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HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 4461I 1 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 PLANNING COMMISSION RESOLUTION NO. 4461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES PLANNING AREA C CASE NO.: CT 98-06 WHEREAS, Greystone Homes, Inc., “Developer”, has filed a application with the City of Carlsbad regarding property owned by Greystone Hon “Owner”, described as ENCINAS BETWEEN WINDROSE CIRCLE AND 1-5 IN Those portions of Lots 1 and 2 and the street between said lots as shown on Parcel Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31, 1985 as file no. 85- 033316 of official records, lying easterly of the northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11616, filed in the County Recorder of San Diego County, September 12,1986. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentat Map as shown on Exhibit(s) “A” - “EE” dated January 20, 1999, on file in the Department POINSETTIA SHORES PLANNING AREA C, CT 98-06, as provided 20 (Subdivision Ordinance) of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of Janua hold a duly noticed public hearing as prescribed by law to consider said request; and I 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 WHEREAS, at said public hearing, upon hearing and considering all tl 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 . 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 Con RECOMMENDS APPROVAL of POINSETTIA SHORES PLA AREA C, CT 98-06, based on the following findings and subject to the fi conditions: Findinm: 1. That the proposed map and the proposed design and improvement of the subdil condition, is consistent with and satisfies all requirements of the General P applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and 1 Subdivision Map Act, and will not cause serious public health problems, in that being created satisfy all minimum requirements of Title 20 governing lot si configuration and have been designed to comply with all other applical regulations. 2. That the proposed project is compatible with the surrounding future land us surrounding properties are designated for RM residential development on the Plan and the land uses called for by the approved Master Plan (RM residenti implement the City’s General Plan. 3. 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 site can accommodate the proposed res development while providing all required setbacks and other amenities requ the approved Master Plan and any other applicable City regulations. 4. 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 subdivisj 5. That the property is not subject to a contract entered into pursuant to th Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future pa natural heating or cooling opportunities in the subdivision, in that the project s PC RES0 NO. 4461 -2- 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 an area of predominantly westerly winds and has been designed to pro adequate circulation within and surrounding the proposed residential units. 7. That the Planning Commission has considered, in connection with the housing 1 by this subdivision, the housing needs of the region, and balanced those housi against the public service needs of the City and available fiscal and envirc resources. 8. That the design of the subdivision and improvements are not likely to cause su environmental damage nor substantially and avoidably injure fish or wildlife habitat, in that the project site has been previously graded and cont environmentally sensitive species or habitat. 9. That the discharge of waste from the subdivision will not result in violation of California Regional Water Quality Control Board requirements, in that the pra been designed in accordance with the Best Management Practices for water protection in accordance with the City’s sewer and drainage standards project is conditioned to comply with all applicable National Pollution Di Elimination System (NPDES) requirements. 10. The Planning Commission finds that the project, as conditioned hereir conformance with the Elements of the City’s General Plan, based on the following A. Land Use - The project is consistent with the City’s General Plan s proposed density of 5.8 ddac is within the density range of 4 - 8 ddac E for the site as indicated on the Land Use Element of the General Plan, an( below the density allowed by the Poinsettia Shores Master Plan (8 dt the project site. B. Circulation - The circulation system is designed to provide adequate a the proposed units, and complies with all applicable City design sta and all requirements of the approved Master Plan. C. Noise - The proposed residential development has been designed to in noise wall to mitigate noise impacts from the adjacent roadways : proposed units will be constructed to mitigate noise impacts to the int the units. D. Housing - That the project is consistent with the Housing Element of the Plan and the Inclusionq Housing Ordinance as the Developer has entel an Affordable Housing Agreement and purchased credits for 90 dwelli~ in the Laurel Tree housing development as affordable to lower. households. E. Parks and Recreation - The proposed project provides private recreatia in the form of private yards and provides a common recreation ar centralized location within the Master Plan. I PC RES0 NO. 4461 -3- 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 11. The project is consistent with the City-Wide Facilities and Improvements 1 applicable local facilities management plan, and all City public facility poli 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 tht 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 the 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 Eleme General Plan have been met insofar as they apply to sewer service for this B. Statutory School fees will be paid, or the obligation of the existing Agreement shall be satisfied, to ensure the availability of school faciliti Carlsbad Unified School District; C. Park-in-lieu fees are required as a condition of approval; D. All necessary public improvements have been provided or are reql conditions of approval; and E. The developer has agreed and is required by the inclusion of an apy condition to pay a public facilities fee. Perfonnance of that contract and 1 of the fee will enable this body to find that public facilities will be 2 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 ad requirements established by a Local Facilities Management Plan prepared pur! Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availa 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 pa Local Facilities Management Plan for Zone 9. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions u approval of this proposed major subdivision must be met prior to approval of a final map. 1. Staff is authorized and directed to make, or require the Developer to make, all cor and modifications to the Tentative Tract Map documents necessary to mak internally consistent and in conformity with final action on the project. Devel shall occur substantially as shown in the approved Exhibits. Any proposed devel different from this approval shall require an amendment to this approval. ~ PC RES0 NO. 4461 -4- 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 2. The Developer shall comply with all applicable provisions of federal, state, i ordinances in effect at the time of building permit issuance. 3. 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 impr plan submittal, whichever occurs first. 4. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving resolution(s) on a 24" x 36" blueline Said blueline drawing(s) shall also include a copy of any applicable Coastal Dew Permit and signed approved site plan. 5. The final map shall not be approved unless the City Council finds as of the timt approval that sewer service is available to serve the subdivision. 6. Building permits will not be issued for development of the subject property LU District Engineer determines that sewer facilities are available at the time of apl for such sewer permits and will continue to be available until time of occupancy. to this effect shall be placed on the final map. 7. 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 I and Improvement Plan and to fulfill the subdivider's agreement to pay thl facilities fee dated February 27,1998, a copy of whch is on file with the City C is 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. 8. This project shall comply with all conditions and mitigation measures which are as part of the Zone 9 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 rei housing project are challenged this approval shall be suspended as pro\ 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 wit1 condition complies with all requirements of law. 10. Approval of CT 98-06 is granted subject to the approval of CP 98-05, CDP 98- HDP 98-40. CT 98-06 is subject to all conditions contained in Planning Corn Resolutions No. 4462,4463, and 4464 for CP 98-05, CDP 98-27, and HDP 98-L PC RES0 NO. 4461 -5- 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 11. The Developer shall establish a homeowner's association and corresponding cc 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 recorded copy of th 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, bu1 obligation, to enforce those Protective Covenants set forth in this Decla favor of, or in which the City has an interest. B. Failure of Association to Maintain Common Area Lots and Easements event that the Association fails to maintain the "Cornmon Area Lots a1 Association's Easements" as provided in Article Y , the City shall have the right, but not the duty, to per: necessary maintenance. If the City elects to perform such maintenance, shall give written notice to the Association, with a copy thereof to the C the Project, setting forth with particularity the maintenance which the CitJ be required and requesting the same be carried out by the Association period of thirty (30) days from the giving of such notice. In the event Association fails to carry out such maintenance of the Common Area Lo Association's Easements within the period specified by the City's notice, shall be entitled to cause such work to be completed and shall be er reimbursement with respect thereto from 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 Asso Easements, the City shall submit a written invoice to the Association for incurred by the City to perform such maintenance of the Common Area 1 or Association's Easements. The City shall provide a copy of such in 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 Sectic invoice shall be due and payable by the Association within twenty (20) receipt by the Association. If the Association shall fail to pay such invoic within the period specified, payment shall be deemed delinquent and subject to a late charge in an amount equal to six percent (6%) of the ar the invoice. Thereafter the City may pursue collection from the Associ means of any remedies available at law or in equity. Without limi generality of the foregoing, in addition to all other rights and remedies a to the City, the City may levy a special assessment against the Owners oft in the Project for an equal prorata share of the invoice, plus the late charg 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 C the Project hereby vests the City with the right and power to levy such assessment, to impose a lien upon their respective Lot and to bring i actions and/or to pursue lien foreclosure procedures against any Ow PC RES0 NO. 4461 -6- 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 hisker respective Lot for purposes of collecting such special asses: accordance with the procedures set forth in Article of this Decl D. A statement to the effect that no enclosed or unenclosed additions allowed at any time by any owners, successors in interest, and/or oc except for the allowance shown on the approved “Balcony/Deck, Trel Cover Exhibit.” E. Maintenance responsibilities for the common open space lots maintained by the Master Homeowners Association or the Planning Homeowners association) and for the exclusive use areas (to be ma by the owners of duplex lots and/or individual unit owners) sha delineated on the approved “Maintenance Responsibilities” exhibit, information shall also be shown on the detailed landscape plan project. The Condominium Plan (filed with the Department of Rea: shall be in conformance with the “Maintenance Responsibilities” exhi 12. Prior to the issuance of the building permit, Developer shall submit to the City of Restriction to be filed in the office of the County Recorder, subject to the sat of the Planning Director, notifying all interested parties and successors in interes City of Carlsbad has issued a Tentative Tract Map, Condominium Permit, Development Permit, and Hillside Development Permit by Resolutions N 4462, 4463, and 4464 on the real property owned by the Developer. Said P. Restriction shall note the property description, location of the file containing c project details and all conditions of approval as well as any conditions or res specified for inclusion in the Notice of Restriction. The Planning Director authority to execute and record an amendment to the notice which modifies or tc said notice upon a showing of good cause by the Developer or successor in intere! 13. No outdoor storage of materials shall occur onsite unless required by the Fire C such instance a storage plan will be submitted for approval by the Fire Chief Planning Director. 14. The Developer shall prepare a detailed landscape and irrigation plan in conforma the approved Preliminary Landscape Plan and the City’s Landscape Manual. T shall be submitted to and approval obtained from the Planning Director pric approval of the final map, grading permit, or building permit, whichever occurs fi Developer shall construct and install all landscaping as shown on the approved pl maintain all landscaping in a healthy and thriving condition, free from weeds, tr debris. 15. The first submittal of detailed landscape and irrigation plans shall be accompanie project’s building, improvement, and grading plans. 16. Building identification and/or addresses shall be placed on all new and existing b so as to be plainly visible from the street or access road; color of identificatio~ addresses shall contrast to their background color. PC RES0 NO. 4461 -7- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. The Developer shall display a current Zoning and Land Use Map in the sales ofl times, or suitable alternative to the satisfaction of the Planning Director. In addi sales office shall prominently display the approved “Balcony/Deck, Trel Cover Exhibit.” 18. 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. 19. This project is being approved as a condominium permit for residential home o purposes. If any of the units in the project are rented, the minimum time incre such rental shall be not less than 26 days. The CC&Rs for the project shall inc requirement. 20. 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. 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 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 Attl 22. Prior to the granting of occupancy for the first dwelling unit in this planni (Planning Area C) the construction of the onsite pedestrian trail located o shall be completed. 23. The Developer shall provide proof of payment of statutory school fees or I compliance with the School Funding and Mitigation Agreement as signed Carlsbad Unified School District and Kaiza Poinsettia Corporation dated 29, 1994 to mitigate conditions of overcrowding as part of the building application. The amount of these fees shall be determined by the fee schedule in the time of building permit application, unless the signed School Agree adequately mitigating school facilities impacts. 24. In accordance with the “Indoor and Outdoor Noise Analysis for Poinsettii (Planning Area C)” revised February 15, 1998 prepared by Mestre Associates, prior to occupancy of any of the dwelling units, the develop construct noise barrier walls not to exceed 6’ (exposed) in height as sh Exhibits “BB” - “CC” dated January 20,1999. 25. All project retaining walls, fence walls, fences, and project entry gates shall be and constructed as shown on Exhibits “BB” - “EE” dated January 20,1999. ... ... PC RES0 NO. 4461 -8- 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 26. 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 : w within Open Space Lot 40. 27. The Planning Commission has reviewed each of the exactions imposed on the I: 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 exter degree of the exaction is in rough proportionality to the impact caused by the pro 28. A qualified paleontologist and archeologist shall be present at a pre-grading c( with the developer, grading contractor, City engineering and planning staff. Thc of this meeting will be to consult and coordinate the role of the paleontolc archeologist in the grading of the subject site. A qualified paleontolc archaeologist are individuals with adequate knowledge and experience with fossi archeological remains likely to be present to identify them in the field and are ac experienced to remove the resources for further study. No grading permits shall 1 until the monitoring plan has been approved by the Planning Director. 29. The paleontologist and archeologist monitors shall be present during gr; determined at the pre-grading conference. The monitors shall have aut1 temporarily direct, divert or halt grading to allow adequate recovery of any remains, artifacts or resources. At the discretion of the monitor, recovery ma! washing and picking of soil samples for micro-vertebrate bone and teeth. As re in the “Archaeological Excavations of Cultural Resources at the Batiquitos PC Batequitos Bluff Projects” report dated September 10, 1985 by Brian Smith, spr shall be given to the grading and monitoring of site W-95. The developer shall i the deposit of any resources found on the project site in an institution staffed by professionals as may be determined by the Planning Director. The contractor aware of the random nature of fossil and artifact occurrences and the possibj discovery of resources of such scientific and/or educational importance whic warrant a long term salvage operation or preservation. Any conflicts regarding tl, the paleontologist and archaeological monitors and/or recovery times shall be res the Planning Director. 30. If any resources are recovered, paleontological and/or archaeological monitorin: shall be submitted to the Planning Director prior to occupancy of any buil certification of the pads by the City’s Engineering Department. This report shall all the materials recovered, assess their significance, and provide a tabulatio number of hours spent the monitors on the site. EnEineerinc: 31. Prior to issuance of any building permit, the developer shall comply - requirements of the City’s anti-graffiti program for wall treatments if and whe program is formerly established by the City. PC RES0 NO. 4461 -9- 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 32. There shall be one final subdivision map recorded for this project. 33. 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 1 Planning Commission or City Engineer which has been brought against the Cil the time period provided for by Section 66499.37 of the Subdivision Map Act. 34. The developer shall provide an acceptable means for maintaining the private e; within the subdivision and all the private: streets, sidewalks, street lights, st01 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. 35. 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 36. 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 I 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. Rain gutters must be provided to convey roof drainage to an approved drainage c street to the satisfaction of the City Engineer. 38. The developer shall install sight distance corridors at all street intersections in acc with Engineering Standards and shall record the following statement on the Fil (and in the CC&Rs): "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches a1 street level may be placed or permitted to encroach within the area identified a distance corridor in accordance with City Standard Public Street-Design Criteria, 8.B.3. The underlying property owner shall maintain this condition." Fees/Acreements 39. The developer shall pay all current fees and deposits required. 40. The owner shall execute a hold harmless agreement for geologic failure. 41. Prior to approval of any grading or building permits for this project, the owner sf written consent to the annexation of the area shown within the boundaries subdivision plan into the existing City of Carlsbad Street Lighting and Lanc PC RES0 NO. 4461 -10- 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 District No. 1 on a form provided by the City. Gradinc 42. Based upon a review of the proposed grading and the grading quantities show 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 standard issuance of a building permit for the project.) 43. No grading for private improvements shall occw outside the limits of the sul 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 develc either amend the tentative map or modify the plans so grading will not occur OL project site in a manner which substantially conforms to the approved tentativc determined by the City Engineer and Planning Director. Dedicationsnmprovements 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 rec the City Engineer. 45. The owner shall make an offer of dedication to the City for all public str easements required by these conditions or shown on the tentative map. The offex made by a certificate on the final map for this project. All land so offered shall bc to the City free and clear of all liens and encumbrances and without cost to 1 Streets that are already public are not required to be rededicated. 46, The owner shall grant a covenant of easement for general access, utilities and ( easement as shown on the tentative map. The covenant of easement shall also access to adjacent property (APN 216-140-39 "Lamb property") as show) tentative map. The covenant of easement shall be shown and recording informatic out on the final map. 47. The developer shall comply with the City's requirements of the National 1 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 C to sensitive areas. Plans for such improvements shall be approved by the City E Said plans shall include but not be limited to notifying prospective owners and tt the following: I A. All owners and tenants shall coordinate efforts to establish or w established disposal programs to remove and properly dispose of 1 hazardous waste products. PC RES0 NO. 4461 -1 1- 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 B. Toxic chemicals or hydrocarbon compounds such as gasoline, n antifreeze, solvents, paints, paint thinners, wood preservatives, i such fluids shall not be discharged into any street, public or privat storm drain or storm water conveyance systems. Use and di: pesticides, fungicides, herbicides, insecticides, fertilizers and of chemical treatments shall meet Federal, State, County a requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduc pollutants when planning any changes to the landscaping an( improvements. 48. 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 improvemer The private street system as shown on the tentative map. 0 The sewer, water and reclaimed water systems as required by the Municipal Water District. The (2) gated entrances to this project. The public trail system and required improvements adjacent to and a! with development of this planning area. 0 Improve any transition and/or damages to Windrose Cir Navigator Circle directly fronting Parcel C as a direct result 01 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 agreement. 49. The design of all private streets and drainage systems shall be approved by Engineer, The structural section of all private streets shall conform to City of Standards based on R-value tests. All private streets and drainage systems inspected by the City. The standard improvement plan check and inspection fees paid prior to approval of the final map for this project. Final Map Notes 50. Note(s) to the following effect(s) shall be placed on the final map as non-mappin1 A. All improvements within the boundaries of this subdivi! PC RES0 NO. 4461 -12- 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 privately owned and are to be privately maintained with the excel 1. Sewer and Water main lines within the easements granted to the City or to the ( Municipal Water District. B. No structure, fence, wall, tree, shrub, sign, or other object over Z above the street level may be placed or permitted to encroach M area identified as a sight distance corridor in accordance M Standard Public Street-Design Criteria, Section 8.B.3. The UI property owner shall maintain this condition. C. Building permits will not be issued for development of thc property unless the District Engineer determines that sewer faci available. D. Access to adjacent property (APN 216-140-39) is provid covenant of easement through this subdivision. Water: 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 any meter installation. 52. The Developer shall provide detailed information to the District Engineer regard: demand, irrigation demand, fire flow demand in gallons per minute, and project flow in million gallons per day. 53. 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. 54. All District pipelines, pump stations, pressure reducing stations and appu required for this project by the District shall be within public right-of-way ( easements granted to the District or the City of Carlsbad. 55. Sequentially, the Developer’s Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requiren B. Prepare and submit a colored recycled water use area map and submit th the Planning Department for processing and approval by the District Eng PC RES0 NO. 4461 -13- 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 C. Prior to the preparation of sewer, water and recycled water improveme the Developer shall submit preliminary system layouts to the District Eni review, comment and approval. 56. 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 has adequate v sewer capacity available at the time development is to occur, and that such c sewer capacity will continue to be available until time of occupancy.” 57. All potable water and recycled water meters shall be placed within public right ol 58. 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 pipelin shall be designed. Fire: 59. Provide additional public fire hydrants at intervals of 500 feet along public strec private driveways. Hydrants should be located at street inter sections when pos, should be positioned no closer than 100 feet from terminus of a street or dnvewa- General Condition: 60. 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 tl implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or fwther condition issuar: future building permits; deny, revoke or further condition all certificates of o( issued under 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 map. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not lj the following: 61. The developer shall exercise special care during the construction phase of this F prevent offsite siltation. Planting and erosion control shall be provided in acl with the Carlsbad Municipal Code and the City Engineer. PC RES0 NO. 4461 -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 62. The tentative tract map approval shall expire twenty-four (24) months from th the City Council Resolution containing the final decision for tentative tr approval. 63. 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. 64. All roof appurtenances, including air conditioners, shall be architecturally integ concealed from view and the sound buffered from adjacent properties and s substance as provided in Building Department Policy No. 80-6, to the satisfacti Directors of Community Development and Planning. 65. Developer shall apply for and obtain Fire Department evaluation of the building conformance with applicable fire and safety requirements of the state and local i prior to the issuance of building codes. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dec reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exac 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 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 bc a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. ... ... .. . II ”* 28 PC RES0 NO. 4461 - 15- 4 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 20th day of January 199 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Nielsen, Savary, and Welshons NOES: ABSENT: Commissioner L'Heureux ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: I."&, MICHAEL J. HOLZMIL~R Planning Director PC RES0 NO. 4461 -16-