Loading...
HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4467t 0 0 I 1 II PLANNING COMMISSION RESOLUTION NO. 4467 2 3 4 5 6 7 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CREATE 124 AIR SPACE CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: RANCHO CARRILLO VILLAGE B - PHASE I1 CASE NO.: CT 98-15 APPROVAL OF CARLSBAD TRACT NUMBER CT 98-15 TO 8 application with the City of Carlsbad regarding property owned by Continental Rar 9 WHEREAS, Continental Ranch, Inc., “Developer”, has filed a lo “Owner”, described as 11 12 13 14 Lots 206 and 208 of Carlsbad Tract No. 97-02, Rancho Carrillo Village “A-D”, In the City of Carlsbad, County of San Diego, State of California, According to the map thereof No. 13582, filed in the Office of the County Recorder of San Diego County, June 10, 1998. 15 (“the Property”); and 1 68 WHEREAS, said verified application constitutes a request for a Tental Map as shown on Exhibits “A” - (‘R” dated March 3,1999, on file in the Planning DI 17 1 8’ 1 9‘ RANCHO CARRILLO VILLAGE B - PHASE 11, CT 98-15, as provided by Title 201 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 3rd day of March, 22’ (I on the 7th day of April, 1999, hold a duly noticed public hearing as prescribed 1 2 31 24 consider said request; and 25; 11 WHEREAS, at said public hearing, upon hearing and considering all 26 27 relating to the Tentative Tract Map. and arguments, if any, of persons desiring to be heard, said Commission considered 28 I1 a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22: 231 241 2 5; 2 6 2 7 2 a 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 RECOMMENDS APPROVAL of RANCHO CARRILLO VILLI PHASE 11, CT 98-15, based on the following findings and subje following conditions: Findiny : 1. That the proposed map and the proposed design and improvement of the subd conditioned, is consistent with and satisfies all requirements of the General 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 tl residential subdivision designed in accordance with the Subdivision and Development Ordinances, as well as the approved Rancho Carrillo Ma! (and its subsequent amendments), is in compliance with the recommendatic required technical studies for soils and drainage, and provides a1 improvements necessary to serve the demand generated by the developmenl 2. That the proposed project is compatible with the surrounding future land L surrounding properties are designated for residential development on the Ger and the Rancho Carrillo Master Plan. The Palomar Airport Road rig1 separates this site from non-residential uses to the 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 tl proposed, in that the project is consistent with residential development desig Village B by the Rancho Carrillo Master Plan, and the mass grading plan 1 by Hillside Development Permit HDP 91-17. 4. That the design of the subdivision or the type of improvements will not cor easements of record or easements established by court judgment, or acquirc public at large, for access through or use of property within the proposed subd: that the project has been designed and structured such that there are no with any established easements. 5. That the property is not subject to a contract entered into pursuant to Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future : natural heating or cooling opportunities in the subdivision, in that the area’s 1 western wind pattern/solar radiation patterns will allow utilization o PC RES0 NO. 4467 -2- j e 0 1 heating and cooling opportunities. 2 3 7. That the Planning Commission has considered, in connection with the housing by this subdivision, the housing needs of the region, and balanced those housj 4 against the public service needs of the City and available fiscal and envir resources. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 01 21 22. 2 3' 24. 2 5; 26 8. That the design of the subdivision and improvements are not likely to cause s1 environmental damage nor substantially and avoidably injure fish or wildlifi habitat, in that all applicable biological mitigation measures required by F 91-04 and MEIR 93-01 have been incorporated into the project and/or add project as conditions of approval. 9. That the discharge of waste from the subdivision will not result in violation o California Regional Water Quality Control Board requirements, in that the st drainage requirements of the Rancho Carrillo Master Plan and EIR 91 been considered and appropriate sewer and drainage facilities have been to accommodate the project. In addition to City Engineering Stand: compliance with the City's Master Sewer and Drainage Plans, National Discharge Elimination System (NPDES) standards will be satisfied to pre discharge violations. 10. The Planning Commission finds that the project, as conditioned herein for €4 CARRILLO VILLAGE B - PHASE 11, CT 98-15, is in conformance with the of the City's General Plan, based on the following: A. Land Use - The project is consistent with the City's General Plan Rc High (RH) land use designation since the proposed density of 17 d within the density range of 15-23 du/acre specified for the site as ind the Land Use Element of the General Plan. B. Circulation - The project is conditioned to complete all necessary o' offsite roadway improvements prior to occupancy of any unit in ea1 Additionally, all roadway improvements to serve this portion of thc Carrillo Master Plan must be guaranteed and substantially comple to occupancy of units in Village B - Phase 11. C. The project has been conditioned to ensure conformance with 1 Element of the General Plan. D. Housing - That the project is consistent with Policy 3.6.a of the Element of the General Plan and the Inclusionary Housing Ordi Village B is providing the balance of the inclusionary requiremen. Rancho Carrillo Master Plan. 27 11 E. Open Space and Conservation - The project is consistent with thc 28 11 PC RES0 NO. 4467 -3- > 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 8, Carrillo Master Plan and Zone 18 LFMP in that 189.9 acres of perf standard open space will be provided throughout the Master Plan. over 35% of the net developable acreage of the Rancho Carrillo Ma! which exceeds the 15% Growth Management requirement. F. Public Safety - In accordance with the Rancho Carrillo mass grad (HDP 91-17) and the Village B - Phase I1 grading plan and final soil all unacceptable soil conditions will be mitigated to facilitate cons Standard engineering grading conditions will be required for all grading. 11. The project is consistent with the City-Wide Facilities and Improvements applicable local facilities management plan, and all City public facility pol ordinances since: A. The project has been conditioned to ensure that the final map will not be unless the City Council finds that sewer service is available to serve th In addition, the project is conditioned such that a note shall be placed or map that building permits may not be issued for the project unless thl 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 Elemc General Plan have been met insofar as they apply to sewer service for thi: B. The project has been conditioned to provide proof from the San Marcc District that the project has satisfied its obligation for school facilities. C. All necessary public improvements have been provided or are re( conditions of approval. D. 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. E. The Rancho Carrillo Master Plan has entered into a Parks Agreen: the City of Carlsbad. 12. This project has been conditioned to comply with any requirement approved as I Local Facilities Management Plan for Zone 18. 13. The Planning Commission finds that: A. The project is a subsequent development as described in CEQA Guidelir (c)(2) and (e), and 15 183; B. The project is consistent with the General Plan Master EIR (MEIR 9: Rancho Carrillo Master Plan EIR (EIR 91-04); PC RES0 NO. 4467 -4- 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 C. There were EIRs certified in connection with the prior 1994 Gene Update and Rancho Carrillo Master Plan; D. The project has no new significant environmental effect not ana significant in the prior EIRs; E. None of the circumstances requiring Subsequent or Supplemental E CEQA Guidelines Sections 15 162 or 15 163 exist. 14. That all feasible mitigation measures or project alternatives identified in the ME: and EIR 91-04 which are appropriate to this subsequent project have been incc into this subsequent project. 15. That MEIR 93-01 found that air quality and circulation impacts are signifi adverse; therefore, the City Council adopted a statement of overriding consic The project is consistent with the General Plan and as to those effects, no a environmental document is required. 16. That the project is consistent with the Comprehensive Land Use Plan (CLUF McClellan-Palomar Airport, dated April 1994, in that as conditioned the applic record a notice concerning aircraft noise. 17. That the project is consistent with the City's Landscape Manual, pursuant tc 14.28.020, adopted by City Council Resolution No. 90-384. 18. 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 the project 19. The project, as designed, implements certain objectives and mitigation 1 established by the General Plan Master EIR to reduce cumulative air qul circulation impacts as applicable to a residential project of this scale. These providing links to public sidewalk systems that connect with transp corridors, future schools, parks, and trail systems; providing for safe pedest bicycle movements within the project and designing the project to accon pedestrian spaces as well as proposed parking areas and building locations. 20. The Planning Director has found that, based on the EIA Part 11, this sub project was described in the MEIR 93-01 and EIR 91-04 as within its SCOF there will be no additional significant effect, not analyzed therein; AND thal or additional mitigation measures or alternatives are required; AND that tl this subsequent project is within the scope of the prior EIR, and environmental document nor Public Resources Code 21081 findings are reql I ~ PC RES0 NO. 4467 -5- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, ~ I I I 21. That this project could have a potentially significant negative cumulatil impact on the Palomar Airport Road/ El Camino Real intersection. Howl project has been conditioned to pay its fair share of the “short-term impro. thereby, guaranteeing implementation of a mitigation measure that red potential impact to a level of insignificance. 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 map. 1. Staff is authorized and directed to make, or require Developer to make, all c( and modifications to the Tentative Tract Map document(s) necessary to m; internally consistent and in conformity with final action on the project. Dev shall occur substantially as shown in the approved Exhibits. Any proposed dev 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/Operator shall and does hereby agree to indemnify, protect, dc hold harmless the City of Carlsbad and Council members, officers, employee, and representatives from and against any and all liabilities, losses, damages, claims, and costs, including court costs and attorney’s fees incurred by the Cit directly or indirectly from (a) City’s approval or issuance of any permit c whether discretionary or non discretionary, in connection with the use coni herein, and (b) DevelopedOperator’s installation and operation of the facility : hereby, including without limitation, any and all liabilities arising from the em the facility of electromagnetic fields or other energy waves or emissions. 4. The Developer shall provide the City with a reproducible 24-inch by 36-inch m: of the Tentative Map as approved by the final decision making body. The ’1 Map shall reflect the conditions of approval by the City. The Map copy submitted to the City Engineer and approved prior to building, grading, final improvement plan submittal, whichever occurs first. 5. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving resolutions on a 24” by 36” blueline dr; 6. 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. I 7. 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 PC RES0 NO. 4467 -6- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4, 15 161 17‘ 1 8; 1 5’ 201 21 22, 2 3’ 24 2 5; 2 6 27 2 El 1 fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad ]I Code or other ordinance adopted to implement a growth management system or and Improvement Plan and to fulfill the subdivider’s agreement to pay the public fee dated January 10, 1997, a copy of which is on file with the City Cle incorporated by this reference. If the fees are not paid, this application wj 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 arc as part of the Zone 18 Local Facilities Management Plan and any amendment! that Plan prior to the issuance of building permits. 9. If any condition for construction of any public improvements or facilities, or thc of any fees in-lieu thereof, imposed by this approval or imposed by law on this r housing project are challenged this approval shall be suspended as prc Government Code Section 66020. If any such condition is determined to be ir approval shall be invalid unless the City Council determines that the project w condition complies with all requirements of law. 10. Approval of CT 98-15 is granted subject to the approval of Condominium Perm 08 and Site Development Plan 98-17. CT 98-15 is subject to all conditions co: Planning Commission Resolution No. 4468 for the Condominium Permit CP ! Planning Commission Resolution No. 4469 for the Site Development Plan, SD: 11. The Developer shall establish a homeowner’s association and corresponding c conditions and restrictions. Said CC&Rs shall be submitted to and approvc Planning Director prior to final map approval. Prior to issuance of a building 1 Developer shall provide the Planning Department with a recorded copy of t€- 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, bt obligation, to enforce those Protective Covenants set forth in this Decl favor of, or in whch 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 i Association’s Easements”, the City shall have the right, but not thc perform the necessary maintenance. If the City elects to perfc maintenance, the City shall give written notice to the Association, wi thereof to the Owners in the Project, setting forth with particu maintenance which the City finds to be required and requesting the carried out by the Association within a period of thirty (30) days from 1 of such notice. In the event that the Association fails to carry maintenance of the Common Area Lots and/or Association’s Easeme] the period specified by the City’s notice, the City shall be entitled to c PC RES0 NO. 4467 -7- 0 0 1 2 3 4 5 6 7 8 9 1 01 11 12. 1 38 1 4. 15; 1 ti 1 7 1 8 19 20 21 2i! 23 241 2 5 2 ti 27 2 8 work to be completed and shall be entitled to reimbursement with respe from the Owners as provided herein. C. Special Assessments Levied by the City. In the event the City has perfi necessary maintenance to either Common Area Lots and/or Ass Easements, the City shall submit a written invoice to the Association fo incurred by the City to perform such maintenance of the Common Area or Association’s Easements. The City shall provide a copy of such i each Owner in the Project, together with a statement that if the Associati pay such invoice in full within the time specified, the City will pursue against the Owners in the Project pursuant to the provisions of this Sect invoice shall be due and payable by the Association within twenty (2( receipt by the Association. If the Association shall fail to pay such invo within the period specified, payment shall be deemed delinquent anc subject to a late charge in an amount equal to six percent (6%) of the : the invoice. Thereafter the City may pursue collection from the Assoc means of any remedies available at law or in equity. Without lin 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 0: in the Project for an equal prorata share of the invoice, plus the late cha 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 the Project hereby vests the City with the right and power to levy su( assessment, to impose a lien upon their respective Lot and to bring actions and/or to pursue lien foreclosure procedures against any 0 hisher respective Lot for purposes of collecting such special assessment. D. Prior to the occupancy of any dwelling units in Village B - Phase 11, Village B - Phase I1 shall be annexed into the Rancho Carrillc Homeowner’s Association. E. The developer shall provide an acceptable means for maintaining tl easements within the subdivision and all the private: streets, sidewa lights and storm drain facilities located therein and to distribute the cos maintenance in an equitable manner among the owners of the propert the subdivision. Adequate provision for such maintenance shall be incl the CC&Rs subject to the approval of the City Engineer. F. The developer shall provide for sight distance corridors in accord; Engineering Standards and the conforming mylar tentative map; and st the following statements on the conforming mylar tentative map and PI landscape plan: 1) Mature vegetation within the site line area of all intersections s greater than 30” in height or have a canopy no less than 8’ in heii PC RES0 NO. 4467 -8- * e e 1 2: 3 4. 5; 6 7 8; 9 1 0 11 12: 1 3; 141 1 5 1 6 17 18 19 20 21 22 2 3 24 2) No structure, fence, wall, sign, or other object over 30 inches a street level shall be placed or permitted to encroach within identified as a sight distance corridor in accordance with City 5 and the conforming mylar tentative map. The underlying properl or homeowner's association shall maintain this condition. 12. The Developer shall display a current Zoning and Land Use Map in the sales 0: times, or suitable alternative to the satisfaction of the Planning Director. 13. The developer shall post a sign in the sales office in a prominent loca discloses which special districts and school district provide service to thc Said sign shall remain posted until ALL of the units are sold. 14. Prior to the issuance of the first Building Permit, the Developer shall prov Planning Director a copy of the Department of Real Estate-approved Cond Plan which is in conformance with the City-approved plans and exhibits. 15. Prior to the recordation of the Final Map, Developer shall submit to the Cit: of Restriction to be filed in the office of the County Recorder, subject to the Si of the Planning Director, notifying all interested parties and successors in intere City of Carlsbad has issued a Tentative Map by Resolution No. 4467 01 property owned by the Developer. Said Notice of Restriction shall note thc description, location of the file containing complete project details and all con approval as well as any conditions or restrictions specified for inclusion in the Restriction. The Planning Director has the authority to execute and record an a1 to the notice which modifies or terminates said notice upon a showing of good the Developer or successor in interest. 16. Prior to the issuance of a building permit, the Developer shall provide prc Director from the School District that this project has satisfied its obligation 1 school facilities. Landscape 17. The Developer shall prepare a detailed landscape and irrigation plan in conform the approved Preliminary Landscape Plan and the City's Landscape Manual. shall be submitted to and approval obtained from the Planning Director pr approval of the final map, grading permit, or building permit, whichever occurs Developer shall construct and install all landscaping as shown on the approved maintain all landscaping in a healthy and thriving condition, free from weeds, debris. 25 2 ti 18. The first submittal of detailed landscape and irrigation plans shall be accompan 2 7 project's improvement and grading plans. 19. Prior to occupancy of individual units, the applicant shall construct the ca themehoise attenuation walls shown on the Landscape Concept Plan Exhit "' 11 PC RES0 NO. 4467 -9- 1 2: 3; 41 c “1 ti ‘I I 8 9 1 0 11 12 13 14 15 1 6 1 7 1 a 19 20 2 I. 22 2 3 24 2 5 2 6 27 2 a e 0 20. Prior to issuance of building permits, the applicant shall demonstrate following mitigation has been provided: (1) the interior noise levels mitigated to 45 dBA CNEL when openings to the exterior of the resic closed; and (2) if openings are required to be closed to meet the City mechanical ventilation shall be provided. Sipns and Identification 21. Prior to occupancy of any units, the Developer shall construct a directory s entrance to the project. The design of this sign shall be approved by the Director. 22. 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 identificati addresses shall contrast to their background color. Miscellaneous Plannin2 Conditions 23. This project is being approved as a condominium permit for residential home1 purposes. If any of the units in the project are rented, the minimum time incr such rental shall be not less than 26 days. The CC&Rs for the project shall in requirement. 24. The Developer shall display a current Zoning and Land Use Map in the sales o times, or suitable alternative to the satisfaction of the Planning Director. 25. All sales maps that are distributed or made available to the public shall include limited to trails, future and existing schools, parks, and streets. Environmental 26. The Developer shall diligently implement, or cause the implementation of, all 1 measures identified in the Final EIR 91-04 and MEIR 93-01 that are foun resolution to be feasible and applicable to this project. 27. The Developer shall implement, or cause the implementation of applicable PO the Rancho Carrillo Master Plan Final EIR Project Mitigation Monitc Reporting Program. 28. The Developer, or their successors in interest, shall improve the project site project as described in the Final EIR 91-04, except as modified by this resolutio: 29. Prior to the recordation of the first final tract map or the issuance of buildin: whichever occurs first, the Developer shall prepare and record a Notice that thi PC RES0 NO. 4467 -10- 0 0 1 -1 L. 2; 4 .c J ti 7 8 9 10 11 12: 1 31 1 4. 1 5; 1 ti 1 7’ 18 1 9 20 21 22 2 3 24 2 5 2 6 27 2 2; may be subject to noise impacts from the proposed or existing Transportation (Palomar Airport Road and Melrose Drive), in a form meeting the appr0.c Planning Director and City Attorney (see Noise Form #1 on file in the Department). 30. Prior to the recordation of the first final tract map or the issuance of buildin, whichever occurs first, the Developer shall prepare and record a Notice that thi is subject to overflight, sight, and sound of aircraft operating from McClella: Airport, in a form meeting the approval of the Planning Director and the Cio (see Noise Form #2 on file in the Planning Department). 31. The Developer shall post aircraft noise notification signs in all sales and/or ren associated with the new development. The number and locations of said sign approved by the Planning Director (see Noise Form #3 on file in the Department). 32. The Developer shall pay their fair share for the “short-term improvements” Camino Real/ Palomar Airport Road intersection prior to approval of the final r issuance of a grading permit, whichever occurs first. The amount shall be dete~ the methodology ultimately selected by Council, including but not limited to, a in the city-wide traffic impact fee; an increased or new Zone 18 LFMP fee; th of a fee or assessment district; or incorporation into a Mello-Roos taxing district Housin? 33. Prior to the approval of the final map, the Developer shall enter into an P Housing Agreement with the City to provide and deed restrict 82 dwelling affordable to lower-income households for the useful life of the dwelling accordance with the requirements and process set forth in Chapter 21.85 of the Municipal Code. The recorded Affordable Housing Agreement shall be bindj future owners and successors in interest. 34. Prior to final map, a copy of the recorded Affordable Housing Agreemenl submitted to the Planning Department. 35. The Developer shall construct the required inclusionary units concurrent project’s market rate units, unless both the final decision making authority of the the Developer agree within an Affordable Housing Agreement to an alternate for development. 36. All units within buildings 1,2,3,4,7,8,9,11,12,13,17,18,19,20,22,23,2~ on Lots 206 and 208 of Carlsbad Tract 97-02 are designated as affordal Ten percent of the buildings containing affordable units may be relocate Village B - Phase 11. PC RES0 NO. 4467 -1 1- e 0 1 2: 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Engineering Conditions 37. There shall be one final subdivision map recorded for this project. 38. The developer shall provide an acceptable means for maintaining the private t within the subdivision and all the private: streets, sidewalks, street lights and st facilities located therein and to distribute the costs of such maintenance in an manner among the owners of the properties within the subdivision. Adequate for such maintenance shall be included with the CC&Rs subject to the appro City Engineer. 39. Prior to hauling dirt or construction materials to or from any proposed constru within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all cond: requirements the City Engineer may impose with regards to the hauling operatio 40. The developer shall provide for sight distance corridors in accordance with En Standards and the conforming mylar tentative map; and, shall record the statements on the conformin? mylar tentative map and preliminary landscal A. Mature vegetation within the site line area of all intersections shz greater than 30” in height or have a canopy no less than 8’ in height. B. No structure, fence, wall, sign, or other object over 30 inches above the level shall be placed or permitted to encroach within the area identifiec sight distance corridor in accordance with City Standards and conforming mylar tentative map. The underlying property owne homeowner’s association shall maintain this condition. Gradin? 41. 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 Standa to issuance of a building permit for the project. The grading plans shall re: drainage requirement for City Standard GS-14 along the project’s sc property line. The drainaFe requirement for City Standard GS-14 shall be s plan and section views on the tentative map conforming mvlar. Dedications/Improvements 42. Direct access rights for all lots abutting Melrose Drive shall be waived on the fi1 (Reference the intersection of Private Drive “B” with Private Drive “G” tentative map for the specific location.) I ~ 1 PC RES0 NO. 4467 -12- a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43. 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 Mar 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 1 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 work established disposal programs to remove and properly dispose of toxi1 hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, mot0 antifreeze, solvents, paints, paint thinners, wood preservatives, and otheI fluids shall not be discharged into any street, public or private, or into drain or stonn water conveyance systems. Use and disposal of pesti, fungicides, herbicides, insecticides, fertilizers and other such che treatments shall meet Federal, State, County and City requiremen prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce SI pollutants when planning any changes to the landscaping and SI improvements. 44. Plans, specifications, and supporting documents for all public improvements prepared to the satisfaction of the City Engineer. In accordance with City Stan( developer shall install, or agree to install and secure with appropriate security as by law, improvements shown on the tentative map, and the following improvemc A. Installation of a 4-way fully actuated traffic signal at the “ Street/Melrose Drive intersection. B. Full improvements to the following streets: Village “A” (CT 98-03), “A-A” Street to Village “A,” “A4 Street; Village “A” (CT 98-03), “A-C” Street to Village “B,” Pha 11, Paseo Acampo; Village “B,” Paseo Acampo. A list of the above improvements shall be placed on an additional map sheet or map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impr shall be constructed within 18 months of approval of the secured improvement E or such other time as provided in said agreement. 45. The design of all Village “B,” Phase I1 private streets and drainage system: approved by the City Engineer. The structural section of all private streets shal PC RES0 NO. 4467 -13- . 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 to City of Carlsbad Standards based on R-value tests. All private streets and systems shall be inspected by the City. The standard improvement plan c: inspection fees shall be paid for this project. Final Map Notes: 46. Notes to the following effect shall be placed on the final map as non-mapping da A. All improvements for Village “B” are private and are to be prib maintained with the exception of sewer and water lines which are loc within street and utility easements that are offered for public dedicat B. No structure, fence, wall, sign, or other object over 30 inches above the level shall be placed or permitted to encroach within the area identifiec sight distance comdor in accordance with City Standards and conforming mylar tentative map. The underlying property owne homeowner’s association shall maintain this condition. C. Mature vegetation within the site line area of all intersections shall 1 greater than 30” in height or have a canopy no less than 8’ in height. Map Corrections/Additions: 47. The property owner shall execute a covenant for a reciprocal access easen maintenance agreement for Rancho Carrillo Village “B,” Phases I and 11, issuance of any building permit. 48. The developer shall record an adjustment plat along the project’s SI property line as indicated on the tentative map, prior to issuance of any permit. Water 49. The Developer shall be responsible for all fees, deposits and charges which collected before andor 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. 50. The Developer shall provide detailed information to the District Engineer regardi: demand, irrigation demand, fire flow demand in gallons per minute, and projectc flow in million gallons per day. 51. The entire potable water system, recycled water system and sewer system evaluated in detail by Developer and District Engineer to ensure that adequate ( pressure and flow demands can be met. PC RES0 NO. 4467 -14- & 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 e 52. All District pipelines, pump stations, pressure reducing stations and appw required for this project by the District shall be within public right-of way ( easements granted to the District or the City of Carlsbad. 53. Sequentially, the Developer’s Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirem 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 Eng review, comment and approval. 54. The following note shall be placed on the final map. “This project is approved expressed condition that building permits will not be issued for developmen subject property unless the district serving the development has adequate water a~ capacity available at the time of development is to occur, and that such water a~ capacity will continue to be available until time of occupancy.” 55. All potable water and recycled water meters shall be placed within public right-of 56. No more than nineteen (19) homes shall be served on a single potable water dis pipeline. For those locations with more than nineteen (19) homes, a looped potal pipeline system shall be designed. 57. A public fire flow system shall be required for this residential development, and be constructed as a looped pipeline system. 58. All potable water and recycled water meters shall be placed within public right of - Fire 59. Prior to issuance of building permits, the Fire Department shall evaluate buildil for conformance with applicable fire and life safety requirements of the state a Fire Codes. 60. Provide additional public fire hydrants at intervals of 500 feet along public street, private driveways. Hydrants should be located at street intersections when possj should be positioned no closer than 100 feet from terminus of a street or driveway 61. Applicant shall submit a site plan to the Fire Department for approval, which location of required, proposed, and existing public water mains and fire hydran plan should include off-site fire hydrants within 200 feet of the project. PC RES0 NO. 4467 -1 5- , 1 2 3 4 5 6 7 8 9 10 * 0 62. Applicant shall submit a site plan depicting emergency access routes, drivem traffic circulation for Fire Department approval. 63. An all weather, unobstructed access road suitable for emergency service vehicle: provided and maintained during construction. When in the opinion of the Fire ( access road has become unserviceable due to inclement weather or other reasons: in the interest of public safety, require that construction operations cease condition is corrected. 64. All required water mains, fire hydrants and appurtenances shall be operation; combustible building materials are located on the construction site. 65. Prior to final inspection, all security gate systems controlling vehicular access equipped with a “Knox”, key operated emergency entry device. Applicant shal the Fire Prevention Bureau for specifications and approvals prior to installation. 11 66. Prior to building occupancy, private roads and driveways which serve as requirt for emergency service vehcles shall be posted as fire lanes in accordance 12 requirements of Section 17.04.020 of the Carlsbad Municipal Code. 13 14 67. The applicant shall provide a street map which conforms to the following requ A 400 scale photo-reduction mylar, depicting proposed improvements and at 15 existing intersections or streets. The map shall also clearly depict street ce 17 68. A monument sign shall be installed at the entrance to the driveway or privi 16 hydrant locations and street names. indicating the addresses of the buildings on the site. l8 )I Genera’ 19 20 21 22 23 24 25 69. 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 t implemented and maintained according to their terms, the City shall have thc revoke or modify all approvals herein granted; deny or further condition issuaj future building permits; deny, revoke or further condition all certificates of o issued under the authority of approvals herein granted; institute and prosecute lit: 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 Map. Code Reminders 26 27 building permit issuance, except as otherwise specifically provided herein. 70. Approval of this request shall not excuse compliance with all applicable sectic Zoning Ordinance and all other applicable City ordinances in effect at the 28 11 PC RES0 NO. 4467 -16- b 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 * 71. All roof appurtenances, including air conditioners, shall be arclvtecturally integ concealed fi-om view and the sound buffered from adjacent properties and s substance as provided in Building Department Policy No. 80-6, to the satisfactj Directors of Planning and Building. 72. The Developer shall submit a street name list consistent with the City’s street nm and subject to the Planning Director’s approval prior to final map approval. 73. All garages shall be equipped with automatic garage door openers. 74. This approval shall become null and void if a final map is not approved for th within 24 months from the date of project approval. 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/exa~tions.~~ 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 Mar 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 br a NOTICE similar to this, or as to which the statute of limitations has previously c expired. ... ... ... ... ... ... PC RES0 NO. 4467 -17- , 0 1 )I PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 Commission of the City of Carlsbad, California, held on the 7th day of, April, 199 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Savary, Segall NOES: ABSENT: Commissioners L’Heweux, Nielsen, and Welshons PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4467 -1 8-