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HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 44970 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 PLANNING COMMISSION RESOLUTION NO. 4497 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 174 ACRES INTO 181 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF AGUA HEDIONDA LAGOON NORTH OF VETERANS’ MEMORIAL PARK, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CT 97-16 WHEREAS, Kelly Land Company, “Developer”, has filed a verified ap with the City of Carlsbad regarding property owned by Kelly Land Company, “ APPROVAL OF CARLSBAD TRACT NUMBER CT 97-16 TO described as A portion of Lot “I” of Rancho Agua Hedionda and a portion of Lot “F” of Rancho Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896, (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentati Map as shown on Exhibit(s) “A” - “M’ dated April 7, 1999, on file in the Planning De KELLY RANCH, CT 97-16, as provided by Chapter 20.12 of the Carlsbad Municip and WHEREAS, the Planning Commission did, on the 7th day of April 199 duly noticed public hearing as prescribed by law to 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 0 a 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor RECOMMENDS APPROVAL of KELLY RANCH, CT 97-16, base following findings and subject to the following conditions: Findinm: 1. That the proposed map and the proposed design and improvement of the subdi conditioned, is consistent with and satisfies all requirements of the General 1 Mello I1 segment of the Local Coastal Program, any applicable specific plans, ' and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and cause serious public health problems, in that the proposed grading includes 1 measures to stabilize slopes, the subdivision is not located within close prox land uses which are known to cause health problems, and the extent and ql of grading are within prescribed limits. 2. That the proposed project is compatible with the surrounding future land us surrounding properties are designated for open space and residential develop the General Plan. 3. That the site is adequate in size and shape to accommodate residential developmt density proposed and is therefore physically suitable for the type and densit development, in that the subdivision proposes a number of dwelling units 3 within the density range allowed by the General Plan and the Mello I1 seg the Local Coastal Program. 4. That the design of the subdivision or the type of improvements will not confj easements of record or easements established by court judgment, or acquirec public at large, for access through or use of property within the proposed subdiv that no structure is proposed within any restricted easement and access reql any easement for service purposes has been protected. 5. That the property is not subject to a contract entered into pursuant to tl Conservation Act of 1965 (Williamson Act) and is not subject to the agri preservation policies of the Mello I1 segment of the Local Coastal Program. 6. That the design of the subdivision provides, to the extent feasible, for future p: natural heating or cooling opportunities in the subdivision, in that there are no 11 structure design which would prohibit passive or natural heating or opportunities and the site has coastal breezes and north, south, east, a] exposure which could be used to the advantage of designing such energy ( structures. 7. That the Planning Commission has considered, in connection with the housing p by this subdivision, the housing needs of the region, and balanced those housir against the public service needs of the City and available fiscal and enviro resources. PC RES0 NO. 4497 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 8. That the design of the subdivision and improvements are not likely to cause SL environmental damage nor substantially and avoidably injure fish or wildlife habitat, in that the project has been reviewed and analyzed in an Enviro Impact Report and all but cumulative impacts to air quality and traffic mitigated to levels of less than significant. 9. That the discharge of waste from the subdivision will not result in violation oj California Regional Water Quality Control Board requirements, in that the prc been conditioned and designed to comply with all NPDES standards. 10. The Planning Commission finds that the project, as conditioned herein for KellJ is in conformance with the Elements of the City's General Plan, based on the follc A. Land Use: The project as amended by mitigation measures is consis- the City's General Plan since the proposed density of single family lob ddacre is within the density range of (0-4) ddacre specified for thl indicated on the Land Use Element of the General Plan, and is at or b growth control point of 3.2 and the density of the multi-family lots determined through approval of a Site Development Plan and w conformance with the applicable growth control point. 13 14 B. Circulation: The project will provide Cannon Road improvements w 15 Circulation Element roadway. C. Noise: The project was analyzed for noise impacts related to Cannc and mitigation has been included as a condition of approval. 16 17 18 19 20 21 22 D. Housing: That the project is consistent with the Housing Element of the Plan and the Inclusionary Housing Ordinance as the Developer has enterel Affordable Housing Agreement to provide and deed restrict 132 dwelling affordable to lower-income households. I E. Open Space and Conservation: The project provides significant : General Plan Open Space which supports open space conservat natural habitats preservation. F. Public Safety: The project will be adequately served by public safety and personnel. 23 II G. Parks and Recreation: The project has been conditioned to pay par1 24 // fees. 25 26 City public facility policies and ordinances since: 11. The project is consistent with the City-Wide Facilities and Improvements E applicable local facilities management plan as amended concurrently herewith, 27 28 A. The project has been conditioned to ensure that building permits will not 1 for the project unless the applicable agency determines that sewer a services are available, and building cannot occur within the project unl 11 PC RES0 NO. 4497 -3 - e 0 1 2 3 4 remain available, and the applicable agency is satisfied that the requirer the General Plan have been met insofar as they apply to sewer and watel for this project. B. The project has been conditioned to provide proof from the Carlsbad District that the project has satisfied its obligation for school facilities. 5 C. Park-in-lieu fees are required as a condition of approval. 6 7 D. All necessary public improvements have been provided or are req conditions of approval. 8 9 10 E. The developer has agreed and is required by the inclusion of an apy condition to pay a public facilities fee. Payment of the fee will enable this find that public facilities will be available concurrent with need as require General Plan. 11 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 a( Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availa 12 requirements established by a Local Facilities Management Plan prepared pur 13 public facilities and will mitigate any cumulative impacts created by the project. 14 15 16 17 18 19 13. That all necessary public facilities required by the Growth Management Ordina be constructed or are guaranteed to be constructed concurrently with the need 1 created by this project and in compliance with adopted City standards, in that this has been conditioned to comply with any requirement approved as part of th Facilities Management Plan for Zone 8. 14. The Planning Commission has reviewed each of the exactions imposed on the Dt contained in this resolution, and hereby finds, in this case, that the exactions are i to mitigate impacts caused by or reasonably related to the project, and the extent degree of the exaction is in rough proportionality to the impact caused by the projc 2o 11 Conditions: 21 I/ 1. Staff is authorized and directed to make, or require Developer to make, all COI 22 23 24 25 26 27 28 and modifications to the Tentative Tract Map document(s) necessary to mal internally consistent and in conformity with final action on the project. Deve shall occur substantially as shown in the approved Exhibits. Any proposed deve: different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, a~ ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24" x 36", mylar cop Tentative Map as approved by the final decision making body. The Tentati shall reflect the conditions of approval by the City. The Map copy shall be subn 1 II PC RES0 NO. 4497 -4- 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 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 dr. 5. Building permits will not be issued for development of the subject property u: applicable agency determines that sewer and water facilities are available at thc application for such permits and will continue to be available until time of occup note to this effect shall be placed on the final map. 6. 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 devc fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h Code or other ordinance adopted to implement a growth management system or i and Improvement Plan and to fulfill the developer’s/subdivider’s agreement to public facilities fee dated August 29, 1997, a copy of which is on file with the C: and is incorporated by this reference. If the fees are not paid, this application wi consistent with the General Plan and approval for this project will be void. 7. This project shall comply with all conditions and mitigation measures which are as part of the Zone 8 Local Facilities Management Plan and any amendments that Plan prior to the issuance of building permits, including, but not limite following: A. Full width improvements to Cannon Road along the project frontage. B. Reduced width Park Drive improvements. C. Half street improvements to El Camino Real. 8. If any condition for construction of any public improvements or facilities, or the 1 of any fees in-lieu thereof, imposed by this approval or imposed by law on this re housing project are challenged this approval shall be suspended as prov Government Code Section 66020. If any such condition is determined to be inv approval shall be invalid unless the City Council determines that the project wit! condition complies with all requirements of law. 9. The Developer shall establish a homeowner’s association and corresponding co conditions and restrictions. Said CC&Rs shall be submitted to and approved 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. 4497 -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 ~ ~ A. General Enforcement by the City. The City shall have the right, bui obligation, to enforce those Protective Covenants set forth in this Decla favor of, or in which the City has an interest. B. Failure of Association to Maintain Common Area Lots and Easements event that the Association fails to maintain the “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 thc setting forth with particularity the maintenance which the City finds to be and requesting the same be carried out by the Association within a period (30) days from the giving of such notice. In the event that the Associatio cany 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 fi-om the Owners as provided herein. C. Special Assessments Levied by the City. In the event the City has perfo necessary maintenance to either Common Area Lots and/or 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 il each Owner in the Project, together with a statement that if the Associatic 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 Secti 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 lim 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 CI 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 suc assessment, to impose a lien upon their respective Lot and to bring actions and/or to pursue lien foreclosure procedures against any 01 hidher respective Lot for purposes of collecting such special asses accordance with the procedures set forth in Article of this Decla 27 10. This approval shall be null and void if the project site subject to this appro1 annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The ( 28 not issue any grading, building, or other permit, until the annexation is comple PC RES0 NO. 4497 -6- @ 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 City Manager is authorized to extend the 60 days, for a period not to exceed upon a showing of good cause. 11. 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 pric approval of the final map, grading permit, or building permit, whichever occurs f Developer shall construct and install all landscaping as shown on the approved p maintain all landscaping in a healthy and thriving condition, free from weeds, ti debris. 12. The Developer shall provide bus stops to service this development at locations reasonable facilities to the satisfaction of the North County Transit District Planning Director. Said facilities, if required, shall at a minimum include a be from advertising, and a pole for the bus stop sign. The bench and pole shall be ( to enhance or consistent with basic architectural theme of the project. 13. The Developer shall display a current Zoning and Land Use Map in the sales off times, or suitable alternative to the satisfaction of the Planning Director. 14. All sales maps that are distributed or made available to the public shall include b limited to trails, future and existing schools, parks and streets. 15. Prior to approval of the final map, the Developer shall be required: 1) to consult United States Fish and Wildlife Service (USFWS) regarding the impact of the PI the Coastal California Gnatcatcher; and, 2) obtain any permits required by the US 16. The Developer shall implement, or cause the implementation of, the Kelly Rand Mitigation Monitoring and Reporting Program. 17. The Developer, or their successors in interest, shall improve the project site project as described in the Final EIR 98-05, except as modified by this resolution. 18. Paleontology: A. Prior to any grading of the project site, a paleontologist shall be ret: perform a walkover survey of the site and to review the grading I determine if the proposed grading will impact fossil resources. A cop: paleontologist’s report shall be provided to the Planning Director prior to j of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspectior site and to salvage exposed fossils. Due to the small nature of some of tht present in the geologic strata, it may be necessary to collect matrix Sam laboratory processing through fine screens. The paleontologist shal periodic reports to the Planning Director during the grading process; PC RES0 NO. 4497 -7- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I C. The paleontologist shall be allowed to divert or direct grading in the a exposed fossil in order to facilitate evaluation and, if necessary, salvage a D. All fossils collected shall be donated to a public, non-profit institutio research interest in the materials, such as the San Diego Natural History 1 E. Any conflicts regarding the role of the paleontologist and the grading act the project shall be resolved by the Planning Director and City Engineer. 19. Prior to the recordation of the final map or the issuance of building permits, w occurs first, the Developer shall prepare and record a Notice that this propert! subject to noise impacts from the Cannon Road Transportation Corridor, ir meeting the approval of the Planning Director and City Attorney (see Noise FOI file in the Planning Department). 20. The Developer shall construct 132 inclusionary units concurrent Y development of market rate units, pursuant to the City approved Kell; Affordable Housing Agreement adopted by City Council on July 28, : Resolution No. 98-257. 21. The Developer shall dedicate on the final map, an open space easement to the those portions of lots 156 through 178 which are in 40% or greater slopes, T coastal sage scrub or other constrained land plus all other lands set aside as pa Citywide Open Space System in their entirety to prohibit any private encroacl development, including but not limited to fences, walls, decks, storage building spas, stairways and landscaping other than that allowed as part of a City 2 grading plan, improvement plan, biological revegetation program, trail plan, 1; plan, etc. 22. Removal of native vegetation in Lot(s) 158-160,163,164,166, 171, 172, and 171 specifically prohibited, except upon written order of the Carlsbad Fire Departmen prevention purposes, or upon written approval of the Planning Director, based request from the Homeowners Association accompanied by a report from a ( arboristhotanist indicating the need to remove specified trees andlor plants ber disease or impending danger to adjacent habitable dwelling units. For areas co native vegetation the report required to accompany the request shall be prepar qualified biologist. 23. Prior to approval of the final map, the Developer shall provide an irrevocable dedication to the City of Carlsbad for trail easements for portions of trail segn, and 24 consistent with the Open Space Conservation and Resource Mana Plan located within Lot(s) 161, 163, 164, 165, 168, 175, 177, and 178 an construct same trail segments according to the standards described in th Space Conservation and Resource Management Plan or as modified to If the City of Carlsbad accepts dedication of the trail easement, the trail : constructed as a public trail and will be the maintenance and liability responsi; I impacts to slopes and biological habitat to the satisfaction of the Planning D PC RES0 NO. 4497 -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 ~ 1 24. 25. 26. 27. 28. 29. 30. ~ 31. the City of Carlsbad. If the City of Carlsbad does not accept dedication of easement, the trail shall still be constructed but it shall be constructed as a pril and shall be the maintenance and liability responsibility of the Hon Association. This approval is for subdivision of the property into 179 lots. Sul development of lots 1-157, 161, 162, 165, 167, 168, 169, 176 and 179 approval of individual or common Site Development Plan(s) by the 1 Commission. Prior to the issuance of building permits, the design of the recreationa storage facility on Lot 161 shall have been reviewed and approved as a: storage facility for Planning Areas A, D, G, H, E, I and J by the I Commission. Review and approval shall be completed as part of any sul: PUD or SDP request for Planning Areas I or J. The recreational vehicle storage facility on Lot 161 shall be completed and 2 prior to occupancy of any unit within Planning Areas I or J. No grading permit shall be issued for any portion of CT 97-16 other than WI Cannon Road and Faraday Avenue limits of work as shown on the respect approved improvement plans until after final action by the Coastal Commi: LCPA 97-09, excepting therefrom any surcharge and borrow site work that done for the construction of Cannon Road, as approved by the Planning 1 and City Engineer and as in substantial conformance with CDP 98-39A. A deed restriction shall be placed on lot 179 limiting its use to day care an 167 for use by the Agua Hedionda Lagoon Foundation as a Naturemisitor Ct CT 97-16 is subject to final approval of all other actions including but not liI approval of LCPA 97-09 by the California Coastal Commission (CCC). Sucl approval shall occur prior to final map or issuance of a grading permit wh occurs first, excepting therefrom any surcharge and borrow site work that I done for the construction of Cannon Road, as approved by the Planning 1 and City Engineer and as in substantial conformance with CDP 98-39A. The Developer shall pay his fair share for the “short-term improvements” tc Camino Real/ Palomar Airport Road intersection prior to the issuance of a b permit. The amount shall be determined by the methodology ultimately sele Council, including but not limited to, an increase in the city-wide traffic imp an increased or new Zone 8 LFMP fee; the creation of a fee or assessment t or incorporation into a Mello-Roos taxing district. The developer shall execute a covenant for reciprocal access easeme. maintenance agreement for lots 167 and 179. I ... PC RES0 NO. 4497 -9- 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 Enpineerinp: 32. The developer shall provide an acceptable means for maintaining the private e; within the subdivision such as private: streets, sidewalks, street lights, stor 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 in a document subject to the approval of the City Engineer. 33. Prior to issuance of any building permit, the developer shall comply \ requirements of the City’s anti-graffiti program for wall treatments if and whe: program is formerly established by the City. 34. There shall be one final subdivision map recorded for this project. 35. 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 condil requirements the City Engineer may impose with regards to the hauling operation Note Unless specifically stated in the condition, all of the following engineering COI upon the approval of this proposed major subdivision, must be met prior to approval o map. 36. All concrete terrace drains shall be maintained by the homeowner’s associatio commonly owned property) or the individual property owner (if on an indi owned lot). An appropriately worded statement clearly identifying the respo shall be placed in the CC&Rs (if maintained by the Association) and on the Final 37. The developer shall defend, indemnify and hold harmless the City and its agents, 1 and employees from any claim, action or proceeding against the City or its officers, or employees to attack, set aside, void or null an approval of the C Planning Commission or City Engineer which has been brought against the Cit! the time period provided for by Section 66499.37 of the Subdivision Map Act. 38. The developer shall provide for sight distance corridors in accordance with Eng Standards, the tentative map, and as indicated in the “Special Conditions”; ar record the following statements on the conforming mylar tentative m: landscape concept plan: A. Mature vegetation within the site line area of all intersections shal 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 tk level shall be placed or permitted to encroach within the area identified as distance comdor in accordance with City Standards and the tentative mi underlying property owner, or homeowner’s association shall maint condition. ~ PC RES0 NO. 4497 -10- 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 FeedAgreements 39. This project is within the proposed boundary of the Cannon Road West Br Thoroughfare Fee District. This project is required to pay a fair share COT towards the construction of Cannon Road in accordance with the proposed fee prl 40. The developer shall pay all current fees and deposits required. 41. The owner of the subject property shall execute an agreement holding the City regarding drainage across the adjacent property. 42. The owner shall execute a hold harmless agreement for geologic failure. 43. 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. Grading 44. Prior to the issuance of a grading permit, the developer shall submit proof that a 7 Intention has been submitted to the State Water Resources Control Board. 45. 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 mus and receive approval for grading plans in accordance with City codes and standar( 46. Upon completion of grading, the developer shall ensure that an "as-graded" geolc is submitted to the City Engineer. The plan shall clearly show all the geology as by the grading operation, all geologic corrective measures as actually construc must be based on a contour map which represents both the pre and post site gradir plan shall be signed by both the soils engineer and the engineering geologist. 1 shall be prepared on a 24" x 36" mylar or similar drafting film and shall bt permanent record. 47. No grading for private improvements shall occur outside the limits of the sub unless a grading or slope easement or agreement is obtained from the owner affected properties and recorded. If the developer is unable to obtain the grading easement, or agreement, no grading permit will be issued. In that case the develo] either amend the tentative map or modify the plans so grading will not occur OUI project site in a manner which substantially conforms to the approved tentative determined by the City Engineer and Planning Director. 48. Cannon Road has been designed as a balanced grading project. To facilil grading and development of the private portions of Kelly Ranch, Cannon Rc been used as a borrow site. In consideration for Cannon Road having been a borrow site, the developer shall grade the Kelly Ranch Core Area so 1 material is reciprocally available for the completion of Cannon Road and material will not be required for Cannon Road. If import material is reqt I PC RES0 NO. 4497 -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 shall be imported at the sole expense of the Kelly Ranch Core Area develope: Dedications/Improvements 49. Direct access rights for all lots abutting Cannon Road shall be waived on the fir including Planning Area ‘F’ (except for the driveway location that was pr approved in conjunction with the Agua Hedionda Nature Center Site Deve Plan (SDP 98-15) at Planning Area ‘F’). 50. The owner shall make an offer of dedication to the City for all public str easements required by these conditions or shown on the tentative map, incl standard knuckle and curb returns at the “AA” StreeV’BB” Street inters proposed Lot 163 (Area ‘D’). The offer shall be made by a certificate on the f for this project. All land so offered shall be granted to the City free and clear of and encumbrances and without cost to the City. Streets that are already public required to be rededicated. 5 1. Prior to issuance of building permits, or as approved by the City Engineer, the d shall underground all existing overhead utilities along and within the subdivision. 52. The developer shall comply with the City’s requirements of the National 1 Discharge Elimination System (NPDES) permit. The developer shall prov management practices as referenced in the “California Storm Water Best Man Practices Handbook” to reduce surface pollutants to an acceptable level prior to d to sensitive areas. Plans for such improvements shall be prepared by the develo approved by the City Engineer. Said plans shall include but not be limited to r prospective owners and tenants of 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, m( antifreeze, solvents, paints, paint thinners, wood preservatives, and otl fluids shall not be discharged into any street, public or private, or into st01 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 p( when planning any changes to the landscaping and surface improvements. 53. Plans, specifications, and supporting documents for all public improvements prepared to the satisfaction of the City Engineer. In accordance with City Stand; developer shall install, or agree to install and secure with appropriate security as I by law, improvements shown on the tentative map, and in accordance w following: PC RES0 NO. 4497 -12- a 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 A. Install a fully actuated traffic signal at the intersection of Cannon R Faraday Avenue. The developer shall be eligible for a proportiona reimbursement for their design and construction costs of this traffi The developer shall calculate reimbursement costs and prep reimbursement request. The reimbursement request shall inch documentation, which shall be reviewed to the satisfaction of, and a by, the City Engineer. B. Install a fully actuated traffic signal at the intersection of Faraday and “BB” street, including a traffic signal interconnect with the : Avenue/Cannon Road traffic signal. C. Full Major Arterial improvements to Cannon Road, includ landscaped raised median, from the southerly boundary of KellJ Village “E” (CT 96-07) to the southerly boundary of CT 97-1( developer shall enter into a reimbursement agreement and shall be for fee credit and/or reimbursement for their portion of the Cannc common improvements as defined in the Cannon Road West B Thoroughfare District. D. Full on-site public street improvements to “AA, BB, CC, DD, EE, 1 HH, C, E and F Streets.” E. Full off-site public street improvements for “BB” Street to Faraday A F. Full Faraday Avenue public street improvements, from “BB” S Cannon Road. The developer shall be eligible for a proportional reimbursement for their design and construction costs of this roadw; developer shall calculate reimbursement costs and prepa reimbursement request. The reimbursement request shall inch documentation, which shall be reviewed to the satisfaction of, and a] by, the City Engineer. G. South Agua Hedionda Interceptor permanent sewer (dry line) (SDI Sewer Line ‘B’) along the project frontage within Cannon Road, COE to the “dry line” in Cannon Road, at the southerly boundary of KellJ Village “E” (CT 96-07). . The developer shall be eligible for a propo share reimbursement for their design and construction costs of thi line. The developer shall calculate reimbursement costs and prep reimbursement request. The reimbursement request shall inch documentation, which shall be reviewed to the satisfaction of, and a] by, the City Engineer. H. Temporary Sewer Line ‘A & D’. I. Permanent on-site sewer lines. J. Permanent on-site water lines. K. Permanent off-site water lines. L. Temporary lift station. ~ M. Emergency overflow pipeline from the wet well of the temporary lift to the south Agua Hedionda Interceptor Sewer. (In accordance with ( District Engineer correspondence, dated 11/6/97.) 1 PC RES0 NO. 4497 -13- 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 N. Manhole covers at all locations on the collector sewer system shall b the 24’ elevation. (In accordance with CMWD District E correspondence, dated 11/6/97.) 0. Widen and fully improve one half of El Camino Real from Cannon the improvements being installed for the Rancho Real (CT 90-13) This shall include the construction of an 18’ wide raised median F landscape and hardscape improvements. Minor modifications to impacts to the adjoining wetlands may be allowed. Those modificatic be to the right-of-way and/or improvement widths if required by res; resource agencies. Those modifications must be to the satisfaction of 1 Engineer. A reimbursement agreement may be entered into between the C Developer for one half cost of the median improvements. The reimbu may require the owner of the frontage on the northeasterly side of El Real (Robertson property) to refund the cost of half improvement developer of the Kelly Ranch development that paid for the raised improvements. A reimbursement agreement may also be enter between the City and Developer for full cost of the improvement! southwesterly side of El Camino Real. The reimbursement may req owner of the frontage on the northeasterly side of El Camir (Robertson property) to refund the cost of full improvements developer of the Kelly Ranch development that paid for the southwes Camino Real improvements, that are considered off-site for Kelly Ral on-site for the Robertson property. If there is a delay caused by the resource agencies, for the f improvements to El Camino Real, the Final Map may be approved F bonding for design, construction and any necessary easements fo required improvements. P. Widen and improve Park Drive to a reduced section, as determin approved by the City Engineer (in accordance with rescinded Mast 174, Page’s 46 & 56). This condition may be satisfied by Developer 6 into an agreement with the City which obligates Developer to const] required Park Drive improvements when and as Kelly Ranch Plannil (Village) ‘A’ is developed. The Developer shall also create and r Declaration of Restrictions which shall include the acknowledgment condition, acknowledging that the obligation shall run with the la1 specifically allocate the fulfillment of the condition to the Develope successor in interest to Planning Area (Village) ‘A.’ A list of the above improvements shall be placed on an additional map sheet on 1 map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impro shall be constructed within 18 months of approval of the secured improvement ag or such other time as provided in said agreement. 54. Drainage out-fall end treatments for any drainage outlets where a direct access : maintenance purposes is not provided, shall be designed and incorporated ! gradinghmprovement plans for the project. These end treatments shall be design PC RES0 NO. 4497 -14- 0 e 1 2 3 4 5 to prevent vegetation growth from obstructing the pipe out-fall. Designs could c~ a modified outlet headwall consisting of an extended concrete spillway sectj longitudinal curbing and/or radially designed rip-rap, or other means deemed app as a method of preventing vegetation growth directly in front of the pipe outle satisfaction of the Community Services Director and the City Engineer. Final Map Notes 6 ll 55. Notes to the following effect shall be placed on the final map as non-mapping dat; 7 8 9 10 11 12 13 14 15 16 17 18 19 A. This subdivision contains a remainder parcel. No building permit shall b for the remainder parcel until it is further subdivided pursuant to the prov Title 20 of the Carlsbad Municipal Code. B. The owner of this property on behalf of itself and all of its successors in has agreed to hold harmless and indemnify the City of Carlsbad from an 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. C. No structure, fence, wall, sign, or other object over 30 inches above tl level shall be placed or permitted to encroach within the area identified a! distance corridor in accordance with City Standards and the tentative m; underlying property owner, or homeowner’s association shall maint condition. D. Mature vegetation within the site line area of all intersections shal greater than 30” in height or have a canopy no less than 8’ in height. E. All improvements included in the site development plan (SDP 98- private and are to be privately maintained with the exception of the followi 20 II i) Sewer lines within publicly dedicated easements. 21 22 23 24 25 26 ii) Water lines within publicly dedicated easements. Special Conditions The intersections of Private Driveway “T”/”AA” Street (proposed Lot 16: ‘D’), Private Driveway “CC”/”AA” Street (proposed Lot 165, Area ‘D’) and Driveway “CC”/”BB” Street (proposed Lot 168, Area ‘G’) shall have cle minimum corner sight distance sight lines. Only minimal ground cover s permitted within these sight line areas. These clear sight lines shall be shown Landscape Concept plan conforming mylar 27 11 56. The Zone 8 Local Facilities Management Plan full amendment shall be apprc 28 I( City Council prior to Final Map. PC RES0 NO. 4497 -15- 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 Water: 57. The Developer shall be responsible for all fees, deposits and charges whicl collected before and/or at the time of issuance of the building permit. The S, County Water Authority capacity charge will be collected at the issuance of ap for any meter installation. 58. The Developer shall provide detailed information to the District Engineer regardi demand, irrigation demand, fire flow demand in gallons per minute, and project flow in million gallons per day. 59. The entire potable water system, reclaimed water system and sewer system evaluated in detail by Developer and District Engineer to insure that adequate pressure and flow demands can be met. 60. All District pipelines, pump stations, pressure reducing stations and appurtena this project by the District shall be within public right-of-way or within e; granted to the District or the City of Carlsbad. 61. Prior to subsequent discretionary approvals, sequentially the developer’s engin 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 Engil C. Prior to the preparation of sewer, water and recycled water improveme1 the Developer shall submit preliminary system layouts to the District Eng review, comment and approval. 62. The following note shall be placed on the final map: “This project is approved upon the expressed condition that building perr not be issued for development of the subject property unless the agency the development has adequate water and sewer capacity available at t development is to occur, and that such water and sewer capacity will cor be available until time of occupancy.’’ 63. All potable water and recycled water meters shall be placed within public right-of: 64. No more than 19 homes shall be served on a single potable water distribution I For those locations with more than 19 homes, a looped potable water pipeline shall be designed and shown on exhibits submitted for subsequent discrc approvals. ... 1 PC RES0 NO. 4497 -1 6- 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 Fire: 65. Prior to the issuance of a building permit, the applicant shall obtain fire del approval of a wildland fuel management plan. The plan shall clearly indi methods proposed to mitigate and manage fire risk associated with native vc growing within 60 feet of structures. The plan shall reflect the standards present1 fire suppression element of the City of Carlsbad Landscape Guidelines Manual. 66. Prior to occupancy of buildings, all wildland fuel mitigation activities must be c and the condition of all vegetation within 60 feet of structures found to be in confc with an approved wildland fuel management plan. 67. The applicant shall provide a street map which conforms with the fc requirements: A 400 scale photo-reduction mylar, depicting proposed improvem at least two existing intersections or streets. The map shall also clearly depi centerlines, hydrant locations and street names. 68. Approval of CT 97-16 is granted subject to the approval of CDP 97-43, PUI and HDP 97-17. General: 69. If any of the foregoing conditions fail to occur; or if they are, by their term implemented and maintained over time, if any of such conditions fail tcl implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuanc future building permits; deny, revoke or fwther condition all certificates of oc( issued under the authority of approvals herein granted; institute and prosecute li to compel their compliance with said conditions or seek damages for their viola1 vested rights are gained by Developer or a successor in interest by the City’s app this Tentative Tract Map. Code Reminders: 7 1. An all weather, unobstructed access road suitable for emergency service vehicles 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 L condition is corrected. 72. All required water mains, fire hydrants and appurtenances shall be operational combustible building materials are located on the construction site. 73. The developer shall exercise special care during the construction phase project to prevent off-site siltation. Planting and erosion control shall be PI in accordance with the Carlsbad Municipal Code and the City Engineer. 74. Some improvements shown on the tentative map and/or required by these condit located off-site of the property which the owner has insufficient title or interest tc PC RES0 NO. 4497 -17- 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 the improvements to be made without acquisition of title or interest. The develc conform to Section 20.16.095 of the Carlsbad Municipal code. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dec reservations, or other exactions hereafter collectively referred to for conveni “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/e If you protest them, you must follow the protest procedure set forth in Government Cod1 66020(a), and file the protest and any other required information with the City Ma1 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 1 project; NOR DOES IT APPLY to any fees/exactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously o expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the I Commission of the City of Carlsbad, California, held on the 7th day of April 1999 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure~ Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ABS-/ ~~~ -1 - .N, Chairperson COURNTEY E. HEN- CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4497 -1 8-