HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 46630 0 ...
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PLANNING COMMISSION RESOLUTION NO. 4663
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFUSBAD, CALIFORNIA, APPROVING
ACRES INTO 12 SINGLE FAMILY LOTS WITH 12 SINGLE
FAMILY HOMES AND 2 SECOND DWELLING UNITS ON
PROPERTY GENERALLY LOCATED AT THE SOUTHERN
TERMINUS OF JAMES DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: JAMES CANYON ESTATES
CASE NO.: CT 98-20
WHEREAS, Hall Investment, Inc., “Developer”, has filed a verified applicat
with the City of Carlsbad regarding property owned by Alex J. Santos, Ltd. “Ownc
described as
CARLSBAD TRACT NUMBER CT 98-20 TO SUBDIVIDE 4.28
Lot 16 and 17 and a portion of Lot 18 in Block “G” of
Bellavista, in the City of Carlsbad, County of San Diego, State
of California, according to Map No. 2152, recorded March 7,
1929 in the office of the County Recorder.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative 1
Map as shown on Exhibit(s) “A” - “N” dated November 17, 1999, on file in the Plam
Department JAMES CANYON ESTATES - CT 98-20, as provided by Title 20 of the Carl5
Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November, 15
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 testim
and arguments, if any, of persons desiring to be heard, said Commission considered all fac
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plam
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Cornmiss
APPROVES JAMES CANYON ESTATES - CT 98-20, based on the follom
findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivisioI
conditioned, is consistent with and satisfies all requirements of the General Plan,
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the S
Subdivision Map Act, and will not cause serious public health problems, in that the
being created satisfy all minimum requirements of Title 20 governing lot sizes :
configuration and the subdivision design is consistent with the R-1 zone regulati
and conditioned to construct James Drive and improve Hillside Drive to full wi
and full half-width right-of-way including curbs, gutters, sidewalks, street lig
fire hydrants, and underground utilities in accordance with City standards an
City Standards variance issued by the Public Works Director allowing the Jal
Drive cul-de-sac to exceed the standard length. The proposed street systen
adequate to handle the projects pedestrian traffic and accommodate emerge
vehicles.
2. That the proposed project is compatible with the surrounding future land uses si
surrounding properties are also designated for low medium density residen
development on the General Plan and developed with single family residences
similar densities to those proposed by the project.
3. That the site is physically suitable for the type and density of the development since
site is adequate in size and shape to accommodate residential development at the den
proposed, in that the single family subdivision is within the RLM density range
the 12 lots comply with all City policies and standards without the need
variances from development standards.
19 4. That the design of the subdivision or the type of improvements will not conflict 7
easements of record or easements established by court judgment, or acquired by
20 public at large, for access through or use of property within the proposed subdivision..
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5. That the property is not subject to a contract entered into pursuant to the L
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passiv
natural heating or cooling opportunities in the subdivision, in that the 7,500+ square
lot sizes enable natural heating and cooling opportunities by allowing adeql
building separation and a variety of building placement alternatives.
7. That the Planning Commission has considered, in connection with the housing propc
by this subdivision, the housing needs of the region, and balanced those housing nl
against the public service needs of the City and available fiscal and environmt
resources.
28 8. That the design of the subdivision and improvements are not likely to cause substa
environmental damage nor substantially and avoidably injure fish or wildlife or 1
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habitat, in that all feasible mitigation measures identified in MEIR 93-01 i
mitigation required by the Mitigated Negative Declaration issued for the proj
have been incorporated into the project design or required as a condition
approval.
9. That the discharge of waste from the subdivision will not result in violation of exist
California Regional Water Quality Control Board requirements, in that the project
been designed in accordance with the Best Management practices for water qua
protection in accordance with the City’s sewer and drainage standards and
project is conditioned to comply with the National Pollution Discharge Eliminal
System (NPDES) requirements.
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10. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan, based on the facts set fort1
the staff report dated November 17,1999 including, but not limited to the following:
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A. Land Use- The project is consistent with the City’s General Plan since
proposed density of 3.76 ddacre is within the density range of 0-4 du/:
specified for the site as indicated on the Land Use Element of the General P
The project density slightly exceeds the growth control point of 3.2 du/al
however, the General Plan allows infill subdivisions in LFMP Zone 1
exceed the density range and/or GCP up to 25% above the maxim
allocation (5 dwelling units per acre), in those cases where the underly
zone would permit a slightly higher yield, compatibility is ensured, :
Growth Management findings can be made. The project is an ir
subdivision located in LFMP Zone 1, public facilities are adequate in LF
Zone 1 to accommodate the proposed units, and there are excess dwell
units in the quadrant to ensure that the maximum number of dwelling u
in the northwest quadrant would not be exceeded at buildout. Propa
7,500+ square foot lot sizes are compatible with the minimum lot sizes in
I surrounding area;
B. Circulation - The circulation system is designed to provide adequate acces
the proposed lots and complies with all applicable City design standards
a City Standards variance issued by the Public Works Director allowing
James Drive cul-de-sac to exceed the standard length.
C. Housing - That the project is consistent with the Housing Element of
General Plan and the Inclusionary Housing Ordinance as the Developer
been conditioned to enter into an Affordable Housing Agreement to pro1
and restrict two second dwelling units on Lots 6 and 11 and to pay to the (
an amount equal to .12 times the average subsidy needed to make afford;
to a lower income household one newly constructed typical attached hou:
unit.
D. Public Safety - The project is conditioned to construct units with apprc
automatic fire sprinkler systems due to the inability to conform with the (
access and cul-de-sac standards. 11 PC RES0 NO. 4663 -3 -
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11. The project is consistent with the City-Wide Facilities and Improvements Plan, the LC
Facilities Management Plan for Zone 1 and all City public facility policies
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements regarding: sewer collecl
and treatment; water; drainage; circulation; fire; schools; parks and other recreatic
facilities; libraries; government administrative facilities; and open space, related to
project will be installed to serve new development prior to or concurrent with nt
Specifically:
A. The project has been conditioned to ensure that the final map will not be appro
unless the City Council finds that sewer service is available to serve the proj
In addition, the project is conditioned such that a note shall be placed on the f
map that building permits may not be issued for the project unless the Disi
Engineer determines that sewer service is available, and building cannot o(
within the project unless sewer service remains available, and the Disl
Engineer is satisfied that the requirements of the Public Facilities Element of
General Plan have been met insofar as they apply to sewer service for this projc
B. The project has been conditioned to provide proof from the Carlsbad Uni
School 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 required
conditions of approval.
E. The developer has agreed and is required by the inclusion of an appropr
condition to pay a public facilities fee. Performance of that contract and payn
of the fee will enable this body to find that public facilities will be avail;
concurrent with need as required by the General Plan.
12. That the project is consistent with the City’s Landscape Manual (Carlsbad Munic
Code Section 14.28.020 and Landscape Manual Section I B).
13. That the project will provide sufficient additional public facilities for the densit!
excess of the control point to ensure that the adequacy of the City’s public facility p
will not be adversely impacted, in that public facilities are adequate in Zone I
accommodate the additional .56 unit above the GCP.
14. That there have been sufficient developments approved in the quadrant at densities be
the control point to offset the units in the project above the control point so that apprc
will not result in exceeding the quadrant limit.
15. That all necessary public facilities required by the Growth Management Ordinance
be constructed or are guaranteed to be constructed concurrently with the need for f
created by this project and in compliance with adopted City standards.
16. The Planning Commission has reviewed each of the exactions imposed on the Develc
contained in this resolution, and hereby finds, in this case, that the exactions are imp(
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to mitigate impacts caused by or reasonably related to the project, and the extent and
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final may
issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, tc
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the righ
revoke or modify all approvals herein granted; deny or further condition issuance 0:
hture building permits; deny, revoke or fwther condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatio
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approve
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all correct
and modifications to the project documents, as necessary to make them intern
consistent and in conformity with the final action on the project. Development s
occur substantially as shown on the approved Exhibits. Any proposed developn
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and 11
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payn
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Pro
are challenged, this approval shall be suspended as provided in Government Code Sec
66020. If any such condition is determined to be invalid this approval shall be inv
unless the City Council determines that the project without the condition complies I
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
representatives, from and against any and all liabilities, losses, damages, demands, clz
and costs, including court costs and attorney’s fees incurred by the City arising, dire
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map,
City’s approval or issuance of any permit or action, whether discretionary or I
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted hers
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the Planning Department a reproducible 24” x
mylar copy of the Tentative Map and Site Development Plan reflecting the condit
approved by the final decision making body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to
Director from the School District that this project has satisfied its obligation to pro\
school facilities.
8. This project shall comply with all conditions and mitigation measures which are requ-
as part of the Zone 1 Local Facilities Management Plan and any amendments madc
that Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency provic
water and sewer services to the project provides written certification to the City
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity
facilities will continue to be available until the time of occupancy. A note to this ef
shall be placed on the Final Map.
10. The Developer shall implement, or cause the implementation of, the James Can:
Estates Project Mitigation Monitoring and Reporting Program.
11. This approval is granted subject to the approval of the Mitigated Negative Declaral
and Mitigation Monitoring and Reporting, CT 98-20, SDP 99-09, HDP 98-22, :
CDP 98-90 and is subject to all conditions contained in Planning Commiss
Resolutions No. 4662,4663,4664,4665 and 4666 dated November 17,1999.
12. Prior to the approval of the final map for any phase of this project, or where a map is
being processed, prior to the issuance of building permits for any lots or units,
Developer shall enter into an Affordable Housing Agreement to provide and rest
two second dwelling units on Lots 6 and 11 and to pay to the City an amount eq
to .12 times the average subsidy needed to make affordable to a lower incc
household one newly constructed typical attached housing unit, with the Cit)
accordance with the requirements and process set forth in Chapter 21.85 of the Carls
Municipal Code. The draft Affordable Housing Agreement shall be submitted to
Planning Director no later than 60 days prior to the request to final the map. ’
recorded Affordable Housing Agreement shall be binding on all future owners
successors in interest.
13. The Developer shall submit and obtain Planning Director approval of a Final Landsc
and Irrigation Plan showing conformance with the approved Preliminary Landscape I
and the City’s Landscape Manual. The Developer shall construct and install
landscaping as shown on the approved Final Plans, and maintain all landscaping :
healthy and thriving condition, free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to
landscape plan check process on file in the Planning Department and accompanied by
project’s building, improvement, and grading plans.
15. Prior to the issuance of the final map, Developer shall submit to the City a Noticl
Restriction to be filed in the office of the County Recorder, subject to the satisfactio:
the Planning Director, notifying all interested parties and successors in interest that
City of Carlsbad has issued a Tentative Map, Site Development Plan, Hill!
Development Permit, and Coastal Development Permit by Resolutions No. 4(
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4664, 4665 and 4666 on the real property owned by the Developer. Said Noticc
Restriction shall note the property description, location of the file containing comp
project details and all conditions of approval as well as any conditions or restricti
specified for inclusion in the Notice of Restriction. The Planning Director has
authority to execute and record an amendment to the notice which modifies or termin,
said notice upon a showing of good cause by the Developer or successor in interest.
16. The developer shall post a sign in the sales office in a prominent location that disclc
which special districts and school district provide service to the project. Said sign s
remain posted until ALL of the units are sold.
17. The Developer shall provide a minimum of 25 percent of the lots with adequate side)
area for Recreational Vehicle storage pursuant to City Standards.
18. If satisfaction of the school facility requirement involves a Mello-Roos Commu
Facilities District or other financing mechanism which is inconsistent with City Cou
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buy
then in addition to any other disclosure required by law or Council policy, the Develc
shall disclose to future owners in the project, to the maximum extent possible,
existence of the tax or fee, and that the school district is the taxing agency responsible
the financing mechanism. The form of notice is subject to the approval of the Planr
Director and shall at least include a handout and a sign inside the sales facility stating
fact of a potential pass-through of fees or taxes exists and where complete informa
regarding those fees or taxes can be obtained.
19. The Developer shall display a current Zoning and Land Use Map, or an alternat
suitable to the Planning Director, in the sales office at all times. All sales maps that
distributed or made available to the public shall include but not be limited to trails, fu
and existing schools, parks and streets.
20. The developer shall post a sign in the sales office in a prominent location that disclc
which special districts and school district provide service to the project. Said sign s
remain posted until ALL of the units are sold.
21. Owners of Lots 11 and 12 shall maintain the landscaping and irrigation on
descending slopes located on the rear portion of these lots in a healthy and thriy
condition in accordance with the approved James Canyon Estates Landscape I
at all times.
22. a. Prior to any grading of the project site, a paleontologist shall be retained to perfc
a walkover survey of the site and to review the grading plans to determine if
proposed grading will impact fossil resources. A copy of the paleontologist’s re]
shall be provided to the Planning Director prior to issuance of a grading permit;
b. A qualified paleontologist shall be retained to perform periodic inspections of
site and to salvage exposed fossils. Due to the small nature of some of the fo:
present in the geologic strata, it may be necessary to collect matrix samples
laboratory processing through fine screens. The paleontologist shall make peril
reports to the Planning Director during the grading process;
1) PC RES0 NO. 4663 -7-
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c. The paleontologist shall be allowed to divert or direct grading in the area of
exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts;
d. All fossils collected shall be donated to a public, non-profit institution wit1
research interest in the materials, such as the San Diego Natural History Museum
e. Any conflicts regarding the role of the paleontologist and the grading activitie5
the project shall be resolved by the Planning Director and City Engineer.
Enpineering:
General
23. Prior to issuance of any building permit, the developer shall comply with
requirements of the City's anti-graffiti program for wall treatments if and when suc
program is formerly established by the City.
24. There shall be one final subdivision map recorded for this project.
25. All concrete terrace drains shall be maintained by the homeowner's association (if
commonly owned property) or the individual property owner (if on an individu,
owned lot). An appropriately worded statement clearly identifying the responsibi
shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map
26. The developer shall defend, indemnify and hold harmless the City and its agents, offic
and employees from any claim, action or proceeding against the City or its age
officers, or employees to attack, set aside, void or null an approval of the City,
Planning Commission or City Engineer which has been brought against the City wi1
the time period provided for by Section 66499.37 of the Subdivision Map Act.
27. Prior to hauling dirt or construction materials to or from any proposed construction
within this project, the developer shall submit to and receive approval from the (
Engineer for the proposed haul route. The developer shall comply with all conditions
requirements the City Engineer may impose with regards to the hauling operation.
28. The developer shall install sight distance corridors at all street intersections in accorda
with Engineering Standards and shall record the following statement on the Final Map
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches ab
the street level may be placed or permitted to encroach within the area identi
as a sight distance corridor in accordance with City Standard Public Street-De:
Criteria, Section 8.B.3. The underlying property owner shall maintain
condition."
29. Prior to recordation of the final map, the developer shall include verbiage on
final map to grant temporary private slope and grading easements for the benefi
the southwesterly adjacent property (APN 207-022-10). These easements s'
extend to the top of the proposed slope and shall encumber Lots 11 and 12 of
development to enable APN 207-022-10 to grade their property to match :
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elevations of this development. The map shall also include language stating t
these easements shall expire once building permits have been issued for APN 2
022-1 0.
30. Prior to recordation of the final map, the developer shall submit evidence (
recorded documents) that off-site temporary slope and grading easements have b
secured, for the benefit of the City, for the installation of off-site improvement!
James Drive as part of this development.
FeedAgreements
3 1. The developer shall pay all current fees and deposits required.
32. The owner of the subject property shall execute an agreement holding the City harm
regarding drainage across the adjacent property.
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 shall E
written consent to the annexation of the area shown within the boundaries of
subdivision plan into the existing City of Carlsbad Street Lighting and LandscaF
District No. 1 on a form provided by the City.
Grading
35. Based upon a review of the proposed grading and the grading quantities shown on
tentative map, a grading permit for this project is required. The developer must sub
and receive approval for grading plans in accordance with City codes and standards p
to issuance of a building permit for the project.
36. Prior to the issuance of a grading permit or building permit, whichever occurs first,
developer shall submit proof that a Notice of Intention has been submitted to the S
Water Resources Control Board.
37. Upon completion of grading, the developer shall ensure that an "as-graded" geologic I
is submitted to the City Engineer. The plan shall clearly show all the geology as expc
by the grading operation, all geologic corrective measures as actually constructed
must be based on a contour map which represents both the pre and post site grading. r
plan shall be signed by both the soils engineer and the engineering geologist. The 1
shall be prepared on a 24" x 36" mylar or similar drafting film and shall becon
permanent record.
38. No grading for private improvements shall occur outside the limits of the subdivi:
unless a grading or slope easement or agreement is obtained from the owners of
affected properties and recorded. If the developer is unable to obtain the grading or SI
easement, or agreement, no grading permit will be issued. In that case the developer I:
either amend the tentative map or modify the plans so grading will not occur outside
project site in a manner which substantially conforms to the approved tentative ma]
determined by the City Engineer and Planning Director.
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39. Prior to issuance of grading permits, the developer shall include measures on
grading plans to direct all storm water, including overflow from the failsafe, to
directed (via an inlet) into the existing 48" storm drain traversing the site. No stc
water, including overflow from the failsafe, shall be directed to the adjac
properties, but rather into the existing public system.
Dedications/Improvements
40. Additional drainage easements may be required. Drainage structures shall be providec
installed prior to or concurrent with any grading or building permit as may be requirec
the City Engineer.
41. The owner shall make an offer of dedication to the City for all public streets
easements required by these conditions or shown on the tentative map. The offer shal
made by a certificate on the final map for this project. All land so offered shall
granted to the City free and clear of all liens and encumbrances and without cost to
City. Streets that are already public are not required to be rededicated.
42. James Drive shall be dedicated by the owner along the project frontage based on a ce
line to right-of-way width of 30 feet and 28 feet as shown on the tentative map an1
conformance with City of Carlsbad Standards. Prior to approval of the final map,
applicant must submit to the City Engineer recorded documents to verify the off-
right-of-way of James Drive has been obtained. This development curre]
proposes off-site public improvements outside the limits of the subdivh
boundary, in which right-of-way must be secured.
43. Prior to issuance of building permits, the developer shall underground all exis
overhead utilities within the subdivision boundary.
44. Direct access rights for all lots abutting Hillside Drive shall be waived on the final ma
45. The developer shall comply with the City's requirements of the National Pollu
Discharge Elimination System (NPDES) permit. The developer shall provide 1
management practices as referenced in the "California Storm Water Best Managen
Practices Handbook" to reduce surface pollutants to an acceptable level prior to disch;
to sensitive areas. Plans for such improvements shall be approved by the City Engin
Said plans shall include but not be limited to notieing prospective owners and tenant
the following:
A. All owners and tenants shall coordinate efforts to establish or work 7
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives, and other 5
fluids shall not be discharged into any street, public or private, or into storm d
or storm water conveyance systems. Use and disposal of pesticides, fungici
herbicides, insecticides, fertilizers and other such chemical treatments shall r
Federal, State, County and City requirements as prescribed in their respec
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Federal, State, County and City requirements as prescribed in their respecl
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollut:
when planning any changes to the landscaping and surface improvements.
46. Plans, specifications, and supporting documents for all public improvements shall
prepared to the satisfaction of the City Engineer. In accordance with City Standards,
developer shall install, or agree to install and secure with appropriate security as provi
by law, improvements shown on the tentative map and the following improvements:
1. Full-width public road and utility improvements to James Drive from its exisi
southerly terminus to its proposed southerly terminus.
2. Full half-width road improvements to Hillside Drive along the project frontage.
A list of the above improvements shall be placed on an additional map sheet on the f
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvemt
listed above shall be constructed within 18 months of approval of the secc
improvement agreement or such other time as provided in said agreement.
Final Map Notes
47. Note(s) to the following effect(s) shall be placed on the final map as non-mapping dats
A. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successor2
interest has agreed to hold harmless and indemnify the City of Carlsbad fi
any action that may arise through any geological failure, ground water seep
or land subsidence and subsequent damage that may occur on, or adjacent
this subdivision due to its construction, operation or maintenance.
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches ab
the street level may be placed or permitted to encroach within the area identi
as a sight distance corridor in accordance with City Standard Public Street-De!
Criteria, Section 8.B.3. The underlying property owner shall maintain
condition.
Fire:
48. All structures must be protected by approved automatic fire sprinkler systems due to
inability to conform with the City access and cul-de-sac standards.
Water:
49. The Developer shall provide detailed information to the District Engineer regarding w
demand, irrigation demand, fire flow demand in gallons per minute, and projected se
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flow in million gallons per day.
50. The entire potable water system, recycled water system and sewer system shall
evaluated in detail by Developer and District Engineer to insure that adequate capac
pressure and flow demands can be met.
5 1. All District pipelines and appurtenances required for this project by the District shal
within public right-of-way or within minimum 20’ wide easements granted to the Disi
or the City of Carlsbad.
52. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirements.
B. Prepare and submit a colored recycled water use area map and submit this ma]
the Planning Department for processing and approval by the District Engineer.
C. Prior to the preparation of sewer, water and recycled water improvement pl;
the Developer shall submit preliminary system layouts to the District Engineer
review, comment and approval.
53. The following note shall be placed on the final map. “This project is approved upon
expressed condition that building permits will not be issued for development of
subject property unless the District serving the development has adequate water
sewer capacity available at the time development is to occur, and that such water
sewer capacity will continue to be available until time of occ~pancy.~~
54. All potable water and recycled water meters shall be placed within public right of way
55. No more than 19 homes shall be served on a single potable water distribul
pipeline. For those locations with more than 19 homes, a looped potable wi
pipeline system shall be designed. A minimum of two connections to the exisl
potable water system will be required, one with James Drive and one within Hill!
Drive. The connection to the public main in Hillside Drive will require an easem
dedication to the District or the City. The location of such easement shall
approved by the District.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limite
the following:
56. The Developer shall be responsible for all fees, deposits and charges which wil:
collected before and/or at the time of issuance of the building permit. The San Di
County Water Authority capacity charge will be collected at issuance of application
any meter installation.
57. The developer shall exercise special care during the construction phase of this projec
prevent offsite siltation. Planting and erosion control shall be provided in accord2
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with the Carlsbad Municipal Code and the City Engineer.
58. Some improvements shown on the tentative map and/or required by these conditions
interest to permit the improvements to be made without acquisition of title or inter
3 located offsite on property which neither the City nor the owner has sufficient title
4 The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
511 Fees
6 59. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the f
7 map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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60. Developer shall pay the License Tax on new construction imposed by Carlsbad Munic:
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Pul
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicl
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All s
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid,
approval will not be consistent with the General Plan and shall become void.
61. The Developer shall pay a landscape plan check and inspection fee as required by Sed
20.08.050 of the Carlsbad Municipal Code.
Final Mar, Notes
62. The Developer shall provide the following note on the final map of the subdivision
final mylar of this development submitted to the City:
A. “Chapter 21.90 of the Carlsbad Municipal Code established a Gro
Management Control Point for each General Plan land use designat:
Development cannot exceed the Growth Control Point except as provided
Chapter 21.90. The RLM land use designation for this development allows
dwelling units per non-constrained acre”.
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63. Approval of this request shall not excuse compliance with all applicable sections of 22
General
23 Zoning Ordinance and all other applicable City ordinances in effect at time of builc
permit issuance, except as otherwise specifically provided herein.
24 64. All roof appurtenances, including air conditioners, shall be architecturally integrated
25 concealed from view and the sound buffered from adjacent properties and streets
substance as provided in Building Department Policy No. 80-6, to the satisfaction of 26 Directors of Community Development and Planning.
27 65. The Developer shall submit a street name list consistent with the City’s street n;
28 policy subject to the Planning Director’s approval prior to final map approval.
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66. Addresses, approved by the Building Official, shall be placed on all new and exist
buildings so as to be plainly visible from the street or access road; color of identificat
and/or addresses shall contrast to their background color, as required by Carlsl
Municipal Code Section 18.04.320.
67. Any signs proposed for this development shall at a minimum be designed in conforma:
with the City’s Sign Ordinance and shall require review and approval of the Plann
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicatic
reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexacti
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi.
a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 17th day of November, 1999,
the following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heweux,
Nielsen, Segall, and Trigas
NOES: Commissioner Welshons
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
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