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HomeMy WebLinkAbout1999-12-15; Planning Commission; Resolution 46911 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * 0 PLANNING COMMISSION RESOLUTION NO. 4691 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT NUMBER CT 98-21 TO SUBDIVIDE 1.77 ACRES INTO A 12 LOT, 1 1-UNIT SMALL LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED SOUTH OF UNICORNIO STREET BETWEEN CACATUA STREET AND EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6 CASE NAME: THE REGENCY CASE NO.: CT 99- 14 WHEREAS, Regency Development, LLC, “Developer/Owner”, has filed verified application with the City of Carlsbad regarding property described as Lot 417 and 418 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6,1971; and, property owned by Theresa T. Gordon and C. Anthony Thomas as Trustees for 1 Danny Thomas Family Trust U/D/T dated 12/28/81 as amended 3/9/82, “Owner”, descrit as Lot 419 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6, 1971 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tr Map as shown on Exhibit(s) “A” - “H” dated December 15, 1999 , on file in the Plann: Department THE REGENCY CT 99-14, as provided by Chapter 21.12 of the Carlsl Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of December 19’ hold a duly noticed public hearing as prescribed by law to consider said request; and 0 0 1 2 3 WHEREAS, at said public hearing, upon hearing and considering all testimc and arguments, if any, of persons desiring to be heard, said Commission considered all fact 4 ll relating to the Tentative Tract Map. 5 II NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. 8 10 9 B) That based on the evidence presented at the public hearing, the Commiss 11 APPROVES THE REGENCY - CT 99-14, based on the following findings subject to the following conditions: FindinPs: 12 13 14 15 16 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 the 1 being created satisfy all minimum requirements of Title 21 governing lot sizes 2 configurations for planned developments, the subdivision has been designed comply with Title 20 and all other applicable City regulations, and required pul facilities and services will be in place concurrent with development. I 17 2. That the proposed project is compatible with the surrounding future land uses si surrounding properties are designated for Residential Medium High Density gW 18 development on the General Plan, in that this is the same General Plan Land 1 designation as the project site and the project site will be developed with twin-ha 19 single-family residences consistent with the attached and detached residen development on the surrounding properties. 20 21 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 acres is within the growth management control point of 11.5 dwelling units per a1 23 all of the lots are proposed with lot areas that meet or exceed the minim requirement of 3,500 square feet allowed under the Planned Developm 24 Ordinance (Carlsbad Municipal Code Chapter 21.45), and the project meets a1 25 the requirements of the RD-M zone and Planned Development Ordinance with the need for a variance from development standards. 26 4. That the design of the subdivision or the type of improvements will not conflict I 27 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 subdivisior 28 that the project is designed and conditioned to avoid conflicts with any establis easements. 22 proposed, in that the proposal of 11 attached single family residential units on 1 PC RES0 NO. 4691 -2- 0 0 ' 5. That the property is not subject to a contract entered into pursuant to the L: 2 Conservation Act of 1965 (Williamson Act). 3 6. That the design of the subdivision provides, to the extent feasible, for hture passive natural heating or cooling opportunities in the subdivision, in that the project desi patterns will allow natural heating and cooling opportunities. 4 separation between structures, and dominant western wind patternsh-adiat 5 6 7 8 9 10 11 12 13 14 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 ne against the public service needs of the City and available fiscal and environmel resources. 8. That the design of the subdivision and improvements are not likely to cause substan environmental damage nor substantially and avoidably injure fish or wildlife or th habitat, in that there is no sensitive habitat on the site or offsite which the project v impact. 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 1 been designed in accordance with the Best Management Practices for water qual protection in accordance with the City's sewer and drainage standards and 1 project is conditioned to comply with the National Pollution Discharge Eliminati System (NPDES) requirements. 15 10. The Planning Commission finds that the project, as conditioned herein is 16 conformance with the Elements of the City's General Plan, based on the facts set forth 17 18 19 20 21 22 23 24 25 26 27 28 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 6.2 ddacre is within the density range of 8-15 dda specified for the site as indicated on the Land Use Element of the General PI and is at or below the growth control point of 11.5 du/ac. B. Circulation - The 11 units of the project will generate approximately 110 tri of average daily traffic (ADT). This amount of additional traffic on existi Unicornio Street is considered to be a minor increment to the existing traf flow. The circulation system is designed to provide adequate access to 1 proposed lots via private streets and complies with all applicable City desi standards. ~ C. Noise - The project will not generate excessive noise nor will it be subject noise levels greater than those allowed by the General Plan. Noise Mitigati Measures outlined in The Regency Mitigation Monitoring and Reporti Program have been incorporated into the conditions of approval. D. Housing - The project is consistent with the Housing Element of the General P and the Inclusionary Housing Ordinance as the Developer has been conditioned enter into an Affordable Housing Agreement to provide and deed restrict 1, dwelling units as affordable to lower-income households through the purch: 1) PC RES0 NO. 4691 -3- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 of 1.94 dwelling unit credits in the Villa Loma affordable housing project a “combined project”, as permitted pursuant to Section 21.85.110 of Carlsbad Municipal Code and Council Policies 57 and 58. E. Open Space and Conservation - The project does not encroach into any ar of General Plan designated Open Space and the project will conform to NPDES requirements. F. Public Safety - The project site is safely within the service areas for provision of public safety services (fire, police). G. Parks and Recreation - The project will pay a contribution toward 1 provision of parks through a Park-in-Lieu fee 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo Facilities Management Plan for Zone 6 and all City public facility policies 2 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 recreatio facilities; libraries; government administrative facilities; and open space, related to project will be installed to serve new development prior to or concurrent with ne Specifically, A. The project has been conditioned to provide proof from the San Marcos Sch’. District that the project has satisfied its obligation for school facilities. 16 17 B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, a will be collected prior to issuance of building permit. 18 19 20 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. D. The Local Facilities Management Fee for Zone 6 is required by the Carlst Municipal Code Section 21.90.050 and will be collected prior to issuance 21 I/ building permits. 22 23 13. That this project could have a potentially significant negative cumulative traf 24 impact on the Palomar Airport Roam1 Camino Real intersection. However, t Developer has agreed and the project has been conditioned to pay its fair share 25 the “short-term improvements”, thereby guaranteeing implementation of 26 mitigation measure that reduces the potential impact to a level of insignificance. 27 14. The Planning Commission has reviewed each of the exactions imposed on the DeveloI contained in this resolution, and hereby finds, in this case, that the exactions ae impos 28 to mitigate impacts caused by or reasonably related to the project, and the extent and 1 degree of the exaction is in rough proportionality to the impact caused by the project. 12. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici: Code Section 14.28.020 and Landscape Manual Section I B). PC RES0 NO. 4691 -4- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance a building permit. 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 right revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupar issued under the authority of approvals herein granted; institute and prosecute litigation 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 approval this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all correctic and modifications to the Tentative Tract Map (CT 99-14) documents, as necessary make them internally consistent and in conformity with the final action on the projt Development shall occur substantially as shown on the approved Exhibits. Any propos development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and 101 ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the paymc of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projc are challenged, this approval shall be suspended as provided in Government Code Secti 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. 5. The Developer shall implement, or cause the implementation of, The Regency Projc Mitigation Monitoring and Reporting Program. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a representatives, from and against any and all liabilities, losses, damages, demands, clail 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 hereb including without limitation, any and all liabilities arising from the emission by t: facility of electromagnetic fields or other energy waves or emissions. 7. The Developer shall submit to the Planning Director a reproducible 24” x 36”’ my1 copy of the Tentative Map reflecting the conditions approved by the final decisir making body. 11 PC RES0 NO. 4691 -5- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Developer shall include, as part of the plans submitted for any permit plan check reduced legible version of all approving resolution(s) in a 24" x 36" blueline draw format. 9. Developer shall provide proof to the Director from the San Marcos School District 1 this project has satisfied its obligation to provide school facilities. 10. This project shall comply with all conditions and mitigation measures which are requi as part of the Zone 6 Local Facilities Management Plan and any amendments made that Plan prior to the issuance of building permits. 11. This approval is granted subject to the approval of the Mitigated Negative Declarati, Mitigation Monitoring and Reporting Program, and PUD 99-06 and is subject to conditions contained in Planning Commission Resolutions No. 4690 and 4691 for thl other approvals. 12. 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 t. adequate water service and sewer facilities, respectively, are available to the project at 1 time of the application for the building permit, and that water and sewer capacity a facilities will continue to be available until the time of occupancy. A note to this effi shall be placed on the Final Map. Housing 13. Prior to the approval of the final map for any phase of this project, or where a map is 1 being processed, prior to the issuance of building permits for any lots or units, Developer shall enter into an Affordable Housing Agreement with the City to provide L deed restrict 1.94 dwelling units within the Villa Loma Apartment Project affordable to lower-income households for the useful life of the dwelling units, accordance with the requirements and process set forth in Chapter 21.85 of the Carlsb Municipal Code. The draft Affordable Housing Agreement shall be submitted to 1 Planning Director no later than 60 days prior to the request to final the map. T recorded Affordable Housing Agreement shall be binding on all future owners a successors in interest. Landscape 14. Developer shall submit and obtain Planning Director approval of a Final Landscape a Irrigation Plan showing conformance with the approved Preliminary Landscape Plan a the City's Landscape Manual. The Developer shall construct and install all landscapi as shown on the approved Final Plans, and maintain all landscaping in a healthy a thriving condition, free from weeds, trash, and debris. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to t landscape plan check process on file in the Planning Department and accompanied by t project's building, improvement, and grading plans. 1) PC RES0 NO. 4691 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ a a Miscellaneous 16. The Developer shall establish a homeowner’s association and corresponding covenar conditions and restrictions. Said CC&Rs shall be submitted to and approved by 1 Planning Director prior to final map approval. Prior to issuance of a building permit I Developer shall provide the Planning Department with a recorded copy of the offic CC&Rs that have been approved by the Department of Real Estate and the Plannj Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the City. The City shall have the right, but not 1 obligation, to enforce those Protective Covenants set forth in this Declaration 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 ha 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 t event that the Association fails to maintain the “Common Area Lots and/or t Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necesss maintenance. If the City elects to perform such maintenance, the City shall gi written notice to the Association, with a copy thereof to the Owners in the Proje! setting forth with particularity the maintenance which the City finds to be requirc and requesting the same be carried out by the Association within a period of thir (30) days fiom the giving of such notice. In the event that the Association fails cany out such maintenance of the Common Area Lots and/or Association Easements within the period specified by the City’s notice, the City shall 1 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 t necessary maintenance to either Common Area Lots and/or Associatior Easements, the City shall submit a written invoice to the Association for all co! 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 collectic against the Owners in the Project pursuant to the provisions of this Section. Sa 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 fi within the period specified, payment shall be deemed delinquent and shall 1 subject to a late charge in an amount equal to six percent (6%) of the amount the invoice. Thereafter the City may pursue collection fiom the Association 1 means of any remedies available at law or in equity. Without limiting tl generality of the foregoing, in addition to all other rights and remedies availab to the City, the City may levy a special assessment against the Owners of each L in the Project for an equal prorata share of the invoice, plus the late charge. SUI 1 PC RES0 NO. 4691 -7- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 special assessment shall constitute a charge on the land and shall be a continuj lien upon each Lot against which the special assessment is levied. Each Owner the Project hereby vests the City with the right and power to levy such spec assessment, to impose a lien upon their respective Lot and to bring all le actions and/or to pursue lien foreclosure procedures against any Owner 2 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 u owner landscape maintenance responsibilities shall be as set forth in Exhibit “I Maintenance of the private streets, common recreation area, slope are: private front yards, and landscape along Unicornio Street shall be t responsibility of the HOA. Maintenance of rear and side yard landscapi and maintenance of individual residences shall be the responsibility of t homeowner. F. Balconies, trellis and decks. Patio covers may be added to units and ml observe a 5 foot minimum setback from all property lines (including zero lines). A 2 foot overhang is permitted into the setback area. Patio cove require approval of the Homeowners Association prior to submittal for building permit from the City of Carlsbad. G. The CC&Rs shall prohibit parking along the private streets except designated guest parking spaces on private streets A and B. H. The CC&Rs shall prohibit the storage of recreational vehicles in the required frc yard setback, in any required visitor parking space, or on any driveway apron. Notice 17. The Developer shall report, in writing, to the Planning Director within 30 days, a address change from that which is shown on the permit application. 18. Prior to the recordation of the final map or the issuance of building permil whichever occurs first, the Developer shall prepare and record a Notice that th property may be subject to noise impacts from Alga Road, in a form meeting tl approval of the Planning Director and City Attorney (see Noise Form #1 on file the Planning Department). 19. The Developer shall submit to the City a Notice of Restriction to be filed in the office the County Recorder, subject to the satisfaction of the Planning Director, notifLing : interested parties and successors in interest that the City of Carlsbad has issued Tentative Map and Planned Development Permit by Resolutions No. 4691 and 465 the real property owned by the Developer. Said Notice of Restriction shall note tl property description, location of the file containing complete project details and a conditions of approval as well as any conditions or restrictions specified for inclusion the Notice of Restriction. The Planning Director has the authority to execute and recol an amendment to the notice which modifies or terminates said notice upon a showing 4 good cause by the Developer or successor in interest. PC RES0 NO. 4691 -8- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. The Developer shall display a current Zoning and Land Use Map, or an alternati 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, futl and existing schools, parks and streets. 21. The Developer shall post a sign in the sales office in a prominent location that disclo; which special districts and school districts provide service to the project. Said sign sh remain posted until ALL of the units are sold. Onsite Conditions - SDecific 22. The Developer shall submit and obtain Planning Director approval of an exterior light plan including parking areas. All lighting shall be designed to reflect downward z avoid any impacts on adjacent homes or property. 23. The Developer shall execute and record an easement for landscape maintenar purposes to the HOA, for maintenance of the front yard areas consistent with 1 Landscape and Maintenance Responsibilities Map, shown as Exhibit “D”. Open Space and Trails 24. The Developer shall dedicate to the HOA an open space easement for those portic of lot 8 which are in slopes to prohibit any encroachment or development, includi but not limited to fences, walls, decks, storage buildings, pools, spas, stairways a landscaping, as shown on Exhibit “A”. Enpineering Conditions NOTE: Unless specifically stated in the condition, all of the following engineering conditic upon the approval of this proposed major subdivision must be met prior to approval o final map. 25. 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 sucl program is formerly established by the City. 26. There shall be one final subdivision map recorded for this project. 27. The Developer shall provide, to the City Engineer, an acceptable means (CC&Rs and other recorded document) for maintaining the private easements within the subdivis and all the private: streets, curbs, gutters, and storm drain facilities located therein anc distribute the costs of such maintenance in an equitable manner among the owners of properties within the subdivision 28. The developer shall defend, indemnify and hold harmless the City and its agents, officc 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. 11 PC RES0 NO. 4691 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 29. 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. 30. 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 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 Str Design Criteria, Section 8.B.3. The underlying property owner shall main this condition." FeedAPreements - 3 1. The developer shall pay all current fees and deposits required. 32. The owner shall execute a hold harmless agreement for geologic failure. 33. 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 Landscar District No. 1 on a form provided by the City. Grading 34. 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 suk and receive approval for grading plans in accordance with city codes and standards p to Final Map approval. 35. 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. ' 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. DedicationdImprovements 36. The developer shall comply with the City's requirements of the National Polh Discharge Elimination System ODES) permit. 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 , PC RES0 NO. 4691 -10- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Said plans shall include but not be limited to notifling prospective owners and tenants the following: A. All owners and tenants shall coordinate efforts to establish or work 'u established disposal programs to remove and properly dispose of toxic i 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 respect containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutz when planning any changes to the landscaping and surface improvements. 37. The developer shall install sidewalks along all public streets abutting the project conformance with City of Carlsbad Standards prior to occupancy of any buildir Public sidewalk improvements shall be proposed on the grading plans proces with this development. Construction details shall be prepared to the satisfactior the City Engineer. A Right-of-way Permit shall be obtained prior to work in < right-of-way for this work. 38. 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 The Developer shall pay the standard improvement plan check inspection fees prior to approval of the Final Map for this project. 39. Prior to work in City right-of-way, the applicant shall obtain an Encroachm Permit for the installation of the wrought iron fence proposed on the sidewalk all Alga Road. This fence shall be a private improvement and shall be maintained the Home Owner's Association for this development. The CC&Rs shall inch such language for responsibility and maintenance of this fence. ~ Final Map Notes 40. Note(s) to the following effect(s) shall be placed on the final map as non-mapping datz A. All improvements are private and are to be privately maintained with exception of the following: 1) Water and Sewer Facilities 2) Dry Utilities 1) PC RES0 NO. 4691 -1 1- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Geotechnical Caution: 1) Slopes steeper than two parts horizontal to one part vertical exist wit1 the boundaries of this subdivision. 2) The owner of this property on behalf of itself and all of its successors interest has agreed to hold harmless and indemnify the City of Carlsl from any action that may arise through any geological failure, grot water seepage or land subsidence and subsequent damage that may oc on, or adjacent to, this subdivision due to its construction, operation maintenance. 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 identif as a sight distance corridor in accordance with City Standard Public Street-Des Criteria, Section 8.B.3. The underlying property owner shall maintain 1 condition. Fees 41. The Developer shall pay its fair share for the “short-term improvements” to the Camino ReaVPalomar Airport ‘Road intersection prior to approval of the final IT or the issuance of a grading permit, whichever occurs first. The amount shall determined by the methodology ultimately selected by Council, including but 1 limited to, an increase in the city-wide traffic impact fee; an increased or new Zon LFMP fee; the creation of a fee or assessment district; or incorporation intc Mello-Roos taxing district. Code Reminders Note: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 42. 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. 43. Developer shall pay the License Tax on new construction imposed by Carlsbad Municj 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 applicz Local Facilities Management Plan fee for Zone 6, 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. 44. The Developer shall pay a landscape plan check and inspection fee as required by Seci 20.08.050 of the Carlsbad Municipal Code. 45. 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 build permit issuance, except as otherwise specifically provided herein. PC RES0 NO. 4691 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 0 8 46. The Developer shall submit a street name list consistent with the City’s street na policy subject to the Planning Director’s approval prior to final map approval. 47. Prior to the occupancy of the first dwelling unit the Developer shall provide all requi passive and active recreational areas per the approved plans, including landscaping i recreational facilities. 48. 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. 49. 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. 50. 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. 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 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 feeslexacti 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. ... ... PC RES0 NO. 4691 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 15th day of December 1999, by 1 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: - COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4691 -14-