secti longitudinal curbing and/or radially designed rip-rap, or other means deemed app as a method of preventing vegetation growth directly in front of the pipe outle satisfaction of the Community Services Director and the City Engineer. 56. Note(s) to the following effect(s) shall be placed on the final map as non-mapping A. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches a1 ~ 1 PC RES0 NO. 4427 -13- 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 street level may be placed or permitted to encroach within the area ideni sight distance corridor in accordance with City Standard Public Stre Criteria, Section 8.B.3. The underlying property owner shall mail condition. B. Construction traffic shall be prohibited from using Mimosa Drive. Water District Conditions: 57. 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 applil any meter installation. 58. The Developer shall provide detailed information to the District Engineer regard demand, irrigation demand, fire flow demand in gallons per minute, and proj flow in million gallons per day. 59. The entire potable water system, recycled water system and sewer system evaluated in detail by Developer and District Engineer to insure that adequate pressure and flow demands can be met. 60. All District pipelines, pump stations, pressure reducing stations and appu required for this project by the District shall be within public right-of-way I easements granted to the District or the City of Carlsbad. 61. Sequentially, the Developer’s Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirement! B. Prepare and submit a colored recycled water use area map and submit this m Planning Department for processing and approval by the District Engineer. C. Prior to the preparation of sewer, water and recycled water improvement 1 Developer shall submit preliminary system layouts to the: District Eng review, comment and approval. 62. The following note shall be placed on the final map. “This project is approved expressed condition that building permits will not be issued for developme1 subject property unless the District serving the development h!as adequate a sewer capacity available at the time development is to occur, and that such v sewer capacity will continue to be available until time of occupancy. 63. All potable water and recycled water meters shall be placed within public right oj PC RES0 NO. 4427 -14- 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 64. No more than 19 homes shall be served on a single potable water distribution For those locations with more than 19 homes, a looped potable water pipeli~ shall be designed. Fire: 65. Provide additional public fire hydrants at intervals of 500 feet along public s private driveways. Hydrants should be located at street intersections when PO! should be positioned no closer than 100 feet from terminus of a street or drivew; 66. Applicant shall submit a site plan to the Fire Department for approval, whic 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. 67. Applicant shall submit a site plan depicting emergency access routes, drive traffic circulation for Fire Department approval. 68. 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. 69. All required water mains, fire hydrants and appurtenances shall be operation combustible building materials are located on the construction site. 70. Prior to inspection, all security gate systems controlling veh.icular access equipped with a “Knox”, key operated emergency device. Applicant shall co Fire Prevention Bureau for specifications and approvals prior to installation. 71. 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. 72. Prior to occupancy of buildings, all wildland fuel mitigation activities must be c and the condition of all vegetation within 60 feet of structures found to be in conl with an approved wildland fuel management plan. 73. The applicant shall provide a street map which conforms with the f requirements: A 400 scale photo-reduction mylar, depicting proposed improven at least two existing intersections or streets. The map shall also clearly dep centerlines, hydrant locations and street names. .... PC RES0 NO. 4427 -15- e 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 General: 74. If any of the foregoing conditions fail to occur; or if they are, by their ter implemented and maintained over time, if any of such colnditions fail implemented and maintained according to their terms, the City shall have th 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 an.d 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 b;y the City’s a1 this Tentative Tract Map. Code Reminders: 75. The Developer shall pay park-in-lieu fees to the City, prior to the approval of map as required by Chapter 20.44 of the Carlsbad Municipal Code. 76. The Developer shall pay a landscape plan check and inspection fee as required b: 20.08.050 of the Carlsbad Municipal Code. 77. 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. 9 1 -: 78. 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. 79. The Developer shall submit a street name list consistent with the City’s strc policy subject to the Planning Director’s approval prior to final malp approval. 80. 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. 8 1. Any signs proposed for this development shall at a minimum be designed in conl with the City’s Sign Ordinance and shall require review and approval of the Director prior to installation of such signs. 82. The developer shall exercise special care during the construction phase of this p prevent offsite siltation. Planting and erosion control shall be provided in act with the Carlsbad Municipal Code and the City Engineer. 83. Some improvements shown on the tentative map and/or required by these condi located offsite on property which neither the City nor the owner has sufficien interest to permit the improvements to be made without acquisition of title or The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Cod PC RES0 NO. 4427 -16- e 0 Y 3. 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 84. The tentative map approval shall expire thirty - six (36) months from the d, resolution containing the final decision for tentative map approval NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, de reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these feedt If you protest them, you must follow the protest procedure set forth in Government Cod 66020(a), and file the protest and any other required information with the City Ma processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set aside annul their imposition. 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 or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously bt a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. ... ... ... ... ... ... ... ... ... ~ PC RES0 NO. 4427 -17- 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 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 2nd day of December, 195 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, 1 Savary, and Welshons NOES: ABSENT: Commissioner Monroy ABSTAIN: *5 CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4427 -1 8-