HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 46290 0
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PLANNING COMMISSION RESOLUTION NO. 4629
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITYOF CAFCSBAD, CALIFORNIA, APPROVING
ACRES INTO 21 SINGLE FAMILY LOTS AND ONE OPEN
SPACE LOT WITH 21 SINGLE FAMILY HOMES ON
PROPERTY GENERALLY LOCATED NORTH OF
POINSETTIA LANE BETWEEN AVIARA PARKWAY AND
BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: ROESCH PROPERTY SUBDIVISION
CASE NO.: CT 98-19
WHEREAS, Standard Pacific Corporation, “Developer”, has filed I
application with the City of Carlsbad regarding property owned by Ronald L. Roesch, ‘
described as
CARLSBAD TRACT NUMBER CT 98-19 TO SUBDIVIDE 27.7
That portion of Section 22, Township 1% South, Range 4 West,
San Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to official
plat thereof, as described in Certificate of Compliance
recorded March 11,1997 as File No. 1997-0106633 official
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
Map as shown on Exhibits “A” - “AA” dated October 6, 1999, on file in the
Department ROESCH PROPERTY SUBDIVISION - CT 98-19, as provided by Ti
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of Octobc
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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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
APPROVES ROESCH PROPERTY SUBDIVISION, CT 98-19, bas
following findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdl
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 I
configuration and have been designed to comply with all other applics
regulations.
2. That the proposed project is compatible with the surrounding existing and ft
uses since surrounding properties are designated for single family developme
General Plan, in that they are designated as RLM (Low-Medium Density Resi
The preservation of the northern and western halves of the property as pa
HMP’s Linkage F habitat corridor is compatible with preserved habitat cor
the north.
3. That the site is physically suitable for the type and density of the development
site is adequate in size and shape to accommodate residential development at 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 acquire1
public at large, for access through or use of property within the proposed subdivi:
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 1
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~
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
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addressing the preservation of the resources on the site prior to approval I
map.
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 Specific Plan 203 based on the facts set forth in the st
dated October 6, 1999, including, but not limited to rezoning the propert?
7,500-Q, preservation of open space, and adherence to architectural guidelil
11. 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 :
proposed density of 1.34 ddacre is within the density range of 0-L
specified for the site as indicated on the Land Use Element of the Gent
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. Housing - That the project is consistent with the Housing Elerne1
General Plan and the Inclusionary Housing Ordinance as the Devel
been conditioned to enter into an Affordable Housing Agreement to 1
3.7 affordable housing credits in Villa Loma.
D. Open Space and Conservation - The proposed project will provide 21
of open space to preserve areas containing sensitive habitat. The prc
also provide a 20 foot trail easement and construction of a portion
Segment No. 31.
E. Public Safety - The project includes fire suppression zones and is con
to construct units in accordance with the ignition resistant standarc
Urban Wildland Interface Code to reduce the potential for structul
lost as a result of a fire within open space Lot 22.
12. The project is consistent with the City-Wide Facilities and Improvements 1
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 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 tht
Engineer determines that sewer service is available, and building cam I PC RES0 NO. 4629 -3 -
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within the project unless sewer service remains available, and thc
Engineer is satisfied that the requirements of the Public Facilities Eleml
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 Carlsbac
School District that the project has satisfied its obligation for school facil
C. Park-in-lieu fees are required as a condition of approval.
D. All necessary public improvements have been provided or are rec
conditions of approval.
E. The developer has agreed and is required by the inclusion of an ar
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.
13. 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 :
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.
14. This project has been conditioned to comply with any requirement approved as F
Local Facilities Management Plan for Zone 20.
15. The Planning Commission has reviewed each of the exactions imposed on the C
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro.
16. That the project is consistent with the City’s Landscape Manual (Carlsbad h
Code Section 14.28.020 and Landscape Manual Section I B).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final
issuance of grading permit, whichever occurs first.
1.
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If any of the following conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have 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 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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2. Staff is authorized and directed to make, or require the Developer to make, all c(
and modifications to the project documents, as necessary to make them
consistent and in conformity with the final action on the project. Developn
3 occur substantially as shown on the approved :Exhibits. Any proposed dev
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different fiom this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
4. 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 th
are challenged, this approval shall be suspended as provided in Government COC
66020. If any such condition is determined to be invalid this approval shall 1
unless the City Council determines that the project without the condition com;
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ai
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, fiom (a) City’s approval and issuance of this Tentative Tract
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 emissic
facility of electromagnetic fields or other energy waves or emissions.
17 6. The Developer shall submit to the Planning Department a reproducible 2‘
mylar copy of the Tentative Map reflecting the conditions approved by the fina
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l9 7. Prior to the issuance of a building permit, the Developer shall provide pro
20 Director fiom the School District that this project has satisfied its obligation ts
school facilities.
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8. 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.
9. Building permits will not be issued for this project unless the local agency 1
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the proj
time of the application for the building permit, and that water and sewer cap
facilities will continue to be available until the time of occupancy. A note to t
shall be placed on the Final Map.
10. The Developer shall implement, or cause the implementation of, the Roesch
Subdivision Project Mitigation Monitoring and Reporting Program.
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11. This approval is granted subject to the approval of the Mitigated Negative De
and Mitigation Monitoring and Reporting Program ZC 98-12, LCPA 98
99-05, HDP 98-21, and CDP 98-86 and is subject to all conditions con
Planning Commission Resolutions No. 4626,4627,4628,4630,4631, and 4t
October 6,1999.
12. Prior to the approval of the final map for any phase of this project, or where a r
being processed, prior to the issuance of building permits for any lots or
Developer shall enter into an Affordable Housing Agreement with the City to
3.7 affordable housing credits in the Villa Loma Affordable Apartment I
accordance with the requirements and process set forth in Chapter 21.85 of the
Municipal Code. The draft Affordable Housing Agreement shall be submitt
Planning Director no later than 60 days prior to the request to final the m
recorded Affordable Housing Agreement shall be binding on all future OM
successors in interest.
13. The Developer shall submit and obtain Planning Director approval of a Final L
and Irrigation Plan showing conformance with the approved Preliminary Lands1
and the City’s Landscape Manual. The Developer shall construct and i
landscaping as shown on the approved Final Plans, and maintain all landsca
healthy and thriving condition, free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursua
landscape plan check process on file in the Planning Department and accompani
project’s building, improvement, and grading plans.
15. The Developer shall establish a homeowner’s association and corresponding CI
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 th
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 bv the City. 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. Notice and Amendment. A copy of any proposed amendment shall be pr
the City in advance. If the proposed amendment affects the City, City s
the right to disapprove. A copy of the final approved amendment
transmitted to City within 30 days for the official record.
C. 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 1
maintenance. If the City elects to perform such maintenance, the City :
written notice to the Association, with a copy thereof to the Owners in thl
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. I[n the event that the Associatic
carry out such maintenance of the Common Area Lots and/or Ass(
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.
D. 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 fo~
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such i
each Owner in the Project, together with a statement that if the Associatic
pay such invoice in full within the time specified, the City will pursue (
against the Owners in the Project pursuant to the provisions of this Sect:
invoice shall be due and payable by the Association within twenty (20
receipt by the Association. If the Association shall fail to pay such invo:
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the a
the invoice. Thereafter the City may pursue collection from the Assoc
means of any remedies available at law or in equity. Without lirr
generality of the foregoing, in addition to all other rights and remedies
to the City, the City may levy a special assessment against the Owners of
in the Project for an equal prorata share of the invoice, plus the late char
special assessment shall constitute a charge on the land and shall be a cl
lien upon each Lot against which the special assessment is levied. Each
the Project hereby vests the City with the right and power to levy suc
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any 01
hidher respective Lot for purposes of collecting such special asses
accordance with the procedures set forth in! Article of this Deck
16. Prior to the issuance of the final map, Developer shall submit to the City a :
Restriction to be filed in the office of the County Recorder, subject to the satis:
the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Tentative Map, Site Development Plan,
Development Permit, and Coastal Development Permit by Resolutions 1
4630, 4631, and 4632 on the real property owned by the Developer. Said
Restriction shall note the property description, location of the file containing
project details and all conditions of approval as well as any conditions or rz
specified for inclusion in the Notice of Restriction. The Planning Direct01
authority to execute and record an amendment to the notice which modifies or t
said notice upon a showing of good cause by the Developer or successor in inter1
17. 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.
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18. The Developer shall provide a minimum of 25 percent of the lots with adequate
area for Recreational Vehicle storage pursuant to City Standards. The CCd
prohibit the storage of recreational vehicles in the required fi-ont yard setback.
19. The Developer shall dedicate on the final map, an open space easement for 1
prohibit any encroachment or development, including but not limited to fenc
decks, storage buildings, pools, spas, stairways and landscaping, as shown or GAY? - GC77 and GGW - “K.
20.
21.
Removal of native vegetation and development of Open Space Lot 22, includir,
limited to fences, walls, decks, storage buildings, pools, spas, stairways and lanl
other than that approved as part of (the grading plan, improvement plans, I
revegetation program, landscape plan, etc.) as shown on Exhibits “A” - ‘
specifically prohibited, except upon written order of the Carlsbad Fire Departme:
prevention purposes, or upon written approval of the Planning Director, and ((
Coastal Commission if in Coastal Zone), based upon a request fi-om the Hor
Association accompanied by a report fi-om a qualified arboristhotanist indic
need to remove specified trees andor plants because of disease or impending 1
adjacent habitable dwelling units. For areas containing native vegetation t
required to accompany the request shall be prepared by a qualified biologist.
Prior to approval of the final map, the Developer shall provide an irrevocablt
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the 1
Mar, within Open Space Lot 22. Prior to the issuance of any building per,
trail shall be constructed as a public trail for public use and accepted by th’
Carlsbad upon adoption of a Citywide Trails Program that includes provir
maintenance and liability. Otherwise, prior to issuance of any building per
obligation for acceptance, construction, maintenance, and liability shal:
responsibility of another agency designated by the City or the responsibili
Homeowner’s Association.
22. The Developer shall pay his fair share for the “short-term improvements to the E
RealPalomar Airport Road intersection prior to approval of the final map or the
of a grading permit, whichever occurs first. The amount shall be determine
methodology ultimately selected by Council, including but not limited to, an in
the city-wide traffic impact fee; and increased or new Zone 20 LFMP fee, the CI
a fee or assessment district; or incorporation into a Mello-Roos taxing district.
23. This approval is granted subject to the approval of the Mitigated Negative De(
and Mitigation Monitoring and Reporting Program, LCPA 98-09, CT 98-
99-05, HDP 98-21, and CDP 98-86 and is subject to all conditions contained in
Commission Resolutions No. 4626,4628,4639,4630,4631, and 4632 dated 01
1999.
24. If satisfaction of the school facility requirement involves a Mello-Roos Co
Facilities District or other financing mechanism which is inconsistent with CitIy
I Policy No. 38, by allowing a pass-through of the taxes or fees to individual hom
then in addition to any other disclosure required by law or Council policy, the C
shall disclose to future owners in the project, to the maximum extent pos5
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existence of the tax or fee, and that the school district is the taxing agency respol
the financing mechanism. The form of notice is subject to the approval of the
Director and shall at least include a handout and a sign inside the sales facility s
fact of a potential pass-through of fees or taxes exists and where complete inj
regarding those fees or taxes can be obtained.
25. The Developer shall display a current Zoning and Land Use Map, or an a1
suitable to the Planning Director, in the sales office at all times. All sales map
distributed or made available to the public shall include but not be limited to tra
and existing schools, parks and streets.
26. 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.
27. Prior to the approval of a final map or issuance of a grading permit, wl
occurs first, the Developer shall execute a document or documents to the sal
of the Planning Director and the City Attorney which accomplish at a mini
following:
A. continued ownership by the Developer or its successors in interest in op
until some future date at which time ownership will be transferred to th
its designee for perpetual maintenance; 1 B. while in continued private ownership, active maintenance to pro
preserve the quality of the habitat (including but not limited to re
prevention of trespass); and,
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C. transfer of ownership and maintenance responsibility at some future di
City of its designee simultaneously with transfer of funding or other ac
financial mechanism to provide for management and conservation in pe
(The cost of management is currently estimated to be approximately $:
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program is formerly established by the City. 23
28. Prior to issuance of any building permit, the developer shall comply
24 29. There shall be one final subdivision map recorded for this project.
acre per year.)
EnFineering:
requirements of the City’s anti-graffiti program for wall treatments if and whl
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30. The developer shall provide an acceptable means for maintaining the private c
within the subdivision and all the private: streets, sidewalks, street lights, st(
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties P
subdivision. Adequate provision for such maintenance shall be included with th
subject to the approval of the City Engineer. 11 PC RES0 NO. 4629 -9-
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31. 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 resp
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 il
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 Cj
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 condl
requirements the City Engineer may impose with regards to the hauling operatio]
34. 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 incl
the street level may be placed or permitted to encroach within the area
as a sight distance corridor in accordance with City Standard Public Strel
Criteria, Section 8.B.3. The underlying property owner shall mair
condition."
FeedApreements
35. The developer shall pay all current fees and deposits required.
36. The owner of the subject property shall execute m agreement holding the City
regarding drainage across the adjacent property.
37. The owner shall execute a hold harmless agreement for geologic failure.
38. Prior to approval of any grading or building permits for this project, the owner I
written consent to the annexation of the area shown within the boundaric
subdivision plan into the existing City of Carlsbad Street Lighting and Lar
District No. 1 on a form provided by the City.
39. Prior to final map approval, the developer shall pay their fair-share prop
amount for installation of a traffic signal at the Poinsettia Lanemriganti
intersection. This amount shall be based on the number of units or aver;
traffic generated by this project and shall be approved by the Publil
Director.
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Grading
40. Based upon a review of the proposed grading and the grading quantities shop
tentative map, a grading permit for this project is required. The developer mu
and receive approval for grading plans in accordance with city codes and stand;
to issuance of a building permit for the project.
41. 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.
42. 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 constn
must be based on a contour map which represents both the pre and post site grad
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 1
permanent record.
43. No grading for private improvements shall occw 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 gradin;
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 o
project site in a manner which substantially conforms to the approved tentath
determined by the City Engineer and Planning Director.
Dedications/Improvements
44. The developer shall install or agree to install and secure with appropriate st
provided by law desiltatioddetentiodurban pollutant basin(s) of a type and a s
location(s) as approved by the City Engineer. The developer shall enter int,
maintenance agreement and submit a maintenance bond satisfactory to the City
prior to the approval of grading, building permit or final map whichever occur
this project. Each basin shall be serviced by an all-weather accedmaintenance 1
45. Additional drainage easements may be required. Drainage structures shall be pr
installed prior to or concurrent with any grading or building permit as may be re
the City Engineer.
46. The owner shall make an offer of dedication to the City for all public SI
easements required by these conditions or shown on the tentative map. The offi
made by a certificate on the final map for this project. All land so offerec
granted to the City free and clear of all liens and encumbrances and without c
City. Streets that are already public are not required to be rededicated.
47. Brigantine Drive shall be dedicated by the owner along the project frontage I:
center line to right-of-way width of 30 feet and in conformance with City of
Standards.
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48. Direct access rights for lot 21 abutting Brigantine Drive and lots 4 and 16
Street “A” as shown on the tentative map shall be waived on the final map.
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49. The drainage system shall be designed to ensure that runoff resulting fron
frequency storms of 6 hours and 24 hours duration under developed conditions,
to or less than the runoff from a storm of the same frequency and duration unde
developed conditions. Both 6 hour and 24 hour storm duration shall be an
determine the detention basin capacities necessary to accomplish the desired res1
50. The developer shall comply with the City’s requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro
management practices as referenced in the “California Storm Water Best Ma
Practices Handbook” to reduce surface pollutants to an acceptable level prior to
to sensitive areas. Plans for such improvements shall be approved by the City
Said plans shall include but not be limited to notifying prospective owners and.
the following:
A. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of 1
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, n
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or into st1
or storm water conveyance systems. Use and disposal of pesticides, fi
herbicides, insecticides, fertilizers and other such chemical treatments s
Federal, State, County and City requirernents as prescribed in their I
containers.
C. Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvement!
51. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stan’
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the tentative map and the following improveme
A. Brigantine Drive to local street standards, including a transition SOL
project to the existing half street improvements of Brigantine Drive.
B. Regatta Road and Street “A” to cul-de-sac street standards.
A list of the above improvements shall be placed on an additional map sheet 01
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impr
listed above shall be constructed within 18 months of approval of thc
improvement agreement or such other time as provided in said agreement.
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52. The developer shall install street lights along all public and private street fro
conformance with City of Carlsbad Standards.
53. The developer shall install sidewalks along all public streets abutting the r
conformance with City of Carlsbad Standards prior to occupancy of any building
54. Prior to occupancy of any buildings, the developer shall install wheelchair rau
public street comers abutting the subdivision in conformance with City of
Standards.
55. 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.
56. 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 desig
to prevent vegetation growth from obstructing the pipe outfall. Designs could cc
modified outlet headwall consisting of an extended concrete spillway seci
longitudinal curbing and/or radially designed rip-rap, or other means deemed ap
as a method of preventing vegetation growth directly in front of the pipe out1
satisfaction of the Community Services Director and the Public Works Direct01
Final Map Notes
57. Notes to the following effects shall be placed on the final map as non-mapping d
A. All improvements are private and are to be privately maintained
exception of the following:
1. Brigantine Drive.
2. Regatta Road.
3. Street “A”.
B. Geotechnical Caution:
B.l. Slopes steeper than two parts horizontal to one part vertical ex
the boundaries of this subdivision.
B.2. The owner of this property on behalf of itself and all of its suo
interest has agreed to hold harmless and indemnify the City of
from any action that may arise through any geological failur
water seepage or land subsidence and subsequent damage that r
on, or adjacent to, this subdivision due to its construction, opl
maintenance.
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C. 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 1
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:
58. Improvements to lots 7-12 must be constructed in accordance to the ignition
standards of the Urban Wildland Interface Code. Architectural plans mu
compliance.
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59. Relocate proposed fire hydrants as follows:
A. Hydrant proposed at lot 18 to be relocated to the intersection of Rega
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B. Hydrant proposed at lot 5 to be relocated to the Northwest corner of lot 11
and Brigantine Drive.
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13 60. The Developer shall be responsible for all fees, deposits and charges whicl
14 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 15 any meter installation.
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61. The Developer shall provide detailed information to the District Engineer regard
demand, irrigation demand, fire flow demand in gallons per minute, and projec
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.
21 63. All district pipelines, pump stations, pressure reducing stations and appu
required for this project by the District shall be within public right-a-way (
22 easements granted to the District or the City of Carlsbad.
23 64. Sequentially, the Developer’s Engineer shall do the following:
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A. Meet with the City Fire Marshal and establish the fire protection requirer
B. Prepare and submit a colored recycled water use area map and submit tl-
the Planning Department for processing and approval by the District Eng
C. Prior to the preparation of sewer, water and recycled water improvem
the Developer shall submit preliminary system layouts to the District En
review, comment and approval.
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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 developme1
subject property unless the District serving the development has adequate v
sewer capacity available at the time development is to occur, and that such \.
sewer capacity will continue to be available until time of occupan~y.~~
66. All potable water and recycled water meters shall be placed within public right o
6 67. The Developer will be responsible for paying the “Deep Sewer Fee” in accord:
the Deep Sewer Reimbursement Agreement dated September 22, 1998 betweer
calculated to be $66,948 based on the letter fi-om Catellus dated January 5, 1999.
7 and the City of Carlsbad upon the issuance of a grading permit. The “Deep Sew
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9 CODE REMINDERS
10 Fees
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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.
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69. Developer shall pay the License Tax on new construction imposed by Carlsbad P
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywi
Facilities Fee imposed by City Council Policy #17, subject to any credits auth
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any 2
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90.
taxedfees shall be paid at issuance of building permit. If the taxedfees and not
approval will not be consistent with the General Plan and shall become void.
70. The Developer shall pay a landscape plan check and inspection fee as required b
20.08.050 of the Carlsbad Municipal Code.
71. The developer shall exercise special care during the construction phase of this
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
72. Some improvements shown on the tentative map and/or required by these cond
located offsite on property which neither the City nor the owner has sufficie:
interest to permit the improvements to be made without acquisition of title o
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Co
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Final Map Notes 26
construction framing can begin.
74. The Developer shall provide the following note on the final map of the subdi\
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73. All Streets, water mains and fire hydrants must be approved and operatior
final mylar of this development submitted to the City:
PC RES0 NO. 4629 -15-
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A. “Chapter 21.90 of the Carlsbad Municipal Code established a
Management Control Point for each General Plan land use de
Development cannot exceed the Growth Control Point except as prc
Chapter 21.90. The RLM land use designation for this development 2
dwelling units per non-constrained acre.
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6 75. Approval of this request shall not excuse compliance with all applicable sectic
Zoning Ordinance and all other applicable City ordinances in effect at time ol
General
7 permit issuance, except as otherwise specifically provided herein.
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76. The project shall comply with the latest non-residential disabled access req
pursuant to Title 24 of the State Building Code.
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77. All roof appurtenances, including air conditioners, shall be architecturally integ
concealed from view and the sound buffered from adjacent properties and s
substance as provided in Building Department Policy No. 80-6, to the satisfacti
Directors of Community Development and Planning.
78. 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.
79. Addresses, approved by the Building Official, shall be placed on all new an6
buildings so as to be plainly visible fiom the street or access road; color of iden
and/or addresses shall contrast to their background color, as required by
Municipal Code Section 18.04.320.
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I 80. Any signs proposed for this development shall at a minimum be designed in conl
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
2o II NOTICE
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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 approval to protest imposition of these feedexactions
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/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I:
zoning, grading or other similar application processing or service fees in connection 7
1) PC RES0 NO. 4629 -16-
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project; NOR DOES IT APPLY to any fees/exactions of which you have previously br
a NOTICE similar to this, or as to which the statute of limitations has previously t
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 6th day of October, 19s
following vote, to wit:
AYES: Vice Chairperson Compas, Commissioners L’Heureux,
Segall, Trigas, and Welshons
NOES:
ABSENT: Chairperson Heineman
ABSTAIN:
LzA?&.d*Ad/
WILLIAM COMPAS, Vice Chaigerson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZMELER
Planning Director
PC RES0 NO. 4629 -17-