HomeMy WebLinkAbout1999-12-15; Planning Commission; Resolution 4686e 0
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PLANNING COMMISSION RESOLUTION NO. 4686
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
SUBDIVIDE 10.4 ACRES INTO 21 LOTS AND CONSTRUCT
19 SINGLE FAMILY DWELLINGS AND THREE SECOND
DWELLING UNITS ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF CARLSBAD VILLAGE
DRIVE AND EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 2
CASE NAME: SPYGLASS I1
CASE NO.: CT 99-08
WHEREAS, Landis Industries, Inc., “Developer”, has filed a verif
application with the City of Carlsbad regarding property owned by Horace and Dolph
Felkins Trust, “Owner”, described as
CARLSBAD TRACT NUMBER CT 99-08 TO GRADE AND
That certain portion of Lot J, Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to partition Map thereof, No. 823 on file in the Office
of the County Recorder of said County, and described in Deed
to Wayne Willard Connor, recorded June 21, 1957 as
Document No. 92974 in Book 6632, page 183 of official records
of said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative 1
Map as shown on Exhibit(s) “A” - “S” dated December 15, 1999, on file in the Plam
Department SPYGLASS 11, CT 99-08, as provided by Title 20 of the Carlsbad Municipal Cm
and
WHEREAS, the Planning Commission did, on the 15th day of December, 1
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 testin
and arguments, if any, of persons desiring to be heard, said Commission considered all fa(
relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commiss
APPROVES SPYGLASS 11, CT 99-08, based on the following findings
subject to the following conditions:
Findinm:
1. That the proposed map and the proposed design and improvement of the subdivisiol
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 Titles 20 and 21 governing
sizes and configuration and have been designed to comply with all other applic:
City regulations.
2. That the proposed project is compatible with the surrounding future land uses s
surrounding properties are designated for residential development on the General P
in that surrounding residentially designated properties have been developed \
single family homes on similar sized lots.
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 der
proposed, in that the project site can accommodate the proposed resider
development while providing all required setbacks and other amenities requirec
the applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conflict '
easements of record or easements established by court judgment, or acquired by
public at large, for access through or use of property within the proposed subdivisiol
that prior to or concurrent with the recordation of the final map, the developer
vacate and adjust any easements that conflict with the proposed development.
5. That the property is not subject to a contract entered into pursuant to the I
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passiL
natural heating or cooling opportunities in the subdivision, in that the prop1
development will consist of single family residences with adequate separatio
provide residents with adequate air circulation within and surrounding exir
residential units and enable natural heating and cooling opportunities.
7. That the Planning Commission has considered, in connection with the housing prop
by this subdivision, the housing needs of the region, and balanced those housing n
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against the public service needs of the City and available fiscal and environmc
resources.
8. That the design of the subdivision and improvements are not likely to cause substar
environmental damage nor substantially and avoidably injure fish or wildlife or f
habitat, in that the project is conditioned to mitigate for the loss of the na
grasslands on the site prior to approval of the final map.
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 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.
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 fort
the staff report dated December 15,1999 including, but not limited to the following:
A. Land Use - The project is consistent with the City’s General Plan since
proposed density of 2.6 ddacre is within the density range of 0-4 dd;
specified for the site as indicated on the Land Use Element of the General P
and is below the growth control point of 3.2 du/acre.
B. Circulation - The circulation system is designed to provide adequate acces
the proposed lots and complies with all applicable City design standards.
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 provide three Second Dwelling Units and pay
inclusionary credit fee based on the remainder portion of the inclusion
requirement.
D. Open Space and Conservation - The proposed project will provide 3.9 acre
open space and a biological mitigation plan for the impacts to native hat
on-site.
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the L
Facilities. Management Plan for Zone 2 and all City public facility policies
ordinances. The project includes elements or has been conditioned to construc
provide funding to ensure that all facilities and improvements regarding: sewer collec
and treatment; water; drainage; circulation; fire; schools; parks and other recreati
facilities; libraries; government administrative facilities; and open space, related to
project will be installed to serve new development prior to or concurrent with n
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Sc
District that the project has satisfied its obligation for school facilities.
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B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
will be collected prior to issuance of building permit.
3 C. The Public Facility fee is required to be paid by Council Policy No. 17 and wil
collected prior to the issuance of building permit. 4
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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
to mitigate impacts caused by or reasonably related to the project, and the extent and 7 contained in this resolution, and hereby finds, in this case, that the exactions are impc
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Conditions: 9
degree of the exaction is in rough proportionality to the impact caused by the project.
lo Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map.
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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 righ
revoke or modifj all approvals herein granted; deny or fwther condition issuance ol
future building permits; deny, revoke or further 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 approva
this tentative tract map.
l7 11 2. Staff is authorized and directed to make, or require the Developer to make, all correcti
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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 Prc
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 ink
unless the City Council determines that the project without the condition complies 1
all requirements of law.
~ 26 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend
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hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
representatives, from and against any and all liabilities, losses, damages, demands, cl;
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, (b) C:
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approval or issuance of any permit or action, whether discretionary or non-discretion:
in connection with the use contemplated herein, and (c) Developer/Operator’s installat
and operation of the facility permitted hereby, including without limitation, any and
liabilities arising from the emission by the facility of electromagnetic fields or of
energy waves or emissions.
6. The Developer shall submit to the City a reproducible 24” x 36”, mylar copy of
Tentative Map reflecting the conditions approved by the final decision 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 pro1
school facilities.
8. This project shall comply with all conditions and mitigation measures which are requ
as part of the Zone 2 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 SPYGLASS
Project Mitigation Monitoring and Reporting Program.
11. The Developer shall include, as part of the plans submitted for any permit plan chec
reduced legible version of all approving resolution(s) in a 24” x 36” blueline dram
format.
12. This approval is granted subject to the approval of the Mitigated Negative Declaral
and Mitigation Monitoring and Reporting Program, SDP 99-04, SUP 99-04,
HDP 99-07 and is subject to all conditions contained in Planning Commis!
Resolutions No. 4685,4687,4688, and 4689 for those other approvals.
Housing
13. For any phase of this project, or where a map is not being processed, prior to the issu:
of building permits for any lots or units, the Developer shall enter into an Afford
Housing Agreement with the City to provide and deed restrict three dwelling L
(including: Units 8, 10, and 16 on Lots 8, 10, and 16) as affordable to lower-incs
households for the useful life of the dwelling units, in accordance with the requirem
and process set forth in Chapter 21.85 of the Carlsbad Municipal Code and to pay to
City an amount equal to .30 times the average subsidy needed to make affordabl
a lower income household one newly constructed typical attached housing unit.
draft Affordable Housing Agreement shall be submitted to the Planning Director no
than 60 days prior to the request to final the map. The recorded Affordable Hou
Agreement shall be binding on all future owners and successors in interest.
PC RES0 NO. 4686 -5-
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14. The Developer shall construct the required inclusionary units concurrent with
project’s market rate units, unless both the final decision making authority of the City
the Developer agree within an Affordable Housing Agreement to an alternate schec
for development.
15. Prior to the issuance of building permits for any unit within the project,
Developer shall apply for and obtain from the Planning Director a Second Dwell
Unit Permit per Section 21.10.015 of the Carlsbad Municipal Code for each secc
dwelling unit.
Landscape
16. 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 thving condition, free from weeds, trash, and debris.
17. 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.
Miscellaneous
18. The Developer shall establish a homeowner’s association and corresponding coven2
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 offi
CC&Rs that have been approved by the Department of Real Estate and the Plam
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 Declaratio
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provide
the City in advance. If the proposed amendment affects the City, City shall 1
the right to disapprove. A copy of the final approved amendment shal
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 and01
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the neces
maintenance. If the City elects to perform such maintenance, the City shall
written notice to the Association, with a copy thereof to the Owners in the Pro
setting forth with particularity the maintenance which the City finds to be reqt
and requesting the same be carried out by the Association within a period of tl
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(30) days from the giving of such notice. In the event that the Association fail
carry out such maintenance of the Common Area Lots and/or Associatic
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 by the City. In the event the City has performed
necessary maintenance to either Common Area Lots and/or Associatic
Easements, the City shall submit a written invoice to the Association for all CI
incurred by the City to perform such maintenance of the Common Area Lots
or Association’s Easements. The City shall provide a copy of such invoicc
each Owner in the Project, together with a statement that if the Association fail
pay such invoice in full within the time specified, the City will pursue collec
against the Owners in the Project pursuant to the provisions of this Section. 2
invoice shall be due and payable by the Association within twenty (20) day;
receipt by the Association. If the Association shall fail to pay such invoice in
within the period specified, payment shall be deemed delinquent and shall
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 Associatior
means of any remedies available at law or in equity. Without limiting
generality of the foregoing, in addition to all other rights and remedies avail;
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 contin1
lien upon each Lot against which the special assessment is levied. Each Own€
the Project hereby vests the City with the right and power to levy such spe
assessment, to impose a lien upon their respective Lot and to bring all 11
actions andor to pursue lien foreclosure procedures against any Owner
hidher respective Lot for purposes of collecting such special assessmen
accordance with the procedures set forth in Article of this Declaratior
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or
owner landscape maintenance responsibilities shall be as set forth in Exhibit
19. Developer shall: 1) consult with the United States Fish and Wildlife Service (USF
regarding the impacts of the Project; and, 2) obtain any permits required by the USWI
Notice
20. The Developer shall report, in writing, to the Planning Director within 30 days,
address change from that which is shown on the permit application.
21. Developer shall submit to the City a Notice of Restriction to be filed in the office 0:
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issuc
Tentative Tract Map, Site Development Plan, Special Use Permit, and Hill
Development Permit by Resolutions No. 4685, 4687, 4688, and 4689 on the
property owned by the Developer. Said Notice of Restriction shall note the pro1
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description, location of the file containing complete project details and all condition:
approval as well as any conditions or restrictions specified for inclusion in the Noticc
Restriction. The Planning Director has the authority to execute and record an amendn
to the notice which modifies or terminates said notice upon a showing of good causc
the Developer or successor in interest.
22. 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.
23. 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.
10 24. Developer shall prepare and record a Notice that this property may be subject to n
impacts from the proposed or existing Transportation Corridor, in a form meeting 11 approval of the Planning Director and City Attorney (see Noise Form #1 on file in
12 I/ Planning Department).
l3 ll Open SDace
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25. Removal of native vegetation and development of Open Space Lot(s) “20” and ‘‘:
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairv
and landscaping, other than that approved as part of (the grading plan, improven
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “B‘
specifically prohibited, except upon written order of the Carlsbad Fire Department for
prevention purposes, or upon written approval of the Planning Director, based up(
request from the Homeowners Association accompanied by a report from a quali
arboristhotanist indicating the need to remove specified trees and/or plants becaus
disease or impending danger to adjacent habitable dwelling units. For areas contail
native vegetation the report required to accompany the request shall be prepared 1
qualified biologist.
Enpineering
22 26. Prior to issuance of any building permit, the developer shall comply with
program is formerly established by the City. 23 requirements of the City’s anti-graffiti program for wall treatments if and when su
24 27. There shall be one final subdivision map recorded for this project.
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28. Developer shall provide an acceptable means for maintaining the private easerr
within the subdivision and all the private: streets, sidewalks, street lights, storm (
facilities and sewer facilities located therein and to distribute the costs of
maintenance in an equitable manner among the owners of the properties within
subdivision. Adequate provision for such maintenance shall be included with the CC
subject to the approval of the City Engineer.
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29. 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
30. Developer shall defend, indemnify and hold harmless the City and its agents, officers,
employees from any claim, action or proceeding against the City or its agents, officers
employees to attack, set aside, void or null an approval of the City, the Planr
Commission or City Engineer which has been brought against the City within the t
period provided for by Section 66499.37 of the Subdivision Map Act.
31. 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.
32. 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 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-Der
Criteria, Section 8.B.3. The underlying property owner shall maintain
condition."
FeedAPreements
33. Developer shall pay all current fees and deposits required.
34. The owner of the subject property shall execute an agreement holding the City harm
regarding drainage across the adjacent property.
35. The owner shall execute a hold harmless agreement for geologic failure.
36. Prior to approval of any grading or building permits for this project, the owner shall ;
written consent to the annexation of the area shown within the boundaries of
subdivision plan into the existing City of Carlsbad Street Lighting and Landsca]
District No. 1 on a form provided by the City.
Grading
37. 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 sul
and receive approval for grading plans in accordance with city codes and standards I
to issuance of a building permit for the project.
38. 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 2
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Water Resources Control Board.
39. Upon completion of grading, the developer shall ensure that an "as-graded" geologic g-
is submitted to the City Engineer. The plan shall clearly show all the geology as expo
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 1
shall be prepared on a 24" x 36" mylar or similar drafting film and shall becom
permanent record.
40. No grading for private improvements shall occur outside the limits of the subdivis
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 sl
easement, or agreement, no grading permit will be issued. In that case the developer n
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 mal
determined by the City Engineer and Planning Director.
Dedications/Improvements
41. 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.
42. 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.
43. Prior to issuance of building permits, the developer shall underground all exis
overhead utilities along the subdivision boundary.
20 44. Direct access rights for all lots abutting El Camino Real and Carlsbad Village Dr
21 and Lot 6 to Appian Road shall be waived on the final map.
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45. The drainage system shall be designed to ensure that runoff resulting from 10-1
frequency storms of 6 hours and 24 hours duration under developed conditions, are el
to or less than the runoff from a storm of the same frequency and duration under exis
developed conditions. Both 6 hour and 24 hour storm durations shall be analyze
determine the detention basin capacities necessary to accomplish the desired results.
46. The developer shall comply with the City's requirements of the National Polh
Discharge Elimination System (NPDES) perrnit. The developer shall provide
management practices as referenced in the "California Storm Water Best Manager
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 Engir
Said plans shall include but not be limited to notifying prospective owners and tenan
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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 s'
fluids shall not be discharged into any street, public or private, or into storm dl
or storm water conveyance systems. Use and disposal of pesticides, fungicic
herbicides, insecticides, fertilizers and other such chemical treatments shall II
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.
47. 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:
A. Carlsbad Village Drive to secondary arterial, including a 150-foot long ri
turn lane into Appian Road plus adequate transition.
B. A traffic signal at the intersection of Carlsbad Village Drive and Avenida
Anita/Appian Road.
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. Improveml
listed above shall be constructed within 18 months of approval of the sea
improvement agreement or such other time as provided in said agreement.
48. Developer shall install the traffic signal at the intersection of Carlsbad Village DI
and Avenida de Anita/Appian Road (a Circulation System Traffic Sign
Developer may enter into a Reimbursement Agreement prior to recordation of
final map, to obtain reimbursement for the City's 75% share.
49. Developer shall install street lights along all public and private street frontager
conformance with City of Carlsbad Standards.
50. Developer shall install sidewalks along all public streets abutting the projec;
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
5 1. Prior to occupancy of any buildings, the developer shall install wheelchair ramps ai
public street comers abutting the Subdivision in conformance with City of Carl:
Standards.
52. The structural section for the access aisles must be designed with a traffic index of 5.
accordance with City Standards due to truck access through the parking area and/or a:
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with an ADT greater than 500. The structural pavement design of the aisle ways shal
submitted together with required R-value soil test information and approved by the (
as part of the building site plan review.
53. The design of all private streets and drainage systems shall be approved by the (
Engineer. The structural section of all private streets shall conform to City of Carls
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 shal
paid prior to approval of the final for this project.
Final Map Notes
54. Note(s) to the following effect(s) shall be placed on the final map as non-mapping dat:
A. All improvements are private and are to be privately maintained with
exception of the following:
1, Appian Road.
2. Street “A”.
B. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in ink
has agreed to hold harmless and indemnify the City of Carlsbad from any ac
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.
C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches at
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.
D. “Chapter 21.90 of the Carlsbad Municipal Code established a Grc
Management Control Point for each General Plan land use designa1
Development cannot exceed the Growth Control Point except as provide(
Chapter 21.90. The land use designation for this development is 3.2 dwe:
units per non-constrained acre.
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Parcels 1 through 21 were used to calculate the intensity of development u
the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivi
of any one of these parcels must also include parcels 1 through 21 unde~
General Plan and Chapter 21.90 of the Carlsbad Municipal Code.”
Water
55. The Developer shall install an eight inch diameter water pipeline in all streel
provide potable water service to each resident and for irrigation.
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1 56. The Developer shall dedicate a 30 foot wide sewer easement to the City of Carls€
2 which is required for the sewer pipeline planned to extend from the “propos(
Appian Road west to El Camino Real.
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57. The Developer shall terminate each water pipeline with a fire hydrant.
58. The water pipelines shall not be connected to the existing lower pressure wa
pipeline in Carlsbad Village Drive.
59. The irrigation system for the landscaping in open space lots “20” and “21” shall
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designed to use recycled water in conformance with CMWD standards 5
requirements.
9 11 Code Reminders
lo // The project is subject to all applicable provisions of local ordinances, including but not limitec
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60. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final mal
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61. Developer shall pay the citywide Public Facilities Fee imposed by City Council Po
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Secl
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applic:
Local Facilities Management Plan fee for Zone 2, 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.
62. Developer shall pay a landscape plan check and inspection fee as required by Sec:
20.08.050 of the Carlsbad Municipal Code.
General
63. Approval of this request shall not excuse compliance with all applicable sections of
Zoning Ordinance and all other applicable City ordinances in effect at time of builc
permit issuance, except as otherwise specifically provided herein.
64. Developer shall submit a street name list consistent with the City’s street name PO
subject to the Planning Director’s approval prior to final map approval.
65. Addresses, approved by the Building Official, shall be placed on all new and exis
buildings so as to be plainly visible from the street or access road; color of identifica
and/or addresses shall contrast to their background color, as required by Carl5
Municipal Code Section 18.04.320.
1) PC RES0 NO. 4686 -13-
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66. Any signs proposed for this development shall at a minimum be designed in con for ma^
with the City’s Sign Ordinance and shall require review and approval of the Plann
Director prior to installation of such signs.
67. Developer shall exercise special care during the construction phase of this project
prevent off-site siltation. Planting and erosion control shall be provided in accorda-
with the Carlsbad Municipal Code and the City Engineer.
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 fi-om date of final approval to protest imposition of these feedexactions.
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 plannj
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plm
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:
ABSENT:
ABSTAIN:
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COURTNEY E-, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HXZMIWR
Planning Director
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11 PC RES0 NO. 4686 -15-