HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4576..
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PLANNING COMMISSION RESOLUTION NO. 4576
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 14.7 ACRES INTO 38 LOTS ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH
OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20
CASE NAME: HADLEY PROPERTY
CASE NO.: CT 98-17
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-17 TO
WHEREAS, Spectrum Communities, L.L.C., “Developer”; ha,
verified application with the City of Carlsbad regarding property owned by Paul an1
Hadley Family Trust, “Owner”, described as
A portion of the south half of the southwest quarter of the
southeast quarter of Section 22, Township 12 south, Range 4
west, San Bernardino base and meridian, in the County of San
Diego, State of California, according to the United States
Government Survey.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
Map as shown on Exhibit(s) “A” - “N” dated July 7, 1999, on file in the Planning Dep
HADLEY PROPERTY - CT 98-17, as provided by Title 20 of the Carlsbad Municipal
and
WHEREAS, the Planning Commission did, on the 7th day of July, 199’
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of persons desiring to be heard, said Commission considered a1
relating to the Tentative Tract Map.
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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.
B) That based on the evidence presented at the public hearing, the Cor
on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of HADLEY PROPERTY - CT 98-1
FindinPs:
1. That the proposed map and the proposed design and improvement of the subdi
condition, is consistent with and satisfies all requirements of the General I
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in thai
being created satisfy all minimum requirements of Title 20 governing lot s
configuration and have been designed to comply with all other applica
regulations.
2. That the proposed project is compatible with the surrounding future land UI
surrounding properties to the north, south and east are designated for sing1
residential development on the General Plan, in that they are designated as Re
Low-Medium (RLM). The property to the east is designated RLM with op
adjacent to the western boundary.
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 other amenities req
the applicable City regulations.
4. That the design of the subdivision or the type of improvements will not con
easements of record or easements established by court judgment, or acquire.
public at large, for access through or use of property within the proposed subdil
that prior to recordation of the final map the developer will vacate an(
easements that conflict with the proposed development.
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 p;
natural heating or cooling opportunities in the subdivision, in that the p
development will consist of single family residences with adequate separ
provide residents with adequate air circulation within and surrounding an
residential units.
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 housi:
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against the public service needs of the City and available fiscal and envir
resources.
8. That the design of the subdivision and improvements are not likely to cause SI
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project is conditioned to include biological mitigation I
addressing the preservation of the resources on the site prior to approval (
map.
9. That the discharge of waste from the subdivision will not result in violation ol
California Regional Water Quality Control Board requirements, in that the prc
been designed in accordance with the Best Management practices for watel
protection in accordance with the City’s sewer and drainage standards
project is conditioned to comply with the National Pollution Discharge Eli]
System (NPDES) requirement.
10. The Planning Commission finds that the project, as conditioned herei
conformance with the Elements of the City’s General Plan, based on the followin
A. Land Use - The project is consistent with the City’s General Plan 5
proposed density of 2.9 du/acre 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 standa
C. Noise - The project site is beyond the noise generating sources of P
Lane and Palomar Airport and no mitigation measures are required.
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 p
6.5 affordable housing credits in Villa Loma.
E. Open Space and Conservation - The proposed project will provide 5.45
open space within an open space lot to preserve an area containing !
habitat.
F. Public Safety - The project includes fire suppression zones to rec
potential for structures to be lost as a result of a fire within open SI
38.
G. Parks and Recreation - The proposed project has been conditioned
park-in-lieu fees prior to final map.
11. The project is consistent with the City-Wide Facilities and Improvements E
applicable local facilities management plan, and all City public facility polil
ordinances since:
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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 thc
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 thc
Engineer determines that sewer service is available, and building cam
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for thi:
B. The project has been conditioned to provide proof from the Carlsba
District that the project has satisfied its obligation for school facilities
C. Park-in-lieu fees are required as a condition of approval.
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 ap
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
12. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any 2
requirements established by a Local Facilities Management Plan prepared pu:
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail’
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 20.
14. That the property cannot be served adequately with a public street without a p
lot due to unfavorable conditions resulting from unusual topography, surrounc
development, or lot configuration, in that the depth of the developable area of 1
with the minimum lot width of 60-feet would exceed the depth to width ratio
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 access will not be precluded to adjacent properties as thc
currently have access or contain sensitive vegetation and will not be develop(
16. That the buildable portion of the lot consists of an area of 10,340 square fee
exceeds the 8,000 square foot minimum requirement of Section 21.10.080(d)(
Carlsbad Municipal Code.
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17. That the front, sides, and rear property lines, for purposes of determining requirc
are as shown on Exhibit “Y” labeled “Hadley Property Panhandle Lot Setb
Fire Suppression Zone Limits”, on file in the Planning Department.
18. That this project could have a potentially significant negative cumulativ
impact on the Palomar Airport Road/ El Camino Real intersection. Howe
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project has been conditioned to pay its fair share of the ‘(short-term improv
thereby guaranteeing implementation of a mitigation measure that red
potential impact to a level of insignificance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Tentative Tract Map document(s) necessary to m;
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
2, The Developer shall comply with all applicable provisions of federal, state, :
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, at
representatives, from and against any and all liabilities, losses, damages, demanc
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Conditional Use PC
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio
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 co]
Tentative Map as approved by the final decision making body. The Tentat
shall reflect the conditions of approval by the City. The Map copy shall be sub
the City Engineer and approved prior to building, grading, final map, or imp]
plan submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving (resolution(s)) on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devl
Permit and signed approved site plan.
Facilities and Services
6. The final map shall not be approved unless the City Council finds as of the timc
approval that sewer and water service available to serve the subdivision.
7. 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
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement tc
public facilities fee dated September 29, 1998, a copy of which is on file with
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Clerk and is incorporated by this reference. If the fees are not paid, this applic:
not be consistent with the General Plan and approval for this project will be void.
8. Prior to the issuance of a building permit, the developer shall provide pro
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 location that
which special districts and school district provide service to the project. Said :
remain posted until all of the units are sold.
10. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 20 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
General Conditions
11. 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 rf
housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in)
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
12. Approval of CT 98-17 is granted subject to the approval of ZC 98-10, LCP.
HDP 98-17, CDP 98-74, and the Mitigated Negative Declaration and M
Monitoring and Reporting Program. CT 98-17 is subject to all conditions cor
the Planning Commission Resolutions No. 4574, 4575, 4577, 4578, and 457.
98-10, LCPA 98-07, HDP 98-17, CDP 98-74, and the Mitigated Negative Dec
and Mitigation Monitoring and Reporting Program.
13. The Developer shall establish a homeowner’s association and corresponding cc
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and
by the Planning Director prior to final map approval. Prior to issuance of a
permit the Developer shall provide the Planning Department with a recorded co]
official CC&Rs that have been approved by the Department of Real Estate
Planning Director. At a minimum, the CC&Rs shall contain the following provis
A. General Enforcement bv the Citv. The City shall have the right, bu:
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easement:
event that the Association fails to maintain the “Common Area Lots a:
Association’s Easements” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the I
maintenance. If the City elects to perform such maintenance, the City E
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
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and requesting the same be carried out by the Association within a perioc
(30) days from the giving of such notice. In the event that the Associatic
carry out such maintenance of the Common Area Lots and/or Assc
Easements within the period specified by the City's notice, the City
entitled to cause such work to be completed and shall be er
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perfc
necessary maintenance to either Common Area Lots and/or Ass(
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 fkll 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 ar
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 chari
special assessment shall constitute a charge on the land and shall be a cc
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 sucl
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any OP
hisher respective Lot for purposes of collecting such special assess
accordance with the procedures set forth in Article of this Declar
D. The CC&Rs shall prohibit the storage of recreational vehicles in the requi
yard setback.
E. Lots 1, 37, 26, & 27 shall record specific sight distance deed restric
maintain and keep clear the sight distance corridors as shown
tentative map and also identified on the final map for this project:
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inch1
the street level may be placed or permitted to encroach within the area ic
as a sight distance corridor in accordance with City Standard Public Street
Criteria, Section 8.B.3. The underlying property owner shall maint
condition."
14. Prior to the approval of the final map, Developer shall submit to the City a h
Restriction to be filed in the office of the County Recorder, subject to the satisfz
the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Tentative Tract Map, Hillside Development Perr
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Coastal Development Permit by Resolutions No. 4576, 4577 and 4578 01
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all con1
approval as well as any conditions or restrictions specified for inclusion in the
Restriction. The Planning Director has the authority to execute and record an ar
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
15. 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 (
not issue any grading, building, or other permit, until the annexation is comple
City Manager is authorized to extend the 60 days, for a period not to e:
additional 180 days for a total of 240 days from the date of City Council a
upon a showing of good cause.
LandscaDe
16. 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 fi-om weeds, t
debris.
17. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
Miscellaneous PlanninP Conditions
18. 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) to obtain any permits required by the 1
19. Prior to the approval of the final map for any phase of this project, the Develo
enter into an Affordable Housing Agreement with the City to purchase 6.5 afi
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 proje
recorded Affordable Housing Agreement shall be binding on all future ow1
successors in interest.
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20. The Developer shall provide on the final map an irrevocable offer of dedic
the City of Carlsbad or an acceptable entity for an open space/consc
easement over Lots No. 38 of the tentative map.
21. Concurrent with the recordation of the final map the Developer shall pro\
record a deed restriction over Lot No. 38 in its entirety to prohi
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encroachment or development, including but not limited to fences, walls
storage buildings, pools, spas, stairways and landscaping other than that a]
as part of the tentative map, biological revegetation program, and landscape
shown on the project exhibits of the tentative map.
22. Lot 38 shall be maintained by the Homeowners Association or othe
acceptable to the City.
23. Removal of native vegetation and development of Open Space Lot(s) 38 inch
not limited to fences, walls, decks, storage buildings, pools, spas, staim
landscaping, other than that approved as part of (the grading plan, improveme1
biological revegetation program, landscape plan, etc.) as shown on Exhibit “A” .
specifically prohibited, except upon written order of the Carlsbad Fire Departmen
prevention purposes, or upon written approval of the Planning Director, and (C
Coastal Commission if in Coastal Zone), based upon a request from the Horn
Association accompanied by a report from a qualified arboristhotanist indic:
need to remove specified trees and/or plants because of disease or impending d
adjacent habitable dwelling units. For areas containing native vegetation th
required to accompany the request shall be prepared by a qualified biologist.
24. The Developer shall pay his fair share for the “short-term improvements t
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
20 LFMP fee, the creation of a fee or assessment district; or incorporatio~
Mello-Roos taxing district.
25. 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.
26. 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.
27. Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
is subject to overflight, sight and sound of aircraft operating from McClellan-
Airport, in a form meeting the approval of the Planning Director and the City A
(see Noise Form #2 on file in the Planning Department.)
28. The Developer shall post aircraft noise notification signs in all sales and/or renta
associated with the new development. The number and locations of said signs
approved by the Planning Director (see Noise Form #3 on file in the I
Department).
Enpineering
NOTE: Unless specifically stated in the condition, all of the following en8
conditions upon the approval of this proposed major subdivision must
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prior to approval of a final map.
29. Prior to issuance of any building permit, the developer shall comply
requirements of the City's anti-graffiti program for wall treatments if and whl
program is formerly established by the City.
30. There shall be one final subdivision map recorded for this project.
3 1. All concrete terrace drains shall be maintained by the homeowner's associati
commonly owned property) or the individual property owner (if on an inc
owned lot). An appropriately worded statement clearly identifying the respl
shall be placed in the CC&Rs (if maintained by the Association) and on the Fina
32. The developer shall defend, indemnify and hold harmless the City and its agents
and employees from any claim, action or proceeding against the City or it
officers, or employees to attack, set aside, void or null an approval of the
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.
33. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatio]
34. The developer shall install sight distance corridors at all street intersections in ac
with Engineering Standards and shall record the following statement on th
mapping sheet of the Final Map (and in the CC&Rs).
FeesIAgreements
35. The developer shall pay all current fees and deposits required.
36. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
37. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan-
District No. 1 on a form provided by the City.
38. This project is within the boundary of the Aviara Parkway - Poinsettia Lane Br
Thoroughfare Fee District. This project is required to pay a fair share con
towards the construction of The District Facilities in accordance with the prop
program.
Grading
39. 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
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and receive approval for grading plans in accordance with city codes and stand
to issuance of a building permit for the project.)
40. Prior to the issuance of a grading permit or building permit, whichever occur:
developer shall submit proof that a Notice of Intention has been submitted to
Water Resources Control Board.
41. No grading for private improvements shall occur outside the limits of the su
unless a grading or slope easement or agreement is obtained from the ownc
affected properties and recorded. If the developer is unable to obtain the gradinl
easement, or agreement, no grading permit will be issued. In that case the develc
either amend the tentative map or modi@ the plans so grading will not occur o
project site in a manner which substantially conforms to the approved tentativ
determined by the City Engineer and Planning Director.
Dedications/ImDrovements -
42. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be rec
the City Engineer.
43. The owner shall make an offer of dedication to the City for all public st1
easements required by these conditions or shown on the tentative map. The offe
made by a certificate on the final map for this project. All land so offered
granted to the City fi-ee and clear of all liens and encumbrances and without cc
City. Streets that are already public are not required to be rededicated.
44. Black Rail Road shall be dedicated by the owner along the project frontage ba
center line to right-of-way width of 30 feet as shown on the tentative ma]
conformance with City of Carlsbad Standards.
45. Prior to issuance of building permits, the developer shall underground all
overhead utilities adjacent to and within the subdivision boundary.
46. Direct access rights for all lots abutting Black Rail Road shall be waived on
map. Access rights for Lots 26 & 27 shall also waive access to "B" Street as sl
the tentative map.
47. 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 notifLing 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 tl
hazardous waste products.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, r
antifreeze, solvents, paints, paint thinners, wood preservatives, i
such fluids shall not be discharged into any street, public or prival
storm drain or storm water conveyance systems. Use and di
pesticides, fungicides, herbicides, insecticides, fertilizers and o
chemical treatments shall meet Federal, State, County 2
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reducl
pollutants when planning any changes to the landscaping an(
improvements.
48. Plans, specifications, and supporting documents for all public improvements
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 improveme:
A. Black Rail Road as a 60’ collector along the frontage
subdivision. Offsite transitions are required to provide a smc
safe transition to existing improvements.
B. The offsite connection of Docena Street as a 46’ wide hillside
shown on the tentative map.
C. Sewer, Water and Public Utilities to serve this subdivision a
on the tentative map.
D. Storm drains and flexible check dams across lot 38 (2 areas) a
on the tentative map and downstream to control erosive ve
drainage.
A list of the above improvements shall be placed on an additional map sheet on
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imprc
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
49. Drainage outfall 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 desigr
to prevent vegetation growth from obstructing the pipe outfall. Designs could COI
modified outlet headwall consisting of an extended concrete spillway secti
longitudinal curbing and/or radially designed rip-rap, or other means deemed apF
as a method of preventing vegetation growth directly in front of the pipe outlc
satisfaction of the Director of Public Works.
Final Map Notes
50. Note(s) to the following effect(s) shall be placed on the final map as non-mappini
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No structure, fence, wall, tree, shrub, sign, or other object over 30 inch
the street level may be placed or permitted to encroach within the area i
as a sight distance corridor in accordance with City Standard Public Strec
Criteria, Section 8.B.3. The underlying property owner shall mair
condition.
- Fire
51. Buildings located on Lots 12 through 23 shall be protected by reside1
sprinkler systems.
52. Water mains shall be designed to deliver a minimum of 1500 gallons per mi
fire protection purposes.
53. Fire Hydrants shall be located at lots 1,6,11, and 13.
54. Zones A-2 and A-3 of the fire protection landscape plan shall be modified to
only low growing, low fuel species exclusively. Landscape restrictions pro
Zone A-1 are not required.
Water
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 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.
56. The Developer will be expected to provide detailed information to the District 1
regarding water demand, irrigation demand, fire flow demand in gallons per mix
projected sewer flow in million gallons per day at the time of first formal pla
submittal.
57. 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. The DeveloperDeveloper’s Engineer sh
with the District Engineer or his representative for a preliminary review of potab:
recycled water and sewer facility requirements.
58. All District pipelines, pump stations, pressure reducing stations and appur
required for this project by the District shall be within public right-of-way o
minimum 20-foot wide easements granted to the District or the City of (
(minimum 30-foot wide for General Utility easements.)
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59. All potable water and recycled water meters shall be placed within public right o
60. 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 pipelir
shall be designed for each pressure zone. The Developer will be required to I
connection to the potable water system in “G” Street, Aviara Phase I11 and
Rail Road.
61. The Developer will be required to provide and obtain a minimum 20-f
sewer easement for the sewer main necessary to serve the east end of thc
property. The sewer will connect to the existing sewer main in “G” Streel
Phase 111. The water and sewer connections to “G” Street may be pro\
within a 30-foot General Utility easement with the approval of the District E
62. The following note shall be placed on the final map. “This project is approved
expressed condition that building permits will not be issued for develop me^
subject property unless the District serving the development has adequate M
sewer capacity available at the time development is to occur, and that such v
sewer capacity will continue to be available until time of occupancy”.
General:
63. If any of the foregoing conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apl
this Tentative Tract Map.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not 1
the following:
64. The developer shall exercise special care during the construction phase of this I:
prevent offsite siltation. Planting and erosion control shall be provided in acj
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 20.16.095 of the Carlsbad Municipal Coc
66. The tentative map approval shall expire twenty-four (24) months from the da
resolution containing the final decision for tentative map approval.
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67. The developer shall exercise special care during the construction phase of this 1
prevent off-site siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
68. 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.
69. The Developer shall pay a landscape plan check and inspection fee as required b:
20.08.050 of the Carlsbad Municipal Code.
70. 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.
71. 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.
72. The Developer shall provide the following note on the final map of the subdivi
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 canno
the Growth Control Point except as provided by Chapter 21.90. The land use des
for this development is 3.2 dwelling units per non-constrained acre.
Parcels 1 - 38 were used to calculate the intensity of development under the Genc
and Chapter 21.90. Subsequent redevelopment or resubdivision of any one
parcels must also include parcels 1 - 38 under the General Plan and Chapter 21 5
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 convenic
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these feedex
If 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 Man;
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 feesle.
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl
zoning, grading or other similar application processing or service fees in connection \.T
project; NOR DOES IT AE’PLY to any feedexactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously ot
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of July, 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HE-MAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%ZMIL%R
Planning Director
PC RES0 NO. 4576 -16-