HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 45066
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PLANNING COMMISSION RESOLUTION NO. 4506
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-05 TO
SUBDIVIDE 33.4 ACRES INTO 30 LOTS ON PROPERTY
GENERALLYLOCATEDATTHENORTHEASTCORNEROF
THE INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA’LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO. : CT 98-05
~ WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Arie De Jong, Jr.
Family Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A”- “X” dated March 17, 1999, on file in the Planning
Department DE JONG RESIDENTIAL PROJECT - CT 98-05, as provided by Title 20 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March 1999 and
on the 7th day of April 1999 hold a duly noticed public hearing as prescribed by la& to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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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.
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B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of DE JONG RESIDENTIAL PROJE
98-05, based on the following findings and subject to the following condii
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 P
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 that
being created satisfy all minimum requirements of Title 20 governing lot s
configuration and have been designed to comply with all other applical
regulations except for the maximum panhandle length for Lots 27 and 28 fo
a variance is concurrently recommended for approval.
2. That the proposed project is compatible with the surrounding future land us
surrounding properties to the south and west are designated for single
residential development on the General Plan, in that they are designated a
(Low-Medium Density Residential). Property to the north contains native
The adjacent property to the east will be developed as a City park and is de!
as OS. The open space on-site provides an adequate buffer from the park sit
3. That the site is physically suitable for the type and density of the development s
site is adequate in size and shape to accommodate residential development at the
proposed, in that the project site can accommodate the proposed res
development while providing all required setbacks and other amenities requ
the applicable City regulations.
4. That the design of the subdivision or the type of improvements will not confl
easements of record or easements established by court judgment, or acquired
public at large, for access through or use of property within the proposed subdiv
that prior to recordation of the final map the developer will vacate and adj
easements that conflict with proposed development.
5. That the property is not subject to a contract entered into pursuant to th
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future pa
natural heating or cooling opportunities in the subdivision, in that the PI
development will consist of single family residences with adequate separs
provide residents with adequate air circulation within and surrounding an3
residential units.
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7. That the Planning Commission has considered, in connection with the housing 1
by this subdivision, the housing needs of the region, and balanced those housir
against the public service needs of the City and available fiscal and envirc
resources.
8. That the design of the subdivision and improvements are not likely to cause su
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project is conditioned to include biological mitigation n
addressing the preservation of the resources on the site prior to approval o
map.
9. That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the pra
been designed in accordance with the Best Management practices for water
protection in accordance with the City’s sewer and drainage standards
project is conditioned to comply with the National Pollution Discharge Elr
System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herei
conformance with the Elements of the City’s General Plan, based on the followin1
a. Land Use- The project is consistent with the City’s General Plan s
proposed density of 1.8 ddacre is within the density range of 0-4
specified for the site as indicated on the Land Use Element of the Gene
and is at or below the growth control point of 3.2 du/acre.
b. Circulation - The circulation system is designed to provide adequate :
the proposed lots and complies with all applicable City design standal
C. Noise - The proposed residential project has been conditioned to
construction methods and ventilation systems on designated units in
meet required interior noise levels at second story locations.
d. Housing - That the project is consistent with the Housing Elemen
General Plan and the Inclusionary Housing Ordinance as the Develc
been conditioned to enter into an Affordable housing Agreement to 1
4.2 affordable housing credits in Villa Lorna.
e. Open Space and Conservation - The proposed project will provide 23.
of open space within two open space lots to preserve areas co
sensitive habitat. The project will also provide a 20 foot trail easen
construction of a portion of Trail Segment No. 30.
f. Public Safety - The project includes fire suppression zones to re(
potential for structures to be lost as a result of a fire within open SI
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' 11. The project is consistent with the City-Wide Facilities and Improvements I
2 applicable local facilities management plan, and all City public facility polil
ordinances since:
a. The project has been conditioned to ensure that the final map will not be 2
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In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cam
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this
b. The project has been conditioned to provide proof from the Carlsbad
School District that the project has satisfied its obligation for school f;
lo I/ c. . Park-in-lieu fees are required as a condition of approval.
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d. All necessary public improvements have been provided or are req
conditions of approval.
e. The developer has agreed and is required by the inclusion of an apl
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.
16 12. The project has been conditioned to pay any increase in public facility fee,
requirements established by a Local Facilities Management Plan prepared pm 17 construction tax, or development fees, and has agreed to abide by any a(
18 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.
l9 11 13. This project has been conditioned to comply with any requirement approved as pi
2o ll Local Facilities Management Plan for Zone 20.
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14. That the property cannot be served adequately with a public street without panha
due to unfavorable conditions resulting from unusual topography, surround
development, or lot configuration, in that the areas immediately surrounc
proposed panhandle lots contain sensitive habitat and significant fill would
required based on the existing topography. The use of panhandle lots to i access to this developable area is the most environmentally sensitive
25 ll providing access.
26 15. That subdivision with panhandle lots will not preclude or adversely affect the i
provide full public street access to other properties within the same block of th
27 property, in that access will not be precluded to adjacent properties as thc
currently have access or are steep slopes containing sensitive vegetation and
28 be developed.
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16. That the buildable portion of the lot consists of an area of 8,000 square fee
meets the requirements of Section 21.10.080(d)(l) of the Carlsbad Municipal Coc
17. That the front, sides, and rear property lines, for purposes of determining requirc
are as shown on Exhibit “Y” labeled De Jong Property Panhandle Lot
Exhibit, attached hereto and on file in the Planning Department.
18. That this project could have a potentially significant negative cumulative traffi
on the Palomar Airport Roam1 Camino Real intersection. However, this pn
been conditioned to pay its fair share of the “short-term improvements”
guaranteeing implementation of a mitigation measure that reduces the potential i:
a level of insignificance.
Plannine 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
shall occw substantially as shown in the approved Exhibits. Any proposed dew
different fkom 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/Operator shall and does hereby agree to indemnify, protect, def
hold harmless the City of Carlsbad, its Council members, officers, employees, agt
representatives, from and against any and all liabilities, losses, damages, demand:
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, fkom (a) City’s approval and issuance of this Conditional Use Pe:
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, a
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissior
facility of electromagnetic fields or other energy waves or emissions.
Maps and Exhibits
4. 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
the City Engineer and approved prior to building, grading, final map, or imprc
plan submittal, whchever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan I
reduced legible version of the approving (resolution(s)) on a 24” x 36” blueline (
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve
Permit and signed approved site plan.
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Facilities and Services
6. The final map shall not be approved unless the City Council finds as of the timc
approval that sewer service is available to serve the subdivision.
7. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of aF
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
8. 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 devr
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad hi
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement to
public facilities fee dated February 11, 1998, a copy of which is on file with
Clerk and is incorporated by this reference. If the fees are not paid, this applica
not be consistent with the General Plan and approval for this project will be void.
9. Prior to the issuance of a building permit, the developer shall provide proc
Director from the Carlsbad Unified School District that this project has sat
obligation to provide school facilities.
10. The developer shall post a sign in the sales office in a prominent location that (
which special districts and school district provide service to the project. Said s:
remain posted until ALL of the units are sold.
11. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 20 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
General Conditions
12. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro1
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.
13. Approval of CT 98-05 is granted subject to the approval of ZC 98-02, LCPl
HDP 98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declarati
Mitigation Monitoring and Reporting Program. CT 98-05 is subject to all cc
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 984
98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mi
Monitoring and Reporting Program.
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14. The Developer shall establish a homeowner’s association and corresponding c(
conditions and restrictions. Said CC&Rs shall be submitted to and approve
Planning Director prior to final map approval. Prior to issuance of a building p
Developer shall provide the Planning Department with a recorded copy of thl
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, but
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 ar
Association’s Easements” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the n
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 carried out by the Association within a period
(30) days from the giving of such notice. In the event that the Associatior
carry out such maintenance of the Common Area Lots and/or Assol
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be ent
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perf01
necessary maintenance to either Common Area Lots and/or Assol
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area I
or Association’s Easements. The City shall provide a copy of such in.
each Owner in the Project, together with a statement that if the Associatior
pay such invoice in full within the time specified, the City will pursue cc
against the Owners in the Project pursuant to the provisions of this Sectio
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoic
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the an
the invoice. Thereafter the City may pursue collection from the Associ;
means of any remedies available at law or in equity. Without limi.
generality of the foregoing, in addition to all other rights and remedies a
to the City, the City may levy a special assessment against the Owners of e
in the Project for an equal prorata share of the invoice, plus the late chargc
special assessment shall constitute a charge on the land and shall be a COI
lien upon each Lot against which the special assessment is levied. Each 0
the Project hereby vests the City with the right and power to levy such
assessment, to impose a lien upon their respective Lot and to bring 2
actions and/or to pursue lien foreclosure procedures against any Ow
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hisher respective Lot for purposes of collecting such special asses:
accordance with the procedures set forth in Article of this Decla
d. The required items listed in the Mitigation Monitoring and Reporting Prc
the project.
15. Prior to the approval of the final map, Developer shall submit to the City a I’
Restriction to be filed in the office of the County Recorder, subject to the satisfi
the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Tentative Tract Map, Hillside Development
Coastal Development Permit, and Variance by Resolutions No. 4506,4507,4
4509 on the real property owned by the Developer. Said Notice of Restriction s
the property description, location of the file containing complete project detail,
conditions of approval as well as any conditions or restrictions specified for inc
the Notice of Restriction. The Planning Director has the authority to execute ar
an amendment to the notice which modifies or terminates said notice upon a shc
good cause by the Developer or successor in interest.
16. This approval shall be null and void if the project site subject to this approv;
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The C
not issue any grading, building, or other permit, until the annexation is complet
City Manager is authorized to extend the 60 days, for a period not to ex’
additional 180 days for a total of 240 days from the date of City Council a]
upon a showing of good cause.
17. The Developer shall provide a minimum of 25 percent of the lots with adequate
area for Recreational Vehicle storage pursuant to City Standards. The CC&
prohibit the storage of recreational vehicles in the required front yard setback.
Landscape
18. The Developer shall prepare a detailed landscape and irrigation plan in conformar
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.
19. The first submittal of detailed landscape and irrigation plans shall be accompaniec
project’s building, improvement, and grading plans.
20. Prior to approval of the final map, the Developer shall be required: 1) to consult 7
United States Fish and Wildlife Service (USFWS) regarding the impact of the prl
the Coastal California Gnatcatcher; and, 2) obtain any permits required by the US’
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’ 21. The Developer shall implement, or cause the implementation of, the Dejong Re
2 Project Mitigation Monitoring and Reporting Program.
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22. Prior to the approval of the final map for any phase of this project, the Develc
enter into an Affordable Housing Agreement with the City to purchase 4.2 af
housing credits in the Villa Loma housing project, in accordance
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Cc
draft Affordable Housing Agreement shall be submitted to the Planning Direct01
than 90 days after the California Coastal Commission action on the projc
recorded Affordable Housing Agreement shall be binding on all fbture ow:
successors in interest.
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23. The Developer shall dedicate on the final map, an open space easement for those
of lots 29 and 30 which are (in slopes, wetlands, coastal sage scrub or other co:
land plus all other lands set aside as part of the Citywide Open Space System:
entirety to prohibit any encroachment or development, including but not li
fences, walls, decks, storage buildings, pools, spas, stairways and landscaping o
that approved as part of (the grading plan, improvement plans, biological revz
program, landscape plan, etc.) as shown on Exhibit “A”-“X”, dated March 17,l
24. Removal of native vegetation and development of Open Space Lot(s) 29
including but not limited to fences, walls, decks, storage buildings, pools, spas, s
and landscaping, other than that approved as part of (the grading plan, impr
plans, biological revegetation program, landscape plan, etc.) as shown on Exhi
“X”, dated March 17, 1999, is specifically prohibited, except upon written ord
Carlsbad Fire Department for fire prevention purposes, or upon written approv
Planning Director, and (California Coastal Commission if in Coastal Zone), base
request from the Homeowners Association accompanied by a report from a (
arboristhotanist indicating the need to remove specified trees and/or plants bec
disease or impending danger to adjacent habitable dwelling units. For areas co
native vegetation the report required to accompany the request shall be prepa
qualified biologist.
25. Prior to approval of the final map, the Developer shall provide an irrevocable
dedication to the City of Carlsbad for a trail easement for trail(s) shown on
tentative map) within Open Space Lot(s) 30. If the City of Carlsbad accepts de
of the trail easement, the trail shall be constructed as a public trail and wil
maintenance and liability responsibility of the City of Carlsbad. If the City of (
does not accept dedication of the trail easement, the trail shall still be constructc
shall be constructed as a private trail and shall be the maintenance and
responsibility of the Homeowners Association.
26. The Developer shall pay his fair share for the “short-term improvements tc
Camino ReaVPalomar Airport Road intersection prior to approval of the fin
or the issuance of a grading permit, whichever occurs first. The amount I
determined by the methodology ultimately selected by Council, including 1
limited to, an increase in the city-wide traffic impact fee; an increased or ne 11 PC RES0 NO. 4506 -9-
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20 LFMP fee, the creation of a fee or assessment district; or incorporatia
Mello-Roos taxing district.
Engineering Conditions:
NOTE: Unless specifically stated in the condition, all of the following en1
conditions upon the approval of this proposed major subdivision mus
prior to approval of a final map.
27. 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.
28. There shall be one final subdivision map recorded for this project.
29. All concrete terrace drains shall be maintained by the homeowner's associatic
commonly owned property) or the individual property owner (if on an ind:
owned lot). An appropriately worded statement clearly identiqing the respc
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
30. 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 its
officers, or employees to attack, set aside, void or null an approval of the (
Planning Commission or City Engineer which has been brought against the Cit:
the time period provided for by Section 66499.37 of the Subdivision Map Act.
3 1. Prior to hauling dirt or construction materials to or from any proposed construcl
within this project, the developer shall submit to and receive approval from t
Engineer for the proposed haul route. The developer shall comply with all conditi
requirements the City Engineer may impose with regards to the hauling operation.
32. The developer shall install sight distance comdors at all street intersections in acc
with Engineering Standards and shall record the following statement on the Fil
(and in the CC&Rs if applicable).
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inche
the street level may be placed or permitted to encroach withn the area id
as a sight distance corridor in accordance with City Standard Public Street
Criteria, Section 8.B.3. The underlying property owner shall maint;
condition."
FeedAgreements
33. The developer shall pay all current fees and deposits required.
34. The owner of the subject property shall execute an agreement holding the City h,
regarding drainage across the adjacent property.
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35. The owner shall execute a hold harmless agreement for geologic failure.
36. 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 Lanl
District No. 1 on a form provided by the City.
37. This project is withn the proposed boundary of the Aviara Parkway - Poinsetl
Bridge and Thoroughfare Fee District #2. This project is required to pay a f
contribution towards the construction of Aviara Parkway - Poinsettia :
accordance with the fee program.
Reimbursement Apreements
38. The developer may enter into a reimbursement agreement with the City for
way dedication and for required improvements to Poinsettia Lane as iden
the Aviara Parkway - Poinsettia Lane Bridge And Thoroughfare District Nu
If the agreement is entered into, it must be approved prior to dedication of
way and prior to the beginning of construction.
Gradin2
39. Based upon a review of the proposed grading and the grading quantities showr
tentative map, a grading permit for this project is required. The preliminary soil!
has identified debris, old cars and trash to be removed and disposed of offsi
grading plans for this project shall reflect the areas of removal and shall con
the recommendations contained in the Preliminary Geotechnical Investigatio
January 12,1998.
40. Prior to the issuance of a grading permit or building permit, whichever occurs 1
developer shall submit proof that a Notice of Intention has been submitted to t,
Water Resources Control Board.
41. Upon completion of grading, the developer shall ensure that an "as-graded" geolo;
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 gradin
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 be
permanent record.
Dedicationsfimprovements
42. Additional drainage easements may be required. Drainage structures shall be pro1
installed prior to or concurrent with any grading or building permit as may be reql
the City Engineer.
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43. The owner shall make an offer of dedication to the City for all public stt
easements required by these conditions or shown on the tentative map. The offel
made by a certificate on the final map for this project. All land so offered shall bl
to the City free and clear of all liens and encumbrances and without cost to I
Streets that are already public are not required to be rededicated.
44. The full width of Poinsettia Lane shall be dedicated by the owner along thc
frontage based on a center line to right-of-way width of 51' feet and in conforma
City of Carlsbad Standards.
45. Black Rail Road shall be dedicated by the owner along the project frontage bz
center line to right-of-way width of 30' feet and in conformance with City of
Standards.
46. Direct access rights for all lots abutting Poinsettia Lane shall be waived on the fi
The only exception to this condition is the access to SDG&E facilities and
public trail system.
47. Direct access rights for lots 1 and 20 to Black Rail Road shall be waived on 1
map.
48. 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 approved by the City E
Said plans shall include but not be limited to notifying prospective owners and te
the following:
A. All owners and tenants shall coordinate efforts to establish or wc
established disposal programs to remove and properly dispose of ti
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, ml
antifreeze, solvents, paints, paint thinners, wood preservatives, a
such fluids shall not be discharged into any street, public or private
storm drain or storm water conveyance systems. Use and dis]
pesticides, fungicides, herbicides, insecticides, fertilizers and otk
chemical treatments shall meet Federal, State, County ar
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce
pollutants when planning any changes to the landscaping and
improvements.
49. Plans, specifications, and supporting documents for all public improvements :
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prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the tentative map and the following improvemel
ON-SITE IMPROVEMENTS:
A. Poinsettia Lane full half width improvements (as a 102’ major
within the boundary of this subdivision. Improvements to include bu
limited to full width grading and drainage improvements, A.C. p;
base, curb, gutter & sidewalk, public utilities, median hardscape, ir~
and landscaping within this arterial roadway.
B. Black Rail Road full half width improvements (as a 60’ local street) a
frontage of this project. Improvements include but are not limited to
curb, gutter & sidewalk, A.C. paving & base, irrigation, landscap
public utilities within this roadway.
C. Sewer, Water and Storm Drains onsite and offsite to serve this subdil
required and as shown on the tentative map.
D. Check Dams downstream of drainage outlets across open space 1(
shown on the tentative map and as required downstream to control
velocity of drainage. Location and design of these check dam;
determined in final design of this project, subject to the approval of
Engineer.
OFF-SITE IMPROVEMENTS:
E. The fully improved median portion of Poinsettia Lane, a 102’ wid4
arterial plus an 18 foot wide lane. The offsite improvement of Poinsetl
shall include but not be limited to full width grading, transitions, AC
drainage facilities, and median curbs as identified in the Aviara Pa:
Poinsettia Lane Bridge and Thoroughfare District Number 2.
F. Offsite transitions and/or reconstruction may be required for Blal
Road and for Poinsettia Lane to provide a smooth transition
satisfaction of the City Engineer.
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.
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
50. Drainage outfall end treatments for any drainage outlets where a direct access I
maintenance purposes is not provided, shall be designed and incorporated :
gradinghmprovement plans for the project. These end treatments shall be designed
prevent vegetation growth from obstructing the pipe outfall all to the satisfaction of 1
Engineer.
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Final Map Notes
5 1. Note(s) to the following effect(s) shall be placed on the final map as non-mapping
78.C.2.The owner of this property on behalf of itself and all of its SUCCI
interest has agreed to hold harmless and indemnify the City of
from any action that may arise through any geological failure
water seepage or land subsidence and subsequent damage that m
on, or adjacent to, this subdivision due to its construction, ope:
maintenance.
78.C.l.Slopes steeper than two parts horizontal to one part vertical exi;
the boundaries of this subdivision.
78.C.2.The owner of this property on behalf of itself and all of its succt
interest has agreed to hold harmless and indemnify the City of (
from any action that may arise through any Joint Access and Ut
any subsequent damage that may occur on, or adjacent
panhandle/flag lot design for lots 27 & 28 of this subdivision d
construction, operation or maintenance.
78.D. No structure, fence, wall, tree, shrub, sign, or other object over 3
above the street level may be placed or permitted to encroach wj
area identified as a sight distance corridor in accordance wj
Standard Public Street-Design Criteria, Section 8.B.3. The uni
property owner shall maintain this condition.
Final Map Notes
52. The Developer shall provide the following note on the final map of the subdivi2
final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code established a Growth Man;
Control Point for each General Plan land use designation. Development cannot
the Growth Control Point except as provided by Chapter 21.90. The land use desi
for this development is RLM, 3.2 dwelling units per non-constrained acre.
Parcels 1 through 30 were used to calculate the intensity of development ur
General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of
of these parcels must also include parcels 1 through 30 under the General P
Chapter 21.90 of the Carlsbad Municipal Code.”
53. The following note shall be placed on the Final Map: “Prior to issuance of a k
permit for any buildable lot within the subdivision, the Developer shall pay a o
special development tax in accordance with the City Council Resolution No. 91-35
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54. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
55. The project shall comply with the latest non-residential disabled access reql
pursuant to Title 24 of the State Building Code.
56. The Developer shall submit a street name list consistent with the City’s str
policy subject to the Planning Director’s approval prior to final map approval.
57. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
58. Any signs proposed for this development shall at a minimum be designed in con.
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
Fire Conditions:
59. Structures on lots 27 and 28 shall be constructed in conformance with Section 5
1997 edition of the Urban Wildland Interface Code.
Water Conditions:
60. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The S;
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
6 1. The Developer shall provide detailed information to the District Engineer regardj
demand, irrigation demand, fire flow demand in gallons per minute, and project
flow in million gallons per day.
62. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to insure that adequate ’
pressure and flow demands can be met.
63. All District pipelines, pump stations, pressure reducing stations and appur
~ required for this project by the District shall be within public right-of-way c
easements granted to the District or the City of Carlsbad.
64. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirement:
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B. Prepare and submit a colored recycled water use area map and submit this mi
Planning Department for processing and approval by the District Engineer.
C. Prior to the preparation of sewer, water and recycled water improvement p
Developer shall submit preliminary system layouts to the District Engi
review, comment and approval.
65. The following note shall be placed on the final map. “This project is approved
expressed condition that building permits will not be issued for developmer
subject property unless the District serving the development has adequate w
sewer capacity available at the time development is to occur, and that such m
sewer capacity will continue to be available until time of occupancy.
66. All potable water and recycled water meters shall be placed within public right oi
67. The following items shall apply if checked:
No more than 19 homes shall be served on a single potable water distribution
For those locations with more than 19 homes, a looped potable water pipelin
shall be designed.
68. The Developer will be responsible for construction of all sewer mains as necessa~
service of this project. Construction of the sewer main within Poinsettia L
include connection to the existing sewer in Poinsettia Lane at the western bou
Aviary Planning Area 111.
69. The Developer will be responsible for the construction of approximately 1800 11
of 18” PVC recycled water main, approximately 1800 lineal feet of 12” PVC
water main and approximately 1800 lineal feet of 30” welded steel potable wi
along Poinsettia Lane from Black Rail Road to the boundary of Aviara Planning
The Developer’s Engineer will show the recycled water main and the potable 1
the Poinsettia Lane Improvement Plans. The Developer will be reimbursed for tl
construction of the recycled water main and the potable water mains as describ
in accordance with terms of a signed reimbursement agreement between the
Municipal Water District and the Developer.
General:
70. If any of the foregoing conditions fail to occur; or if they are, by their terr
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or further condition issua~
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 viol;
vested rights are gained by Developer or a successor in interest by the City’s ap
this Tentative Tract Map.
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Standard Code Reminders:
71. The tentative map approval shall expire twenty-four (24) months from the
Planning Commission document approving this subdivision.
72. 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.
73. Some improvements shown on the tentative map and/or required by these condi
located offsite on property which neither the City nor the owner has sufficien
interest to permit the improvements to be made without acquisition of title or
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Cod
74. The Developer shall pay park-in-lieu fees to the City, prior to the approval of
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
75. The Developer shall pay a landscape plan check and inspection fee as required bJ
20.08.050 of the Carlsbad Municipal Code.
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 Code
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/€
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 feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously a
expired.
I
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0 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
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’Heuret
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
@// /
v- COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4506 -18-
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