HomeMy WebLinkAbout1999-02-17; Planning Commission; Resolution 44560 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. 4456
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT MAP REVISION TO SUBDIVIDE 7.5
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF HIDDEN VALLEY ROAD AND PLUM TREE
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20
CASE NAME: PARKSIDE
CASE NO.: CT 92-0203)
WHEREAS, Shea Homes Land Holdings LLC, “Developer”, ha!
verified application with the City of Carlsbad regarding property owned by Shea Hon
Holdings LLC, “Owner”, described as
ACRES INTO 48 SINGLE-FAMILY RESIDENTIAL UNITS ON
Lot 141 of CT 92-02, City of Carlsbad, San Diego County, State of
California, according to Map No. 13378, filed in the office of the
County Recorder, December 9,1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
Map Revision as shown on Exhibit(s) “A” -“Z“ dated January 20,1999, on file in the
Department PARKSIDE, CT 92-02(B), as provided by Title 20 of the Carlsbad h
Code; and
WHEREAS, the Planning Commission did, on the 20th day of January
on the 17th day of February, 1999, hold a duly noticed public hearing as prescribed I
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of persons desiring to be heard, said Commission considered a:
relating to the Tentative Tract Map.
t II 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, on March 15, 1994 the City Council approved CT 92-0
October 1, 1996, the City Council approved CT 92-02(A), as described and condi
Planning Commission Resolution No. 3977.
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 COI
APPROVES PARKSIDE, CT 92-02(B), based on the following finc
subject to the following conditions:
Findinm: -
1. That the proposed map and the proposed design and improvement of the subdj
condition, is consistent with and satisfies all requirements of the General 1
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in
project will help meet the housing needs and requirements of the commun
project is consistent with all City policies and standards and the require
Specific Plan 203(A). The City Council approved the specific plan and r
finding that the plan implements the General Plan and is consistent with t
objectives, and policies of the General Plan. The specific plan provide5
following: 1) the provision of the necessary circulation element roadvr
improvements (Aviara Parkway, Hidden Valley Road and Poinsettia Lam
protection and enhancement of the native habitat areas; (3) the provis
affordable housing; (4) compliance with the Local Facilities Management P:
20 for public facilities and services, including utility infrastructure (sewc
and drainage), open space, a park and a school; and 5) implementatio
mitigation, monitoring, and reporting program for the SP 203(A) Program 1
2. That the proposed project is compatible with the surrounding future land us(
General Plan, in that the overall planned development, including this PI
developed at a density consistent with the General Plan and the proposed rc
land use is compatible in scale, architecture, and building materials with tht
single-family residential development to the east. Hidden Valley Road I
and buffers the project from Poinsettia Community Park and Plum Tr
separates and buffers the project from the designated community facility s
north.
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 tlr
proposed, in that the project complies with all City policies and standards i
the Planned Development Ordinance, the RD-M Zone, and Specific Plan
without the need for variances from development standards.
PC RES0 NO. 4456 -2-
/ 0 e
1
2
3
4
5
6
7
8
9
4. That the design of the subdivision or the type of improvements will not conj
easements of record or easements established by court judgment, or acquire
public at large, for access through or use of property within the proposed subdi.
that the project has been designed and structured such that there are no
with existing easements.
5. That the property is not subject to a contract entered into pursuant to t:
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future pi
natural heating or cooling opportunities in the subdivision, in that the site plan 1
I for a variety of building placement alternatives, including the adequate sek
of the homes, in combination with the proposed variety of model plans
dominate westerly windholar radiation patterns, will allow utilization of
heating and cooling opportunities. I
I lo 7. That the Planning Cornmission has considered, in connection with the housing I
against the public service needs of the City and available fiscal and envirc 11 by this subdivision, the housing needs of the region, and balanced those housiI
12 resources.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~
~
8. That the design of the subdivision and improvements are not likely to cause sul
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project is subject to all applicable mitigation measures r
by the Mitigation Monitoring and Reporting Program certified with Final P
EIR 90-03 and the Mitigated Negative Declaration for CT 92-02, as conta
Planning Commission Resolutions No. 3591 and 3590.
9. That the discharge of waste fiom the subdivision will not result in violation of 1
California Regional Water Quality Control Board requirements, in that the d!
requirements of SP 203(A), City ordinances and standards, the Mello I1 Segl
the Local Coastal Program and Best Management Practices for water quali
been considered and appropriate drainage facilities have been designed as sh
the project’s exhibits. The project is conditioned to comply with all apl
National Pollution Discharge Elimination System requirements.
10. The project is consistent with the City-Wide Facilities and Improvements PI
applicable local facilities management plan, and all City public facility polic
ordinances since:
A. The project has been conditioned to ensure that the final map will not be a1
unless the City Council finds that sewer service is available to serve the
In addition, the project is conditioned such that a note shall be placed on t
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cannc
within the project unless sewer service remains available, and the :
Engineer is satisfied that the requirements of the Public Facilities Elemen
General Plan have been met insofar as they apply to sewer service for this 1
PC RES0 NO. 4456 -3-
I II 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
B. The project has been conditioned to provide proof from the Carlsbac
School District that the project has satisfied its obligation for school facil
C. Park-in-lieu fees are required by Chapter 20.44 of the Carlsbad N
Code.
D. All necessary public improvements have been provided or are re(
conditions of approval.
E. The developer has agreed and is required by the inclusion of an ay
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
11. 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.
12. This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 20.
13. The Planning Commission has reviewed each of the exactions imposed on the P
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the proj
14. That the Planning Director has determined that the project is exempt f
requirements of the California Environmental Quality Act (CEQA) per Section :
the state CEQA Guidelines and will not have any adverse significant impac
environment.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions
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 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. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval. CT !
entitled “Parkside” revises a portion of CT 92-02(A), therefore, all other co
and the approval of said prior permits contained in Planning Con
Resolutions No 3591 and 3977 as amended to date, and not amended by thir
remain in full force and effect.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
PC RES0 NO. 4456 -4-
‘
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
e 0
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 Tental
shall reflect the conditions of approval by the City. The Map copy shall be sub
the City Engineer and approved prior to building, grading, final map, or imp
plan submittal, whichever occurs first.
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 Devl
Permit and signed approved site plan.
5. 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 devl
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad R
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay tk
facilities fee dated November 24, 1998, a copy of which is on file with the C
and is incorporated by this reference. If the fees are not paid, this application w,
consistent with the General Plan and approval for this project will be void.
6. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 20 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
7. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro’
Government Code Section 66020. If any such condition is determined to be im
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of laws.
8. Prior to approval of the final map the developer shall submit a “Trellis/Pati
Plan” subject to the approval of the Planning Director.
9. Approval of CT 92-02@) is granted subject to the approval of PUD 92-03(B), I
06(C), and CDP 99-05. CT 92-02(B) is subject to all findings and conditions c
in Planning Commission Resolutions No. 4457, 4458, and 4486 for PUD 9
SDP 92-06(C), and CDP 99-05.
10. Prior to the issuance of building permits, the developer shall provide proof to the
from the School District that this project has satisfied its obligation to providt
facilities.
11. The Developer shall establish a homeowners’ association and corresponding co
conditions and restrictions. Said CC&Rs shall be submitted to and approvec
Planning Director prior to final map approval. Prior to issuance of a building pe
Developer shall provide the Planning Department with a recorded copy of the
CC&Rs that have been approved by the Department of Real Estate and the I
Director. At a minimum, the CC&Rs shall contain the following provisions:
~ PC RES0 NO. 4456 -5-
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
A. General Enforcement by the City. The City shall have the right, bu
obligation, to enforce those Protective Covenants set forth in this Declaration in
or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements
event that the Association fails to maintain the “Common Area Lots ar
Association’s Easements” as provided in Article , Section
City shall have the right, but not the duty, to perform the necessary maintenanc
City elects to perform such maintenance, the City shall give written notic
Association, with a copy thereof to the Owners in the Project, setting fc
particularity the maintenance which the City finds to be required and requesting
be carried out by the Association within a period of thirty (30) days from the
such notice. In the event that the Association fails to carry out such maintenan
Common Area Lots and/or Association’s Easements within the period specific
City’s notice, the City shall be entitled to cause such work to be completed and
entitled to reimbursement with respect thereto from the Owners as provided herei
C. Special Assessments Levied by the City. In the event the City has perfo
necessary maintenance to either Common Area Lots and/or Association’s Easerr
City shall submit a written invoice to the Association for all costs incurred by th
perform such maintenance of the Common Area Lots and or Association’s Ea
The City shall provide a copy of such invoice to each Owner in the Project, toge‘
a statement that if the Association fails to pay such invoice in full within
specified, the City will pursue collection against the Owners in the Project pursui
provisions of this Section. Said invoice shall be due and payable by the As,
within twenty (20) days of receipt by the Association. If the Association shall fi
such invoice in full withm the period specified, payment shall be deemed delinq
shall be subject to a late charge in an amount equal to six percent (6%) of the a]
the invoice. Thereafter the City may pursue collection from the Association by 1
any remedies available at law or in equity. Without limiting the generalit
foregoing, in addition to all other rights and remedies available to the City, the (
levy a special assessment against the Owners of each Lot in the Project for
prorata share of the invoice, plus the late charge. Such special assessment shall c
a charge on the land and shall be a continuing lien upon each Lot against w
special assessment is levied. Each Owner in the Project hereby vests the City
right and power to levy such special assessment, to impose a lien upon their re
Lot and to bring all legal actions and/or to pursue lien foreclosure procedures ag:
Owner and hisher respective Lot for purposes of collecting such special asses;
accordance with the procedures set forth in Article of this Declaration.
D. A statement to the effect that no enclosed or unenclosed additions
allowed at any time by any owners, successors in interest, and/or occupant2
for the allowance shown on the approved “Trellis/Patio Cover Plan”.
E. Maintenance responsibilities for the common areas (to be maintainec
homeowners association) and for the exclusive use areas (to be maintainec
individual airspace unit owner) shall be as delineated on the a:
“Maintenance Responsibilities” Exhibits “YY” dated February 17, 1995
I information shall also be shown on the detailed landscape plan and the final
~ PC RES0 NO. 4456 -6-
II II 8 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
plan for this project. Prior to the issuance of building permits, the applicr
submit a recorded copy of the Condominium Plan (filed with the C
Department of Real Estate) which must indicate that ownership and mail
responsibilities are in conformance with the “Maintenance Responsibilities!
and all approved City exhibits.
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 sa’
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Tentative Tract Map, Planned Development Per
Site Development Permit by Resolutions No. 4456,4457, and 4458 on the real
owned by the Developer. Said Notice of Restriction shall note the property de;
location of the file containing complete project details and all conditions of ap:
well as any conditions or restrictions specified for inclusion in the Notice of Re
The Planning Director has the authority to execute and record an amendment to t
which modifies or terminates said notice upon a showing of good cause by the I:
or successor in interest.
13. Prior to approval of the final map or issuance of building permits, whichevc
first, the Developer shall create a mechanism to notify, to the satisfactio
Planning Director, all future owners, uses, and tenants of this projec
designated community facility site is located on Lot 140 to the north of thc
site. Disclosure to this effect shall also be included in the project’s CC&Rs.
14. Prior to the recordation of the final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
is subject to overflight, sight and sound of aircraft operating from McClellan
Airport, in a form meeting the approval of the Planning Director and the City
(see Noise Form #2 on file in the Planning Department).
15. 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 signs
approved by the Planning Director (see Noise Form #3 on file in the
Department).
16. 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 prim
approval of the final map, grading permit, or building permit, whichever occurs i
Developer shall construct and install all landscaping as shown on the approved I:
maintain all landscaping in a healthy and thriving condition, free from weeds, t
debris.
17. The first submittal of detailed landscape and irrigation plans shall be accompani
project’s building, improvement, and grading plans.
18. Building identification and/or addresses shall be placed on all new and existing
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
PC RES0 NO. 4456 -7-
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 e
19. The Developer shall display a current Zoning and Land Use Map in the sales oA
times, or suitable alternative to the satisfaction of the Planning Director. In addi
sales office shall prominently display the approved “Trellis/Patio Cove
Prior to the issuance of a certificate of occupancy for any units, an inspect
be made by Planning Department staff to ensure compliance with this cc
During the course of subsequent final inspections and occupancy approva:
Planning Department, random monitoring and periodic inspections of I
office shall be made by Planning Department staff to ensure continued COI
with this condition. If the sales office is found to be not in compliance 1
condition at any time, certificate of occupancy approvals shall be suspende
Planning Director until compliance is achieved to the satisfaction of the 1
Director.
20. The project is being approved as a condominium permit for residential homeo
purposes. If any of the units in the project are rented, the minimum time incrt
such rental shall be not less than 26 days. The CC&Rs for the project shall in(
requirement.
2 1. All sales maps that are distributed or made available to the public shall include k
limited to trails, future and existing schools, parks and streets.
22. The Developer shall implement and comply with all applicable mitigation I
required by the Mitigation Monitoring and Reporting Program certified w
Program EIR 90-03 and the Mitigated Negative Declaration for CT 9
contained in Planning Commission Resolutions No. 3591 and 3590.
23. Prior to building permit issuance, the Developer shall construct a stairwr
for residents (if feasible) from the east end of B Street connecting to the exis
at the southeast corner of the project. This access shall be in compliance w
requirements if such compliance is required.
Engineering:
24. There shall be one final subdivision map recorded for this project.
25. The developer shall provide an acceptable means for maintaining the private e
within the subdivision and all the private: streets, sidewalks, street lights, stc
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties m
subdivision. Adequate provision for such maintenance shall be included with thl
subject to the approval of the City Engineer.
26. All concrete terrace drains shall be maintained by the homeowner’s associal
appropriately worded statement clearly identifying the responsibility shall be
the CC&Rs and on the Final Map.
27. The developer shall defend, indemnify and hold harmless the City and its agents
and employees from any claim, action or proceeding against the City or il
PC RES0 NO. 4456 -8-
II * 0
1
2
3
4
5
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 Cil
the time period provided for by Section 66499.37 of the Subdivision Map Act.
28. Prior to hauling dirt or construction materials to or from any proposed 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 condi
requirements the City Engineer may impose with regards to the hauling operatior
6 11
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29. The developer shall install sight distance corridors at all street intersections in ac
with Engineers in Standards and shall record the following statements on the F
(and in the CC&Rs):
A) No structure, fence, wall, tree, shrub, sign, or other object over 30 inch
the street level may be placed or permitted to encroach with the area ide:
a sight distance corridor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall mair
condition.
B) Mature vegetation within the sight line area of all intersections shall be n
than 30" in height or have a canopy no less than 8' in height.
FeedAPreements
30. The developer shall pay all current fees and deposits required.
3 1. Prior to approval of any grading or building permits for this project, the owner E
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
Grading
32. 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 mu
and receive approval for grading plans in accordance with City Codes and Stand:
Dedications/Imr,rovements
33. The owner shall make an offer of dedication to the City for all public easementh
by these conditions or shown on the tentative map. The offer shall be m
certificate on the final map for this project. All land so offered shall be granl
City free and clear of all liens and encumbrances and without cost to the City.
34. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro.
management practices as referenced in the "California Storm Water Best Ma:
Practices Handbook" to reduce surface pollutants to an acceptable level prior to
to sensitive areas. Plans for such improvements shall be approved by the City 11 PC RES0 NO. 4456 -9-
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
Said plans shall include but not be limited to notifLing prospective owners and t
the following:
A) All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of t
hazardous waste products.
B) Toxic chemicals or hydrocarbon compounds such as gasoline, IT
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their r
containers.
C) Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvements
35. 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 fee:
paid prior to approval of the final map.
Final Mar, Notes
36. Notes to the following effects shall be placed on the final map as non-mapping da1
A) All improvements are private and are to be privately maintained
exception of the following:
1. Sewer lines within publicly dedicated easements
2. Water lines within publicly dedicated easements
3. The storm drain located in the public easement within the sou
most proposed private street per Map No. 13378.
B) No structure, fence, wall, tree, shrub, sign, or other object over 30 inck
the street level may be placed or permitted to encroach within the area :
as a sight distance corridor in accordance with City Standard Public Strec
Criteria, Section 8.B.3. The underlying property owner shall main
condition.
C) Mature vegetation within the sight line area of all intersections shall be n
than 30” in height or have a canopy no less than 8’ in height.
D) A note shall be placed on the final map that this project is approve
air space condominium units.
. ..
PC RES0 NO. 4456 -10-
II a 0
1 Fire:
2 37. Public fire hydrants, shall be provided at intervals of 500 feet along public stree
intersections when possible, but should be positioned no closer than 100 f
3
terminus of a street of driveway. 4
private driveways for all single-family development. Hydrants should be locatec
5 /I Water:
6 38. The Developer shall be responsible for all fees, deposits and charges whicf
County Water Authority capacity charge will be collected at issuance of applic
7
any meter installation. 8
collected before andor at the time of issuance of the building permit. The Si
9
10
11
12
13
39. 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.
40. All District pipelines and appurtenances required for this project by the Districl
within public right-of-way or within easements granted to the District or thc
Carlsbad.
14
A. Meet with the City Fire Marshal and establish the fire protection requirelr 15
41. Sequentially, the Developer’s Engineer shall do the following:
16
17
18
19
20
21
22
23
24
25
26
27
28
B. Prepare and submit a colored recycled water use area map and submit thi
the Planning Department for processing and approval by the District Engi
C. Prior to the preparation of sewer, water and recycled water improveme
the Developer shall submit preliminary system layouts to the District En€
review, comment an approval.
42. The following note shall be placed on the final map. “This project is approved
express condition that building permits will not be issued for development of th
property unless the entity serving the development has adequate water and seweI
available at the time development is to occur, and that such water and sewer cap,
continue to be available until time of occupancy.”
43. All potable water and recycled water meters shall be placed within public right o
44. The looped potable water system shall connect to the existing potable pipelint
375 H.G.L. pressure zone. The loop shall include a minimum of one (1) c(
within Plum Tree Road and a minimum of one (1) connection within Hiddc
Road.
45. All water meters, irrigation meters and sewer cleanouts shall be located at edg
right-of-way and outside driveways. ]I PC RES0 NO. 4456 -1 1-
II 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
46. All Home Owner Association maintained areas shall be irrigated using reclaim1
Irrigation meters shall be located within the Hidden Valley Road right-of
connection to reclaimed water mains.
47. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City :
and/or Carlsbad Municipal Water District Standards, the developer shall i
agree to install and secure with appropriate security as provided by law, imprc
shown on the tentative map, in accordance with the following:
Sewer lines (within the proposed 52’ Public Utility and Access easement)
Water lines (within the proposed 52’ Public Utility and Access easement:
Water line (from the terminus of the proposed water line at the wester1
Private Street “B” to Hidden Valley Road
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.
48. A 20’ public water line easement shall be dedicated by separate instrument
westerly terminus of the proposed 52’ Public Utility and Access easement (a
Street “B”), west to the public right of way of Hidden Valley Road.
General
49. If any of the foregoing conditions fail to occur; or if they are, by their terr
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or fwther condition issual
future building permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute
to 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 ap
this tentative tract map.
Code Reminders:
50. 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.
5 1. The Developer shall pay a landscape plan check and inspection fee as required b
20.08.050 of the Carlsbad Municipal Code.
52. The following note shall be placed on the Final Map: “Prior to issuance of a
permit for any buildable lot within the subdivision, the Developer shall pay a
special development tax in accordance with the City Council Resolution No. 91-
PC RES0 NO. 4456 -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
53. 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.
54. Prior to occupancy of the first dwelling unit the Developer shall provide all
passive recreational areas per the approved plans, including landscaping and rec
facilities.
55. 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.
56. Any signs proposed for this development shall at a minimum be designed in con
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
57. The developer shall exercise special care during the construction phase of this I
prevent off-site siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
58. All required water mains, fire hydrants and appurtenances shall be operation,
combustible building materials are located on the construction site.
59. Prior to building occupancy, private roads and driveways which serve as requirc
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of section 17.04.020 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, de(
reservations, or other exactions hereafter collectively referred to for convenl
“fees/exactions.”
You have 90 days from February 17,1999 to protest imposition of these feedexaction
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mal
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
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 bc
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
I 1 ...
PC RES0 NO. 4456 -13-
.e 0
1
2
3
4
5
6
7
8
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 17th day of February 19s
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Savary, and Welshons
NOES:
ABSENT: Commissioners L'Heureux
9 ABSTAIN:
,'"."*,
10 (L[ 11 4f 1; 4T Q /
COURTNEY . , Chairperson l2 CARLSBAD PLANNING COMMISSION
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
IJ
MICHAEL J. HOL&ILLER
Planning Director
11 PC RES0 NO. 4456 -14-