HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 4461I
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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
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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
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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-
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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.
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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
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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
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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.
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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.
...
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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.
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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
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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.
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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!
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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
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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.
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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.
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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
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