HomeMy WebLinkAbout1999-12-15; Planning Commission; Resolution 4682I
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PLANNING COMMISSION RESOLUTION NO. 4682
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 12.9 ACRES INTO 105 AIR SPACE
CONDOMINIUM UNITS ON PROPERTY GENERALLY
LOCATED WITHIN THE RANCHO CARRILLO MASTER
PLAN WEST OF MELROSE DRIVE ALONG THE SOUTHERN
BOUNDARY OF THE MASTER PLAN IN LOCAL
FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGE N
CASE NO.: CT 99-09
WHEREAS, D. R. Horton San Diego, Inc., “Developer”, has filed a verj
application with the City of Carlsbad regarding property owned by D. R. Horton, San D
Holding Company, Inc., “Owner”, described as
APPROVAL OF CARLSBAD TRACT NUMBER CT 99-09 TO
Lot 164, Carlsbad Tract No. 93-04, Rancho Carrillo Village
“N” Phase 3, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 13800, filed
in the office of the County Recorder of San Diego County on
June 10,1999.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative T
Map as shown on Exhibit(s) “A” - “BB” dated December 15, 1999, on file in the Plm
Department, RANCHO CARRILL0 VILLAGE N - CT 99-09, as provided by Title 20 of
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of December, I!
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 Plm
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 Commis!
RECOMMENDS APPROVAL OF RANCHO CARRILLO VILLAGE
CT 99-09, based on the following findings and subject to the follov
conditions:
5 11 Findinps:
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1. That the proposed map and the proposed design and improvement of the subdivisior
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
project is consistent with all Title 20 and 21 regulations governing airsp
subdivisions and the design of multi-family condominiums.
10 2. That the proposed project is compatible with the surrounding existing and future 1
for residential single family and multi-family land uses that are adequal
family development at a similar density and design.
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uses since surrounding properties are designated by the Master Plan and General P
separated and buffered and existing development to the south consists of mu
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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 project is limited to the building pad created by the Ranc
Carrillo Master Plan mass grading, below the maximum number of units permit1
by the Master Plan, and consistent with all applicable development standards a
design criteria.
18 4. That the design of the subdivision or the type of improvements will not conflict u
easements of record or easements established by court judgment, or acquired by
19 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 Li
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive
natural heating or cooling opportunities in the subdivision, in that the development 7
consist of triplex structures with adequate separation to ensure air circulati
within and surrounding residential units.
7. That the Planning Commission has considered, in connection with the housing propo:
by this subdivision, the housing needs of the region, and balanced those housing net
against the public service needs of the City and available fiscal and environmer
resources.
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8. That the design of the subdivision and improvements are not likely to cause substanl
habitat, in that all applicable biological mitigation measures required by Final E
environmental damage nor substantially and avoidably injure fish or wildlife or th
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91-04 and MEIR 93-01 have been incorporated into the project and/or added to
project as conditions of approval.
9. That the discharge of waste from the subdivision will not result in violation of exis
California Regional Water Quality Control Board requirements, in that the sewer 1
drainage requirements of the Rancho Carrillo Master Plan and EIR 91-04 b
been considered and appropriate sewer and drainage facilities have been desig
to accommodate the project. In addition to City Engineering Standards
compliance with the City’s Master Sewer and Drainage Plans, National Pollur
Discharge Elimination System (NPDES) standards will be satisfied.
10. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan and Rancho Carrillo Mar
Plan based on the facts set forth in the staff report dated December 15, 1999, includj
but not limited to the following:
A. Land Use - The project is consistent with the City’s General Plan Residen
Medium High (RMH) land use designation for the site since the propo
density of 10 dwelling unitdacre is within the density range of 8-15 dwell
units/acre and below the Growth Management Growth Control Point of 1
dwelling unitdacre.
B. Circulation - The project is served by the Melrose Drive prime circulat
arterial roadway which has been completed and the project is conditione(
complete all necessary onsite roadway improvements prior to occupancy
any unit.
C. Noise - Project noise levels that exceed the City’s 60 dBA CNEL standi
along Palomar Airport Road have been mitigated to the standard throu
the use of a combination berm and solid 6’ masonry wall.
11. The project is consistent with the City-Wide Facilities and Improvements Plan,
applicable local facilities management plan, and all City public facility policies i
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements: regarding sewer collect
and treatment; water; drainage; circulation; fire; schools; parks and other recreatia
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 provide proof from the San Marcos Schi
District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, :
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will
collected prior to the issuance of building permit.
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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. 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 impc
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 map
issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
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 righi
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupa;
issued under the authority of approvals herein granted; institute and prosecute litigatior
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 approva
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the project documents, as necessary to make them interna
consistent and in conformity with the final action on the project. Development sl
occur substantially as shown on the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paym
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
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5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend L
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, L
representatives, from and against any and all liabilities, losses, damages, demands, clai
and costs, including court costs and attorney’s fees incurred by the City arising, direc
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 nc
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted here1
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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 reflecting the conditions approved by the final decis
making body.
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 prov
school facilities.
8. This project shall comply with all conditions and mitigation measures which are requi
as part of the Zone 18 Local Facilities Management Plan and any amendments madt
that Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City I
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 E
facilities will continue to be available until the time of occupancy. A note to this eff:
shall be placed on the Final Map.
10. The Developer shall implement, or cause the implementation of, the Rancho Carri
Village N Project Mitigation Monitoring and Reporting Program.
11. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting Program and CP 99-06 and is subject
all conditions contained in Planning Commission Resolutions No. 4680 and 4t
dated December 15,1999.
12.
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The Developer shall submit and obtain Planning Director approval of a Final Landscs
and Irrigation Plan showing conformance with the approved Preliminary Landscape P:
and the City’s Landscape Manual. The Developer shall construct and install
landscaping as shown on the approved Final Plans, and maintain all landscaping ir
healthy and thnving condition, free from weeds, trash, and debris. A maintenar
responsibilities plan for the common area (to be maintained by the Homeowne
Association) and for the exclusive use areas (to be maintained by the individl
airspace unit owner) in accordance with the Tentative MapKondominium Site PI
shall be included in the final landscape plan.
13. 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 t
project’s building, improvement, and grading plans.
14. The enhanced paving shown on Sheet 3 of the conceptual Landscape Plan (Exhibit “
dated December 15, 1999) at the entrance to each motor court shall be expanded to 1
satisfaction of the Planning Director prior to approval of final landscape plans. The pl:
sizes identified on Exhibit “F” shall be upsized to 15 gallon for Pittosporum Tobi
Rhaphiolepis Indica and Jasminum Polyanthum.
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15. The developer shall submit a “Trellis/Patio Cover Plan” subject to approval of
Planning Director.
16. All entry monumentation, perimeter walls and/or fencing shall be in conforma
with the approved Rancho Carrillo Master Plan. The noise wall proposed all
Melrose Drive shall be in accordance with the Community Theme Wall.
17. The Developer shall establish a homeowner‘s association and corresponding covena~
conditions and restrictions. Said CC&Rs shall be submitted to and approved by
Planning Director prior to final map approval. Prior to issuance of a building permit
Developer shall provide the Planning Department with a recorded copy of the off1
CC&Rs that have been approved by the Department of Real Estate and the Plann
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement bv the Citv. The City shall have the right, but not
obligation, to enforce those Protective Covenants set forth in this Declaratior
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provided
the City in advance. If the proposed amendment affects the City, City shall h;
the right to disapprove. A copy of the final approved amendment shall
transmitted to City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements. In
event that the Association fails to maintain the “Common Area Lots and/or
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necess
maintenance. If the City elects to perform such maintenance, the City shall g
written notice to the Association, with a copy thereof to the Owners in the Projt
setting forth with particularity the maintenance which the City finds to be requil
and requesting the same be carried out by the Association within a period of thi
(30) days from the giving of such notice. In the event that the Association fails
carry out such maintenance of the Common Area Lots and/or Associatio:
Easements within the period specified by the City’s notice, the City shall
entitled to cause such work to be completed and shall be entitled
reimbursement with respect thereto from the Owners as provided herein.
D. Special Assessments Levied bv the City. In the event the City has performed
necessary maintenance to either Common Area Lots and/or Associatio
Easements, the City shall submit a written invoice to the Association for all cc
incurred by the City to perform such maintenance of the Common Area Lots a
or Association’s Easements. The City shall provide a copy of such invoice
each Owner in the Project, together with a statement that if the Association fails
pay such invoice in full within the time specified, the City will pursue collecti
against the Owners in the Project pursuant to the provisions of this Section. St
invoice shall be due and payable by the Association within twenty (20) days
receipt by the Association. If the Association shall fail to pay such invoice in f
within the period specified, payment shall be deemed delinquent and shall
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subject to a late charge in an amount equal to six percent (6%) of the amoun
the invoice. Thereafter the City may pursue collection from the Association
means of any remedies available at law or in equity. Without limiting
generality of the foregoing, in addition to all other rights and remedies avail2
to the City, the City may levy a special assessment against the Owners of each
in the Project for an equal prorata share of the invoice, plus the late charge. S
special assessment shall constitute a charge on the land and shall be a continu
lien upon each Lot against which the special assessment is levied. Each Owne
the Project hereby vests the City with the right and power to levy such spei
assessment, to impose a lien upon their respective Lot and to bring all le
actions andor to pursue lien foreclosure procedures against any Owner
hidher respective Lot for purposes of collecting such special assessment
accordance with the procedures set forth in Article of this Declaration
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or 1
owner landscape maintenance responsibilities shall be as set forth in the appro
final Landscape Plan.
F. Balconies, trellis and decks. The individual lot or unit owner allowances
prohibitions regarding balconies, trellis and decks shall be as set forth in
approved TrellisPatio Cover Plan.
G. No parking shall be allowed in the courtyard areas.
18. Developer shall submit to the City a Notice of Restriction to be filed in the office of
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issuec
Tentative Tract Map and Condominium Permit by Resolutions No. 4682 and 4683
the real property owned by the Developer. Said Notice of Restriction shall note
property description, location of the file containing complete project details and
conditions of approval as well as any conditions or restrictions specified for inclusior
the Notice of Restriction. The Planning Director has the authority to execute and rec
an amendment to the notice which modifies or terminates said notice upon a showini
good cause by the Developer or successor in interest.
19. 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 SI
remain posted until ALL of the units are sold.
EnFineerinP:
20. 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.
21. There shall be one final subdivision map recorded for this project.
22. The developer shall provide an acceptable means for maintaining the private easemt
within the subdivision and all the private: streets, sidewalks, street lights, and storm 1
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facilities located therein and to distribute the costs of such maintenance in an equit;
manner among the owners of the properties within the. subdivision. Adequate provi:
for such maintenance shall be included with the CC&Rs subject to the approval of
City Engineer.
23. All concrete terrace drains shall be maintained by the homeowner's association.
appropriately worded statement clearly identifying the responsibility shall be place(
the CC&Rs (if maintained by the Association) and on the final map.
24. 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 wit
the time period provided for by Section 66499.37 of the Subdivision Map Act.
25. 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 C
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.
26. Rain gutters must be provided to convey roof drainage to an approved drainage coursc
street to the satisfaction of the City Engineer.
27. The developer shall provide for sight distance corridors at all street intersections
accordance with Engineering Standards and shall record the following statement on
Final Map (and in the CC&Rs).
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
street level may be placed or permitted to encroach within the area identified as a si,
distance corridor in accordance with City Standard Public Street-Design Criteria, Sect
8.B.3. The underlying property owner shall maintain this condition."
FeedAmeernents
28. The owner of the subject property shall execute an agreement holding the City harm1
regarding drainage across the adjacent property.
23 29. The owner shall execute a hold harmless agreement for geologic failure.
24 30. Prior to approval of any grading or building permits for this project, the owner shall g
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subdivision plan into the existing City of Carlsbad Street Lighting and Landscap:
written consent to the annexation of the area shown within the boundaries of
District No. 1 on a form provided by the City.
27 11 Grading
28 31. 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 sub1
and receive approval for grading plans in accordance with City codes and standards pr
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to issuance of a building permit for the project.
32. 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.
33. Upon completion of grading, the developer shall ensure that an "as-graded" geologic 1
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. 1
plan shall be signed by both the soils engineer and the engineering geologist. The I
shall be prepared on a 24" x 36" mylar or similar drafting film and shall becorr
permanent record.
Dedications/Improvements
34. Additional drainage easements may be required. Drainage structures shall be provide(
installed prior to or concurrent with any grading or building permit as may be required
the City Engineer.
35. 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 discha
to sensitive areas. Plans for such improvements shall be approved by the City Engin1
Said plans shall include but not be limited to notifjing prospective owners and tenant:
the following:
A. All owners and tenants shall coordinate efforts to establish or work v
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 SI
fluids shall not be discharged into any street, public or private, or into storm dr
or storm water conveyance systems. Use and disposal of pesticides, fungicic
herbicides, insecticides, fertilizers and other such chemical treatments shall IT
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.
36. 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 within the publicly dedica
easements. A list of the improvements shall be placed on an additional map sheel
the final map per the provisions of Sections 66434.2 of the Subdivision Map 1
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The improvements shall be constructed within 18 months of approval of the secu:
improvements agreement or such other time as provided in said agreement.
A. Private Streets
B. Private Streets “B”, “C”, and “D”
C. Sewer and water facilities.
A list of the above improvements shall be placed on an additional map sheet on the fi
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvemc
listed above shall be constructed within 18 months of approval of the secu
improvement agreement or such other time as provided in said agreement.
37. Prior to issuance of a building permit, Developer shall execute an agreem
satisfactory to the Director of Public Works and approved by the City AttorneJ
to form, along with an appropriate bond, to design and construct a traffic signa
the intersection of Melrose Drive and the project entrance. The agreement may
executed on behalf of the City by the Director of Public Works, shall be record
and include provisions for automatic termination if the Director of Public Wo
has not made demand upon the Developer for design and construction within 1
years from the date of issuance of the first building permit for the subdivision. ’I
Director of Public Works is authorized to execute and record an appropriate rele
of the agreement when satisfied or terminated pursuant to those provisions.
38. The applicant shall apply for and obtain a City right-of-way permit for connect
to the public storm drain system and for joining the project entrance improveme
to the existing Melrose Drive street improvements.
39. The design of all private streets and drainage systems shall be approved by the C
Engineer. The structural section of all private streets shall conform to City of Carlsl
Standards based on R-value tests. All private streets and drainage systems shall
inspected by the City. The standard improvement plan check and inspection fees shall
paid prior to approval of the final map for this project.
Final Map Notes
40. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data
A. All improvements are private and are to be privately maintained with
exception of water and sewer facilities.
B. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in inte
has agreed to hold harmless and indemnify the City of Carlsbad from any acl
that may arise through any geological failure, ground water seepage or 1
subsidence and subsequent damage that may occur on, or adjacent to,
subdivision due to its construction, operation or maintenance.
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C. 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-Des
Criteria, Section 8.B.3. The underlying property owner shall maintain
condition.
D. The Developer shall provide the following note on the final map of
subdivision and final mylar of this development submitted to the City:
“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 RMH land use designation for this development allows 3
dwelling units per non-constrained acre.
41. The subject property is within the boundaries of Assessment District No. 96-1 (Ram
Carrillo). Upon the subdivision of land within the district boundaries, the owner n
pass through assessments to subsequent owners only if the owner has executed a Spel
Assessment District Pass-through Authorization Agreement. Said Agreement cont;
provision regarding notice to potential buyers of the amount of the assessment and ot
provisions and requires the owner to have each buyer receive and execute a Notice
Assessment and an Option Agreement. In the event that the owner does not execute
Authorization Agreement, the assessment on the subject property must be paid off in
bv the owner prior to final map approval.
42. As required by state law, the subdivider shall submit to the City an application
segregation of assessments along with the appropriate fee. A segregation is not requj
if the developer pays off the assessment on the subject property prior to the recordatiol
the final map. In the event a segregation of assessments is not recorded and propee
subdivided, the full amount of assessment will appear on the tax bills of each new lot.
Water:
43. All District pipelines and appurtenances required. for this project by the District shall
within public right-of-way or within minimum 20’ wide easements granted to the Dist
or the City of Carlsbad.
44. Sequentially, the Developer’s Engineer shall do the following:
A. State Health Department approved backflow prevention devices shall
installed on all automatic fire sprinkler systems.
B. Prepare and submit a colored recycled water use area map and submit this mal
the Planning Department for processing and approval by the District.
45. 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 I
sewer capacity available at the time of development is to occur, and that such water
sewer capacity will continue to be available until time of occupancy.”
PC RES0 NO. 4682 -1 1-
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46. All potable water and recycled water meters shall be placed within public right of wa
locations approved by the District.
47. Developer shall construct and dedicate to the Carlsbad Municipal Water Distri
looped water pipeline system with a hydraulic grade line of 700-feet as shown on
map. The looping system shall include connections to the existing pipelinc
Melrose Drive and at Carrillo Way. The pipeline from Carrillo Way to Pri,
Drive “B” shall be contained within a 20-foot wide easement dedicated to
District for water operation and maintenance purposes, parallel to a private
drainage easement. The easement and water pipeline shall cross existing 0
Space Lot 52 of Village “0,” Open Space Lot 165 of Village “N” and Lot 16~
Village “N” (from Street “B” to Carrillo Way). Developer shall enter int
Reimbursement Agreement with Carlsbad Municipal Water District to ob1
reimbursement for Developer construction from Carrillo Way to the northc
boundary of Open Space Lot 165, as well as oversizing the pipeline from 8 tc
inches (approximately 1,000 feet). The Reimbursement Agreement shall be execl:
by both parties prior to approval of the final map.
48. The Developer shall be responsible for coordinating with the District to establish that
minimum easement width of 20’ is adequate for sewer maintenance. The Developer SI
obtain District approval for this easement prior to recordation of the final map. ‘
Develop shall also be responsible for construction of a 12’ wide all weather surface alc
the length of said easement for access purposes.
Fire:
49. All buildings classified as R-1 occupancies must be protected by automatic fire sprink
designed in accordance with the requirements of the Uniform Building Code.
50. Entry gates must be equipped with a “knoxyy emergency entry system and must diseng;
upon interruption of power.
CODE REMINDERS
51. The developer shall exercise special care during the construction phase of this projec
prevent offsite siltation. Planting and erosion control shall be provided in accorda
with the Carlsbad Municipal Code and the City Engineer.
52. Building address numerals must be clearly visible from private drives.
Fees
53. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the fi
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
54. Developer shall pay the License Tax on new construction imposed by Carlsbad Munici
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Put
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 applica
PC RES0 NO. 4682 -12-
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1 Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All s
approval will not be consistent with the General Plan and shall become void. 2 taxedfees shall be paid at issuance of building permit. If the taxes/fees are not paid,
3
55. The Developer shall pay a landscape plan check and inspection fee as required by Sed 4 20.08.050 of the Carlsbad Municipal Code.
5 56. Some improvements shown on the tentative map and/or required by these conditions
6 interest to permit the improvements to be made without acquisition of title or inter
located offsite on property which neither the City nor the owner has sufficient titlt
7 The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
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57. All Streets, water mains and fire hydrants must be approved and operational bef
construction framing can begin.
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permit issuance, except as otherwise specifically provided herein. 12 Zoning Ordinance and all other applicable City ordinances in effect at time of build
58. Approval of this request shall not excuse compliance with all applicable sections of 11
General
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14 pursuant to Title 24 of the State Building Code.
15 60. All roof appurtenances, including air conditioners, shall be architecturally integrated 2
16 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
17 Directors of Community Development and Planning.
18 61. The Developer shall submit a street name list consistent with the City’s street na
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59. The project shall comply with the latest non-residential disabled access requiremc
policy subject to the Planning Director’s approval prior to final map approval.
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62. 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.
63. 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 Plannj
Director prior to installation of such signs.
25 64. The developer shall exercise special care during the construction phase of this project
with the Carlsbad Municipal Code and the City Engineer. 26 prevent offsite siltation. Planting and erosion control shall be provided in accordal
27 (1 65. The Developer shall be responsible for all fees, deposits and charges which will
28 collected before and/or at the time of issuance of the building permit. The San Dit
County Water Authority capacity charge will be collected at issuance of application
any meter installation. 1) PC RES0 NO. 4682 -13-
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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 Sec
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 tin:
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 plannl
zoning, grading or other similar application processing or service fees in connection with
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plam
Commission of the City of Carlsbad, California, held on the 15th day of December, 1999, by
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
I ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
!lthua7*
MICHAEL J. HOLZMI~ER
Planning Director
PC RES0 NO. 4682 -14-