HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 44720 *
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. 4472
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 18.2 ACRES INTO 26 LOTS CONTAINING 61
SINGLE FAMILY AIR SPACE CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF AVIARA PARKWAY AND BLACK RAIL ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.: CT 97-20
WHEREAS, Brehm - Aviara Development Associates, L.P, “Develo]
filed a verified application with the City of Carlsbad regarding property owned by 1
Aviara Development Associates, L.P, “Owner”, described as
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-20 TO
Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase 111,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentati
Map as shown on Exhibits “A” - “W“ dated March 17, 1999, on file in the
Department CRISTALLA - AVIARA PA 23 - CT 97-20, as provided by Title 2
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of Februa
and on the 17th day of March, 1999, hold a duly noticed public hearing as prescribed 1
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Tentative Tract Map.
0 0
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the
2
3
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
A 11
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) That based on the evidence presented at the public hearing, the Co:
20, based on the following findings and subject to the following conditio-
RECOMMENDS APPROVAL of CRISTALLA - AVIARA PA 23
Findings:
1. That the proposed map and the proposed design and improvement of the subdi
condition, is consistent with and satisfies all requirements of the General I
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in
subdivision meets all standards and criteria contained in the Aviara Mas
and the applicable portions of the Zoning Ordinance, and will provide all a
infrastructure to serve the development.
2. That the proposed project is compatible with the surrounding existing and fu
uses since surrounding properties are designated for residential developmer
General Plan, in that the adjacent properties are, or will be developed, in acc
with their residential General Plan land use designations, at densities equ
lower than the proposed development.
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 thl
proposed, in that the proposed density of the single-family subdivision is wi
RM density and the proposed development complies with all City Standards
the need for variances or exceptions.
4. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subdi7
that the proposal provides for access to all properties and does not conflict I
existing or proposed easements.
5. That the property is not subject to a contract entered into pursuant to tl
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future pi
natural heating or cooling opportunities in the subdivision, in that the p
predominant building orientation is to the south in order to capture a
natural heating as possible.
1 PC RESONO. 4472 -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
I
I
I
7. That the Planning Commission has considered, in connection with the housing
by this subdivision, the housing needs of the region, and balanced those hous:
against the public service needs of the City and available fiscal and envir
resources;
8. That the design of the subdivision and improvements are not likely to cause s
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that no sensitive species are impacted by the development since a
open space is being preserved.
9. That the discharge of waste from the subdivision will not result in violation 0:
California Regional Water Quality Control Board requirements, in that thc
design gathers runoff into a storm drain system and the project is req
provide Best Management Practices in accordance with the NPDES require]
10. The Planning Commission finds that the project, as conditioned herej
conformance with the Elements of the City’s General Plan, based on the followir.
A. Land Use - The project is consistent with the City’s General Plan s
proposed density of 4.38 ddacre is within the density range of 4.0 to 8.r
specified for the site as indicated on the Land Use Element of the Gent
and is below the growth control point of 6.0.
B. Circulation - All street improvements will be completed prior
concurrent with, development and a re-sized to accommodate more
units than proposed.
C. Noise - The project includes noise walls to reduce the exterior noise
65 dBA CNEL or lower and will include mechanical ventilation 1
interior noise levels to be reduced to 45 dBA CNEL or lower.
D. Housing - The project, by providing a different product type, is increa
mix of housing opportunities within the community and, through crz
units in the Villa Loma apartments, is satisfying its fair share pro7
affordable housing.
E. Open Space and Conservation - The project proposes to maintain all
open space within the project site.
F. Public Safety - All weather access roads will be maintained thrc
construction and all necessary water mains, fire hydrants and appurt
with be in place prior to building occupancy.
11. The project is consistent with the City-Wide Facilities and Improvements I:
applicable local facilities management plan, and all City public facility polic
ordinances since:
PC RES0 NO. 4472 -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
A. The project has been conditioned to ensure that the final map will not be
unless the City Council finds that sewer service is available to serve th
In addition, the project is conditioned such that a note shall be placed or
map that building permits may not be issued for the project unless th
Engineer determines that sewer service is available, and building can
within the project unless sewer service remains available, and thc
Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for thi:
B. The project has been conditioned to provide proof fiom the Carlsbac
School District that the project has satisfied its obligation for school facil
C. Park-in-lieu fees are required as a condition of approval.
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 ap
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
12. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any e
requirements established by a Local Facilities Management Plan prepared pu
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as p,
Local Facilities Management Plan for Zone 19.
14. The Planning Commission has reviewed each of the exactions imposed on the D
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 pro-
15. That this project could have a potentially significant negative cumulativ
impact on the Palomar Airport Road/El Camino Real intersection. Howe
project has been conditioned to pay its fair share of the “short-term improv
thereby, guaranteeing implementation of a mitigation measure that red1
potential impact to a level of insignificance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Tentative Tract Map document(s) necessary to ma
internally consistent and in conformity with final action on the project. Dew
~ PC RES0 NO. 4472 -4-
0 e
1
2
3
4
5
6
7
shall occur substantially as shown in the approved Exhibits. Any proposed del
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state,
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 Tental
shall reflect the conditions of approval by the City. The Map copy shall be SUI
the City Engineer and approved prior to building, grading, final map, or imp
plan submittal, whichever occurs first.
8 4. The Developer shall include, as part of the plans submitted for any permit plar
reduced legible version of the approving resolution(s) on a 24” x 36” blueline
Permit and signed approved site plan.
9 Said blueline drawing(s) shall also include a copy of any applicable Coastal De\
10
11
12
13
14
15
16
17
5. The final map shall not be approved unless the City Council finds as of the tim
approval that sewer service is available to serve the subdivision.
6. The Developer shall pay the public facilities fee adopted by the City Council or
1987, (amended July 2, 1991) and as amended from time to time, and any dev
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad D
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement tc
public facilities fee dated November 10, 1998, a copy of which is on file with
Clerk and is incorporated by this reference. If the fees are not paid, this applic;
not be consistent with the General Plan and approval for this project will be void.
18
19
8. This project shall comply with all conditions and mitigation measures which are 20
provide school facilities.
as part of the Zone 19 Local Facilities Management Plan and any amendments
7. Prior to issuance of a building permits, the developer shall provide proof to the
from the Carlsbad Unified School District that this project has satisfied its obli
21 that Plan prior to the issuance of building permits.
22
23
24
25
9. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this rc
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 law.
26
27
10. Approval of CT 97-20 is granted subject to the approval of MP 177(X), LCP.
PC RES0 NO. 4472 -5- 28
PUD 97-17 and CDP 97-51. CT 97-20 is subject to all conditions con!
e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Planning Commission Resolutions No. 4470, 4471, 4473, and 4474 for MI
LCPA 97-11, PUD 97-17 and CDP 97-51, respectively.
11. Prior to approval of any final map for the project, the developer shall der
that the property has been annexed into an approved Master Horn
Association, in conformance with Section II.E.15 of the Aviara Master 1
177). Should, in the future, the Aviara Master Plan be covered by twc
Homeowner’s Associations, then the developer shall annex Planning Are:
either the existing Aviara Master Association or the newly created
Homeowner’s Association prior to the approval of any final map for the prc
12. The Developer shall establish a sub-homeowner’s association and com
covenants, conditions and restrictions, separate from the Master Horn
Association and covering all of Planning Area 23. Said CC&Rs shall be SUI
and approved by the Planning Director prior to final map approval. Prior to isst
building permit the Developer shall provide the Planning Department with a
copy of the official CC&Rs that have been approved by the Department of R8
and the Planning Director. At a minimum, the CC&Rs shall contain the j .. provisions:
A. General Enforcement by the City. The City shall have the right, bu
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easement!
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the I
maintenance. If the City elects to perform such maintenance, the City s
written notice to the Association, with a copy thereof to the Owners in tht
setting forth with particularity the maintenance which the City finds to be
and requesting the same be camed out by the Association within a period
(30) days fi-om the giving of such notice. In the event that the Associatic
carry out such maintenance of the Common Area Lots and/or Assc
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be en
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perf0
necessary maintenance to either Common Area Lots and/or Assc
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such ir
each Owner in the Project, together with a statement that if the Associatio
pay such invoice in full within the time specified, the City will pursue c
against the Owners in the Project pursuant to the provisions of this Sectit
1 PC RES0 NO. 4472 -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
invoice shall be due and payable by the Association within twenty (20
receipt by the Association. If the Association shall fail to pay such invoi
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the a
the invoice. Thereafter the City may pursue collection from the Assoc
means of any remedies available at law or in equity. Without lirr
generality of the foregoing, in addition to all other rights and remedies
to the City, the City may levy a special assessment against the Owners of
in the Project for an equal prorata share of the invoice, plus the late char;
special assessment shall constitute a charge on the land and shall be a c(
lien upon each Lot against which the special assessment is levied. Each I
the Project hereby vests the City with the right and power to levy SUC
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any OK
hisher respective Lot for purposes of collecting such special asses;
accordance with the procedures set forth in Article of this Decla
13. Prior to the issuance of the final map or grading permit, whichever occurs :
Developer shall submit to the City a Notice of Restriction to be filed in the offil
County Recorder, subject to the satisfaction of the Planning Director, noti]
interested parties and successors in interest that the City of Carlsbad has
Tentative Tract Map, Planned Unit Development Permit, Coastal Deve
Permit by Resolutions No. 4472, 4473, and 4474 on the real property ownel
Developer. Said Notice of Restriction shall note the property description, locatic
file containing complete project details and all conditions of approval as we1
conditions or restrictions specified for inclusion in the Notice of Restrictj
Planning Director has the authority to execute and record an amendment to tl
which modifies or terminates said notice upon a showing of good cause by the D.
or successor in interest.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi
pursuant to City standards. Location of said receptacles shall be approved
Planning Director. Enclosure shall be of similar colors and/or materials to the p
the satisfaction of the Planning Director.
15. All visitor parking spaces shall be striped a different color than the assigned
parking spaces and shall be clearly marked as may be approved by the Planning I:
16. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. TI
shall be submitted to and approval obtained from the Planning Director prio
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.
PC RES0 NO. 4472 -7-
0 0
1
2
3
4
5
/
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. I
19. The Developer shall display a current Zoning and Land Use Map in the sales of
times, or suitable alternative to the satisfaction of the Planning Director. I
6 II
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ,
I
20. 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.
21. This 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 incre
such rental shall be not less than 26 days. The CC&Rs for the project shall inc
requirement.
22. Building permits will not be issued for this project unless the local agency F
water and sewer services to the project provides written certification to the (
adequate water service and sewer facilities, respectively, are available to the projl
time of the application for the building permit, and that water and sewer cap:
facilities will continue to be available until the time of occupancy. This note
placed on the final map.
23. Maintenance responsibilities for the common areas (to be maintained
homeowner’s association) and for the exclusive use areas (to be maintainec
individual airspace unit owners) shall be as delineated on the Tentative R,
Planned Development Site Plan exhibits, and this information shall also bc
on the detailed landscape plan and final grading plan for the project. No 1
permits shall be issued unless the Planning Department verifies tl
Condominium Plan (filed with the Department of Real Estate) is in confo
with the Tentative Map and Planned Development Site Plan exhibits.
24. The Developer shall pay his fair share for the “short-term improvements” ti
Camino ReaVPalomar Airport Road intersection prior to approval of the fi~
or the issuance of a grading permit, whichever occurs first. The amount
determined by the methodology ultimately selected by Council, including
limited to, an increase in the City-wide traffic impact fee; an increased or nc
19 LFMP fee; the creation of a fee or assessment district; or incorporatiol
Mello-Roos taxing district.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following engineerini
conditions upon the approval of this proposed major subdivision must be me
PC RES0 NO. 4472 -8-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
prior to approval of a final map.
25. Prior to issuance of any building permit, the developer shall comply
requirements of the City's anti-graffiti program for wall treatments if and wht
program is formerly established by the City.
26. There shall be one final subdivision map recorded for this project.
27. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees from any claim, action or proceeding against the City or it;
officers, or employees to attack, set aside, void or null an approval of the 1
Planning Commission or City Engineer which has been brought against the Ci
the time period provided for by Section 66499.37 of the Subdivision Map Act.
28. The developer shall provide an acceptable means for maintaining the private e
within the subdivision and all the private: streets, sidewalks, street lights, sto
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties w:
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
29. 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 condii
requirements the City Engineer may impose with regards to the hauling operation
30. Rain gutters must be provided to convey roof drainage to an approved drainage c
street to the satisfaction of the City Engineer.
3 1. The developer shall install sight distance corridors at all street intersections in acc
with Engineering Standards and shall record the following statement on the Fi
(and in the CC&Rs).
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 incl
above the street level may be placed or permitted to encroach within t
area identified as a sight distance corridor in accordance with City Stand;
Public Street-Design Criteria, Section 8.B.3. The underlying prope
owner shall maintain this condition."
FeedAEreements
32. The developer shall pay all current fees and deposits required.
33. The owner of the subject property shall execute an agreement holding the City 1
PC RES0 NO. 4472 -9-
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
regarding drainage across the adjacent property.
34. The subject property is withn the boundaries of Assessment District No. 82
Road). Upon the subdivision of land within the district boundaries, the owner :
through assessments to subsequent owners dy if the owner has executed ;
Assessment District Pass-through Authorization Agreement. Said Agreement
provision regarding notice to potential buyers of the amount of the assessment
provisions and requires the owner to have each buyer receive and execute a :
Assessment and an Option Agreement. In the event that the owner does not ex
Authorization Agreement, the assessment on the subject property must be paid!
by the owner prior to final map approval.
35. As required by state law, the subdivider shall submit to the City an applic
segregation of assessments along with the appropriate fee. A segregation is not
if the developer pays off the assessment on the subject property prior to the recor
the final map. In the event a segregation of assessments is not recorded and pr
subdivided, the full amount of assessment will appear on the tax bills of each ne
36. The owner shall execute a hold harmless agreement for geologic failure.
37. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
Gradin?
38. Based upon a review of the proposed grading and the grading quantities show]
tentative map, a grading permit for this project is required.
39. Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to 1
Water Resources Control Board.
40. No grading for private improvements shall occur outside the limits of the subdiv
on open space or coastal deed restricted areas unless a grading or slope ease
agreement is obtained fiom the owners of the affected properties and recorded
developer is unable to obtain the grading or slope easement, or agreement, no
permit will be issued. In that case the developer must either amend the tentativc
modify the plans so grading will not occur outside the project site in a mannc
substantially conforms to the approved tentative map as determined by the City E
and Planning Director.
PC RES0 NO. 4472 -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
Dedications/Improvements
41. The owner shall grant a covenant of easement for general access, utilities and (
easements as shown on the tentative map. The covenant of easement shall be st
recording information called out on the final map.
42. 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.
43. The owner shall make an offer of dedication to the City for all private st1
easements required by these conditions or shown on the tentative map. Spc
streets B, C, D, E, and F shall be dedicated as public utility and access easel
required by the City Engineer. The offer shall be made by a certificate on the j
for this project. All land so offered shall be granted to the City free and clear oj
and encumbrances and without cost to the City. Streets that are already publi,
required to be rededicated.
44. Direct access rights for all lots abutting Aviara Parkway and Black Rail Road
waived on the final map, (except access as shown on the tentative map).
45. The developer shall comply with the City's requirements of the National ;
Discharge Elimination System ODES) permit. The developer shall pro\
management practices as referenced in the "California Storm Water Best Man
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and tc
the following:
A. All owners and tenants shall coordinate efforts to establish or wc
established disposal programs to remove and properly dispose of tc
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, ma
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
fluids shall not be discharged into any street, public or private, or into stol
or storm water conveyance systems. Use and disposal of pesticides, fur:
herbicides, insecticides, fertilizers and other such chemical treatments sh
Federal, State, County and City requirements as prescribed in their re
containers.
C. Best Management Practices shall be used to eliminate or reduce surface PC
when planning any changes to the landscaping and surface improvements.
PC RES0 NO. 4472 -1 1-
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
46. Prior to approval of grading plans or final map the R.V. storage area
designed to provide access circulation and drainage to this use. Grant 1
required) and maintenance agreements for this use shall also be approve
City prior to grading plan approval or final map approval. All de
agreements shall clearly state that the access to, and use of, the R.V. storag
for all residents of the Aviara Master Plan and maintenance is the respons
applicable Master Homeowners’ Association.
47. Plans, specifications, and supporting documents for all public and private imprc
shall be prepared to the satisfaction of the City Engineer. In accordance F
Standards, the developer shall install, or agree to install and secure with ap
security as provided by law, improvements shown on the tentative map and the 1
improvements:
A. All onsite private streets, drainage and R.V. access as shown on the
map and as required by the City Engineer.
B. The completion of frontage improvements to Black Rail Road or tc
Parkway including but not limited to curb, gutter & sidewalk, Ian
and irrigation systems, street lights and access ramps. Improvements i
are as required or damaged during the development of this project.
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. Impro
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
48. The developer shall install street lights along all public and private street fror
conformance with City of Carlsbad Standards.
49. The developer shall install sidewalks along all public streets abutting the pr
I conformance with City of Carlsbad Standards prior to occupancy of any buildings
50. Prior to occupancy of any buildings, the developer shall install wheelchair ram1
public street comers abutting the subdivision in conformance with City of (
Standards.
51. 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 I
Standards based on R-value tests. All private streets and drainage systems I
inspected by the City. The standard improvement plan check and inspection fees
paid prior to approval of the final map for this project.
PC RES0 NO. 4472 -12-
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
Final Map Notes
52. Note(s) to the following effect(s) shall be placed on the final map as non-mappin
A. Building permits will not be issued for development of the subject propeI
the District Engineer determines that sewer facilities are available.
B. All improvements within the boundaries of this subdivision are 1
owned and are to be privately maintained with the exception of:
Sewer and Water main lines within the public easements granted to the Ci
Note: The onsite storm drain system shown on the tentative map is cc
private.
C. Geotechnical Caution:
Slopes steeper than two parts horizontal to one part vertical exist w
boundaries of this subdivision.
The owner of this property on behalf of itself and all of its successors ir
has agreed to hold harmless and indemnify the City of Carlsbad from ax
that may arise through any geological failure, ground water seepage
subsidence and subsequent damage that may occur on, or adjacent
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inch’
the street level may be placed or permitted to encroach within the area ic
as a sight distance corridor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall main1
condition.
Fire Department:
53. Applicant shall submit a water improvement plan to the Fire Department for a
which depicts location of required, proposed and existing public water mains
hydrants. The plan should include off-site fire hydrants within 200 feet of the pro
54. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox”, key-operated emergency entry device. Applicant shall
the Fire Prevention Bureau for specifications and approvals prior to installation.
...
...
I PC RESONO. 4472 -13-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Water District:
55. The entire potable water system, recycled water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow demanc
met.
I
56. The Developer shall be responsible for all fees, deposits and charges whick
collected before andor at the time of issuance of the building permit. The Si
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
57. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requj
Also obtain G.P.M. demand for domestic and irrigational needs fiom ap.
places.
B. Prepare a colored recycled water use area map and submit to the
Department for processing and approval.
C. Prior to the preparation of sewer, water and recycled water improvemenl
meeting must be scheduled with the District Engineer for review, corn1
approval of the preliminary system layouts and usages (i.e. GPM - EDU).
~
l5 11 General:
16
17
18
19
20
21
22
23
24
25
26
27
28
58. 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 tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
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 apI
this Tentative Tract Map.
Code Reminders:
59. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
60. The developer shall exercise special care during the construction phase of this p:
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
PC RES0 NO. 4472 -14-
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
61. 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.
62. An all weather, unobstructed access road suitable for emergency service vehicle;
provided and maintained during construction., When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons:
in the interest of public safety, require that construction operations cease
condition is corrected.
63. All required water mains, fire hydrants and appurtenances shall be operation;
combustible building materials are located on the construction site.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for conveni
“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 Codc
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
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/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
...
...
...
. ..
...
. ..
PC RES0 NO. 4472 -1 5-
e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 17th day of March, 195
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
COURTNEY E. HETNEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
I-&
MICHAEL J. HMZMKLER
Planning Director
PC RES0 NO. 4472 -1 6-