HomeMy WebLinkAbout1999-05-19; Planning Commission; Resolution 4549.a
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PLANNING COMMISSION RESOLUTION NO. 4549
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CAFZSBAD TRACT NUMBER CT 98-12 TO
SUBDIVIDE 4.93 ACRES INTO 15 LOTS ON PROPERTY
GENERALLY LOCATED NORTH OF MAGNOLIA AVENUE
AND WEST OF VALLEY STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: MAGNOLIA GARDENS
CASE NO. : CT 98- 12
WHEREAS, Pacific Scene Financial, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Gloria Aguilera
“Owner”, described as
That portion of Tract 245 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1681, filed in the Office of the County
Recorder of San Diego County, December 9,1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
Map as shown on Exhibit(s) “A” - “H” dated May 19, 1999, on file in the Planning DE
MAGNOLIA GARDENS - CT 98-12, as provided by Title 20 of the Carlsbad MuniciF
and
WHEREAS, the Planning Commission did, on the 19th day of May 199
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of persons desiring to be heard, said Commission considered a1
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Co
on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of MAGNOLIA GARDENS - CT 98-
Finding:
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 tha
being created satisfy all minimum requirements of Title 20 governing lot 5
configuration and have been designed to comply with all other applica
regulations.
2. That the proposed project is compatible with the surrounding future land u
surrounding properties are designated for Residential Low to Medium Densit
development on the General Plan, in that this is the same general plan
designation as the project site and surrounding development is residc
agriculture.
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 th
proposed, in that the project site can accommodate the proposed re
development while providing all required setbacks and improvements req
applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subdil
that the project is designed and conditioned to avoid conflicts with any est
easements.
5. That the property is not subject to a contract entered into pursuant to t
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future pl
natural heating or cooling opportunities in the subdivision, in that the 8,173 squ
and larger lot sizes allow for a variety of building placement alternatives, ir:
the adequate placement and separation of the future residential units to
residents with adequate air circulation within and surrounding any
residential units to provide natural heating and cooling opportunities.
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 housin
against the public service needs of the City and available fiscal and enviro
resources.
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8. That the design of the subdivision and improvements are not likely to cause s
environmental damage nor substantially and avoidably injure fish or wildlif
habitat, in that there is no sensitive habitat on the site or offsite which the pr
impact.
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 pr
been designed in accordance with the Best Management Practices for wate
protection in accordance with the City’s sewer and drainage standards
project is conditioned to comply with the National Pollution Discharge Eli
System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned here
conformance with the Elements of the City’s General Plan, based on the followir
A. Land Use - The project is consistent with the City’s General Plan since the
density of 3.45 ddac is within the density range of 0 - 4 ddacre specified fc
as indicated on the Land Use Element of the General Plan, and is above th
control point of 3.2 du/acre. Although the project exceeds the growtk
point, it is consistent with the General Plan provision allowing
subdivision located in LFMP Zone 1 to exceed the density range and/or
Control Point in certain circumstances. Public facilities are adequate i
Zone 1 to accommodate the proposed units and there are excess dwellinL
the northwest quadrant to ensure that the maximum number of dwelling
the northwest quadrant would not be exceeded at buildout.
B. Circulation - The circulation system is designed to provide adequate acce
proposed lots and complies with all applicable City design standards.
C. Housing - That the project is consistent with the Housing Element of the
Plan and the Inclusionary Housing Ordinance as the Developer b
conditioned to enter into an Affordable Housing Agreement to consti
second dwelling units and purchase a .55 unit credit.
D. Public Safety - The project is required to construct public streets
standards with sidewalks, street lights, and fire hyrants in addition to PI
automatic fire sprinkler systems in structures on specified lots.
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 the PI
addition, the project is conditioned such that a note shall be placed on the
that building permits may not be issued for the project unless the District
determines that sewer service is available, and building cannot occur P
project unless sewer service remains available, and the District En
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satisfied that the requirements of the Public Facilities Element of the Gc
have been met insofar as they apply to sewer service for this project.
B. The project has been conditioned to provide proof from the Carlsb;
School District that the project has satisfied its obligation for school.
C. Park-in-lieu fees are required as a condition of approval.
D. All necessary public improvements have been provided or are re
conditions of approval.
E. The developer has agreed and is required by the inclusion of an a
condition to pay a public facilities fee. Performance of that contract an1
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
12. The project has been conditioned to pay any increase in public facility fee.
construction tax, or development fees, and has agreed to abide by any a
requirements established by a Local Facilities Management Plan prepared pu
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avail
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 1.
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 configuration of the property p
the placement of public streets in the areas where panhandle lots area propo
15. That subdivision with panhandle lots will not preclude or adversely affect the :
provide full public street access to other properties within the same block of th
property, in that the proposed public street provides access to adjacent PI
which may be subdivided in the future.
16. That the buildable portion of the lots consists of an area of at least 8,000 squl
which meets the requirements of Section 21.10.080(d)(l) of the Carlsbad N
Code;
17. That the front, sides, and rear property lines, for purposes of determining requin
are as shown on Exhibit “B” of the Tentative Map, on file in the Planning Depa~
18. That this project could have a potentially significant negative cumulativt
impact on the Palomar Airport Road/El Camino Real intersection. Howej
project has been conditioned to pay its fair share of the “short-term improvc
thereby, guaranteeing implementation of a mitigation measure that redu
potential impact to a level of insignificance.
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’ 19. The Planning Commission has reviewed each of the exactions imposed on the I
to mitigate impacts caused by or reasonably related to the project, and the exte~ 2
degree of the exaction is in rough proportionality to the impact caused by the prc 3
contained in this resolution, and hereby finds, in this case, that the exactions arc
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20. The project is not required to provide additional public facilities for the d
will not be adversely impacted, in that public facilities are adequate in 2
excess of the control point to ensure that the adequacy of the City’s public facili
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not result in exceeding the quadrant limit. 8 control point to cover the units in the project above the control point so that appl
2 1. There have been sufficient developments approved in the quadrant at densities 1 7
accommodate the additional 1.2 units above the Growth Control Point. 6
22. All necessary public facilities required by the Growth Management Ordinancl
10 constructed or are guaranteed to be constructed concurrently with the need
created by this development and in compliance with adopted City standards. 11
12 11 Conditions:
13 1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Tentative Tract Map document(s) necessary to m:
14 internally consistent and in conformity with final action on the project. Devl
shall occur substantially as shown in the approved Exhibits. Any proposed dew
15 different from this approval, shall require an amendment to this approval.
l6 2. The Developer shall comply with all applicable provisions of federal, state, a
17 ordinances in effect at the time of building permit issuance.
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3. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, agl
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 Tentative Tract Map;
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein.
Maps and Exhibits
4. The Developer shall provide the City with a reproducible 24’’ x 36”, mylar coy
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 subr
the City Engineer and approved prior to building, grading, final map, or imprc
plan submittal, whichever occurs first.
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Facilities and Services
5. The final map shall not be approved unless the City Council finds as of the tim
approval that sewer service is available to serve the subdivision.
6. 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 ay
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
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
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad R
Code or other ordinance adopted to implement a growth management system or.
and Improvement Plan and to hlfill the developer’s/subdivider’s agreement to
public facilities fee dated July 29, 1998, a copy of which is on file with the C
and is incorporated by this reference. If the fees are not paid, this application w
consistent with the General Plan and approval for this project will be void.
8. Prior to the issuance of a building permit, the developer shall provide pro1
Director from the Carlsbad Unified School District that this project has sat
obligation to provide school facilities.
9. The developer shall post a sign in the sales office in a prominent locatj
discloses which special districts and school districts provide service to the
Said sign shall remain posted until ALL of the units are sold.
10. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 1 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
General Conditions
1 1. 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 prot
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.
~ 12. Approval of CT 98-12 is granted subject to the approval of the Mitigated P
Declaration, Mitigation Monitoring and Reporting Program and SDP 98-22.
12 is subject to all conditions contained in Planning Commission Resolutions I\
and 4550 for the Mitigated Negative Declaration, Mitigation Monitoril
Reporting Program and SDP 98-22.
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13. Prior to the issuance of the grading permit or approval of the final map, 1
shall submit to the City a Notice of Restriction to be filed in the office of th
Recorder, subject to the satisfaction of the Planning Director, notifying all :
parties and successors in interest that the City of Carlsbad has issued a(n) Tenta
and Site Development Plan by Resolution No. 4549 and 4550 on the real
owned by the Developer. Said Notice of Restriction shall note the property de;
location of the file containing complete project details and all conditions of ap;
well as any conditions or restrictions specified for inclusion in the Notice of Re
The Planning Director has the authority to execute and record an amendment to t
which modifies or terminates said notice upon a showing of good cause by the 1
or successor in interest.
Landscape
14. The Developer shall prepare a detailed landscape and irrigation plan in conformb
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 7
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.
15. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
16. Building identification and/or addresses shall be placed on all new and existing t
so as to be plainly visible from the street or access road; color of identificatio
addresses shall contrast to their background color.
17. 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.
18. All sales maps that are distributed or made available to the public shall include bl
limited to trails, future and existing schools, parks and streets.
19. The Developer shall implement, or cause the implementation of, the Magnolia <
Project Mitigation Monitoring and Reporting Program.
Housing
20. Prior to the approval of the final map for any phase of this project, or where a m;
being processed, prior to the issuance of building permits for any lots or LL
Developer shall enter into an Affordable Housing Agreement with the City to pro7
deed restrict two second dwelling units (including: Second Dwelling Units on L
or 3 and 11 or 12) as affordable to lower-income households for the useful lif
dwelling units, in accordance with the requirements and process set forth in
21.85 of the Carlsbad Municipal Code and provide for payment of a fractional ~
equal to .55 of the affordable housing fee credit listed in the most rec
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schedule. The draft Affordable Housing Agreement shall be submitted to the
Director no later than 90 days after City Council action on the project. The
Affordable Housing Agreement shall be binding on all Euture owners and suc(
interest.
21. 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.
22. Prior to the issuance of building permits for any unit within the pro
Developer shall apply for and obtain from the Planning Director a Second
Unit Permit per Section 21.10.015 of the Carlsbad Municipal Code for eac
dwelling unit.
23. The Developer shall pay its fair share for the “short-term improvements’’ 1
Camino ReaVPalomar Airport Road intersection prior to approval of the fi
or the issuance of a grading permit, whichever occurs first. The amount
determined by the methodology ultimately selected by Council, including
limited to, an increase in the city-wide traffic impact fee; an increased or ne!
LFMP fee; the creation of a fee or assessment district; or incorporatio
Mello-Roos taxing district.
Enpineering Conditions:
24. 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.
25. There shall be one final subdivision map recorded for this project.
Note: Unless the specifically stated in the condition, all of the following engineering co
upon the approval of this proposed major subdivision must be met prior to approval o
map.
26. The developer shall provide an acceptable means for maintaining the private ea
within the subdivision and all the private: streets, sidewalks, street lights, stol
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties wi
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
27. 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
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Planning Commission or City Engineer which has been brought against the Ci
the time period provided for by Section 66499.37 of the Subdivision Map Act.
28. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to an receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
29. The developer shall provide for sight distance corridors at all street interse
accordance with Engineering Standards and shall record the following stateme
Final Map (and in the CC&Rs).
“No structure, fence, wall, tree, shrub, sign, or other object over 30
inches above the street level may be place or permitted to encroach
within the area identified as a sight distance corridor in accordance
with City Standard Public Street-Design Criteria, Section 8.B.3
The underlying property owner shall maintain this condition.”
FeedAPreements ‘
30. The developer shall pay all current fees and deposits required.
31. The owner of the subject property shall execute an agreement holding the City J
regarding drainage across the adjacent property.
32. The owner shall enter into a lien contract for the future public improvement of H
Drive along the subdivision frontage for a half street width of 30 feet.
improvements shall include, but not be limited to, paving, base, sidewalks, CI
gutter, medians, grading, clearing and grubbing, undergrounding or relocation of
sewer, water, fire hydrants, street lights and retaining walls.
33. The owner shall execute a hold harmless agreement for geologic failure.
34. Prior to approval of any grading or building permits for this project, the owner SI
written consent to the annexation of the area shown within the boundaries
subdivision plan into the existing City of Carlsbad Street Lighting and Lanc
District No. 1 on a form provided by the City.
Gradin?
35. Based upon a review of the proposed grading and the grading quantities show1
tentative map grading permit for this project will be required. The developer mus‘
and receive approval for grading plans in accordance with city codes and standar
to issuance of a building permit for the project.
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36. Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to
Water Resources Control Board.
37. Upon completion of grading, the developer shall ensure that an “as-graded” geol
is submitted to the City Engineer. The plan shall clearly show all the geology a:
by the grading operation, all geologic corrective measures as actually constru
must be based on a contour map which represents both the pre and post site gradi
plan shall be signed by both the soils engineer and the engineering geologist.
shall be prepared on a 24” x 36” mylar or similar drafting film and shall k
permanent record.
38. No grading for private improvements shall occur outside the limits of the sul
unless a grading or slope easement or agreement is obtained from the owne
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 develc
either amend the tentative map or modify the plans so grading will not occur 01
project site in a manner which substantially conforms to the approved tentativt
determined by the City Engineer and Planning Director.
Dedications/Improvements
39. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be rec
the City Engineer.
40. 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 the offer
made by a certificate on the final map for this project. All land so offered
granted to the City free and clear of all liens and encumbrances and without co
City. Streets that are already public are not required to be rededicated.
41. The drainage system shall be designed to ensure that runoff resulting from
frequency storms of 6 hours and 24 hours duration under developed conditions, 2
to or less than the runoff from a storm of the same frequency and duration under
developed conditions. Both 6-hour and 24-hour storm duration shall be ana
determined the detention basin capacities necessary to accomplish the desired res1
42. The developer shall comply with the City’s requirements of the National I
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:
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A. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of t
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, rl
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and County requirements as prescribed in their r
containers.
C. Best Management Practices shall be used to eliminate or reduce surface I
when planning any changes to the landscaping and surface improvements.
43. 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
by law, improvements shown on the tentative map and the following improveme1
A. Street “A” full improvements where project fronts on both sides of th
and half street plus 12 feet improvements and full width gradin,
project fronts on one side of the street. A temporary turn around
constructed within the subdivision boundary at the end of the street.
B. Half street improvements at Valley Street.
C. Half street improvements at Magnolia Street.
D. Storm drain system from Valley Street to Street “A”.
A list of the above improvement shall be placed on an additional map sheet on I
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impro
listed above shall be constructed with 18 months of approval of the secured imprc
agreement or such other time as provided in said agreement.
44. The developer shall install street lights along all public and private street fron
conformance with City of Carlsbad Standards.
45. The developer shall install sidewalks along all public streets abutting the PI
conformance with City of Carlsbad Standards prior to occupancy of any buildings
1 46. Prior to occupancy of any buildings, the developer shall install wheelchair ramr
public street comers abutting the subdivision in conformance with City of (
Standards.
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47. The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fee;
paid prior to approval of the final map for this project.
Final Map Notes
48. Notes(s) to the following effect(s) shall be placed on the final map as non-mappix
50.A. All improvements are private and are to be privately maintained
exception of the following:
1. Street “A” improvements.
2. Existing improvements public storm drain system along lo
3. New public storm system along lots 9 through 14.
50.B Geotechnical Caution:
The owner of this property on behalf of itself and all of its succ
interest has agreed to hold harmless and indemnify the City of 1
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.
50.C. No structure, fence, wall, tree, shrub, sign, or other object
inches above the street level may be placed or permitted to z
within the area identified as a sight distance corridor in accorda:
City Standard Public Street-Design Criteria, Section 8.B.3
underlying property owner shall maintain the is condition.
Fire Conditions:
49. Fire hydrants are required at lots 1,8 and 13.
50. Driveways serving lots 10 through 13, and lots 6 and 7 must be designa
posted as “Fire Lanes” per CMC 17.04.020.
51. A monument sign listing addresses served is required at the entrance
driveway that provide access to more than one lot.
52. The proposed plan conforms to neither the access requirements of the Unifo
Code, nor the cul-de-sac policy of the City of Carlsbad. Therefore any st1
proposed for lots 6,10,11,12, and 13 must be protected by automatic fire SI
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systems designed and installed in accordance the National Fire PI
Association Standard 13-D.
Water Conditions:
53. 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.
54. 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.
55. 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.
56. 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 w
sewer and capacity will continue to be available until time of occupancy.”
57. All potable water and recycled water meters shall be placed within public right of
General
58. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litii
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City’s app
this Tentative Tract Map.
PC RES0 NO. 4549 -13-
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not 1
the following:
59. 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.
60. The Developer shall pay a landscape plan check and inspection fee as required b:
20.08.050 of the Carlsbad Municipal Code.
61. 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.
62. The Developer shall submit a street name list consistent with the City’s strc
policy subject to the Planning Director’s approval prior to final map approval.
63. 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.
64. The developer shall exercise special care during the construction phase of this 1
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
65. 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 20.1 6.095 of the Carlsbad Municipal Cod
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for convenic
“fees/exactions.”
You have 90 days from final approval to protest imposition of these fees/exactions.
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 Man.
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
PC RES0 NO. 4549 -14-
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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 b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 19th day of May 199'
following vote, to wit:
AYES: Chairperson Heineman, Commissioners L'Heureux, Segal
and Welshons
NOES: Commissioner Nielsen
ABSENT: Commissioner Compas
ABSTAIN: m COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%Z&LER
Planning Director
PC RES0 NO. 4549 -15-