HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 47020 0
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PLANNING COMMISSION RESOLUTION NO. 4702
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT NUMBER CT 99-1 3 TO SUBDIVIDE 3.0
ACRES INTO NINE SINGLE-FAMILY RESIDENTIAL LOTS
ON PROPERTY GENERALLY LOCATED NORTH OF
POINSETTIA LANE, WEST OF EL CAMINO REAL AND
EAST OF FUTURE SKIMMER COURT IN LOCAL
FACILITIES MANAGEMENT ZONE 2 1.
CASE NAME: STEINER PROPERTY
CASE NO.: CT 99- 13
8 WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limit(
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Liability Company, 44Developer”, has filed a verified application with the City of Carlsb;
regarding property owned by Joseph and Marian Steiner and Western Pacific Housing-]
12 (( Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as
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Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in
the Office of the County Recorder of San Diego County on
January 10, 1974 as File No. 74-007317 of official records
together with Lot 74 and Portion of Lots 67 and 68 of City of
Carlsbad Tract 97-15, according to map thereof No. 13839, all
in the City of Carlsbad, County of San Diego, State of
California.
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18 (“the Property”); and
19 WHEREAS, said verified application constitutes a request for a Tentative Trz
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STEINER PROPERTY, CT 99-13, as provided by Title 20 of the Carlsbad Municipal COC 21
Map as shown on Exhibits “A” - “V” dated January 5,2000, on file in the Planning Departme
and
23 Il WHEREAS, the Planning Commission did, on the 5th day of January, 20(
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and arguments, if any, of persons desiring to be heard, said Commission considered all facto 26
WHEREAS, at said public hearing, upon hearing and considering all testimol
hold a duly noticed public hearing as prescribed by law to consider said request; and
27 11 relating to the Tentative Tract Map.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil
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 Commiss:
APPROVES STEINER PROPERTY, CT 99-13, based on the follow:
findings and subject to the following conditions:
5 II Findinps:
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1. That the proposed map and the proposed design and improvement of the subdivision
conditioned, is consistent with and satisfies all requirements of the General Plan, a
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the St,
Subdivision Map Act, and will not cause serious public health problems, in that the 1(
being created satisfy all minimum requirements of Titles 20 and 21 governing
sizes and configuration and have been designed to comply with all other applical
City regulations.
2. That the proposed project is compatible with the surrounding future land uses sir
surrounding properties are designated for residential development on the General P1,
in that surrounding residentially designated properties have been approved f
development with single family homes on similar sized lots. i 13 3. That the site is physically suitable for the type and density of the development since t
14 site is adequate in size and shape to accommodate residential development at the dens:
proposed, in that the project complies with all City policies and standards without t 15 need for a variance from development standards.
l6 4. That the design of the subdivision or the type of improvements will not conflict w
17 easements of record or easements established by court judgment, or acquired by t
public at large, for access through or use of property within the proposed subdivision,
18 that prior to, or concurrent with, recordation of the final map, the developer w
vacate and adjust any easements that conflict with the proposed development. 19
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5. That the property is not subject to a contract entered into pursuant to the La
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for fbture passive
in an east-west alignment for southern exposure and to take advantage of prevaili~ 22 natural heating or cooling opportunities in the subdivision, in that structures are orients
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7. That the Planning Commission has considered, in connection with the housing propos 24
breezes.
by this subdivision, the housing needs of the region, and balanced those housing nee1
against the public service needs of the City and available fiscal and environment
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27 8. That the design of the subdivision and improvements are not likely to cause substanti
28 environmental damage nor substantially and avoidably injure fish or wildlife or thc
habitat, in that the project site has been disturbed and does not contain ar
significant habitats.
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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 ’
project is conditioned to comply with the National Pollution Discharge Eliminat
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 fort1
the staff report, dated January 5,2000, including, but not limited to the following:
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A. Land Use - The project is consistent with the City’s General Plan since
proposed density of 3.0 ddacre is below the density range of 4-8 ddacre specil
for the site as indicated on the Land Use Element of the General Plan, anc
below the growth control point of 6.0 du/acre.
B. Circulation - The circulation system is designed to provide adequate access
the proposed and existing lots and complies with all applicable City desi
standards.
C. Housing - That the project is consistent with the Housing Element of 1
General Plan and the Inclusionary Housing Ordinance as the Developer 1
been conditioned to enter into an Affordable Housing Agreement to purchr
1.6 affordable housing credits in Villa Loma.
D. Open Space and Conservation - The proposed project will provide .5 acres
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open space and a 50 foot public trail and easement along Poinsettia Lane.
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo
Facilities Management Plan for Zone 21 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 1
project will be installed to serve new development prior to or concurrent with ne1
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Schl
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, 2
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 F
be collected prior to the issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or n
construction tax, or development fees, and has agreed to abide by any additio
requirements established by a Local Facilities Management Plan prepared pursuant
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1 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabilit!
2 public facilities and will mitigate any cumulative impacts created by the project.
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13. This project has been conditioned to comply with any requirement approved as part of
Local Facilities Management Plan for Zone 21.
14. That all necessary public facilities required by the Growth Management Ordinance v 5
15. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici 7
be constructed or are guaranteed to be constructed concurrently with the need for th
6 created by this project and in compliance with adopted City standards.
Code Section 14.28.020 and Landscape Manual Section I B).
8 16. The Planning Commission has reviewed each of the exactions imposed on the Develo
to mitigate impacts caused by or reasonably related to the project, and the extent and 1
9 contained in this resolution, and hereby finds, in this case, that the exactions are impo:
10 degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
issuance of a grading permit, whichever occurs first. 13
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 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 occupan
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
vested rights are gained by Developer or a successor in interest by the City’s approval
this Tentative Map.
2. Staff is authorized and directed to make, or require the Developer to make, all correctio
and modifications to the Tentative Tract Map documents, as necessary to make the
internally consistent and in conformity with the final action on the project. Developme
shall occur substantially as shown on the approved Exhibits. Any proposed developme
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 paymc
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proje
are challenged, this approval shall be suspended as provided in Government Code Sectic
66020. If any such condition is determined to be invalid this approval shall be inval
unless the City Council determines that the project without the condition complies wi
all requirements of law.
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5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend 2
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, 2
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 nl
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted here
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 Planning Department a reproducible 24” x 36”, rn]
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 1
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 requil
as part of the Zone 21 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
9. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting Program, LCPA 99-05, ZC 99-06, SI
99-10, HDP 99-12, and CDP 99-26. CT 99-13 is subject to all conditions contained
Resolutions 4699,4700,4701,4703,4704 and 4705.
10. Building permits will not be issued for this project unless the local agency providj
water and sewer services to the project provides written certification to the City f
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 2
facilities will continue to be available until the time of occupancy. A note to this eff
shall be placed on the Final Map.
11. If a grading permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the “dry season”, Ar
1 st to October 1st of each year. Grading activities may be extended to November l!
upon written approval of the City Engineer and only if all erosion control measures are
place by October 1st. To mitigate potential disturbances to the California gnatcatcher, 1
grading operations within 100 feet of the adjacent property to the north will be restricl
during the gnatcatcher breeding session, or from February 15 to August 30 each ye
unless it can be shown through field reconnaissance by a certified biologist that
gnatcatchers are present on the property for two months prior to the start of grading.
Housiny
12. 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,
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Developer shall enter into an Affordable Housing Agreement with the City to purch
1.6 affordable housing credits in the Villa Loma Affordable Housing project
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsl
Municipal Code. The draft Affordable Housing Agreement shall be submitted to
Planning Director no later than 60 days prior to the request to final the map. T,
recorded Affordable Housing Agreement shall be binding on all future owners L
successors in interest.
Landscape
13. The Developer shall submit and obtain Planning Director approval of a Final Landsc:
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 il
healthy and thving condition, free from weeds, trash and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to 1
landscape plan check process on file in the Planning Department and accompanied by 1
project’ s building, improvement and grading plans.
Miscellaneous
15. This approval shall be null and void if the project site subject to this approval is I
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City sh,
not issue any grading, building, or other permit, until the annexation is completed. T
City Manager is authorized to extend the 60 days, for a period not to exceed :
additional 180 days for a total of 240 days from the date of City Council approv:
upon a showing of good cause.
16. The Developer shall establish a homeowner’s association and corresponding covenan
conditions and restrictions or annex into the approved HOA for CT 97-15 (Lohfh
Donna). Said CC&Rs shall be submitted to and approved by the Planning Director prj
to final map approval. Prior to issuance of a building permit the Developer shall provi
the Planning Department with a recorded copy of the official CC&Rs that have bel
approved by the Department of Real Estate and the Planning Director. At a minimu]
the CC&Rs shall contain the following provisions:
A. General Enforcement bv the City. The City shall have the right, but not t
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 1
transmitted to City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements. In tl
event that the Association fails to maintain the “Common Area Lots andor tl
Association’s Easements” as provided in Article , Section
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the City shall have the right, but not the duty, to perform the necess
maintenance. If the City elects to perfom such maintenance, the City shall g
written notice to the Association, with a copy thereof to the Owners in the Projc
setting forth with particularity the maintenance which the City finds to be requi
and requesting the same be carried out by the Association within a period of thj
(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 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.
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D. Special Assessments Levied by 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 co
incurred by the City to perform such maintenance of the Common Area Lots s
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 collect]
against the Owners in the Project pursuant to the provisions of this Section. S,
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
subject to a late charge in an amount equal to six percent (6%) of the amount
the invoice. Thereafter the City may pursue collection from the Association
means of any remedies available at law or in equity. Without limiting t
generality of the foregoing, in addition to all other rights and remedies availal
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. Su
special assessment shall constitute a charge on the land and shall be a continui
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 lei
actions and/or to pursue lien foreclosure procedures against any Owner a
hisher 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 HOA’s and individual lot or u
owner landscape maintenance responsibilities shall be as set forth in Exhibit F.
Notice
17. Developer shall submit to the City a Notice of Restriction to be filed in the office oft
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issued
Tentative Tract Map, Site Development Plan, Hillside Development Permit, a]
Coastal Development Permit by Resolutions No. 4702, 4703, 4704 and 4705 on t
real property owned by the Developer. Said Notice of Restriction shall note the propel
description, location of the file containing complete project details and all conditions
approval as well as any conditions or restrictions specified for inclusion in the Notice 11 PC RES0 NO. 4702 -7-
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Restriction. The Planning Director has the authority to execute and record an amendm
to the notice which modifies or terminates said notice upon a showing of good cause
the Developer or successor in interest.
18. If satisfaction of the school facility requirement involves a Mello-Roos Commur
Facilities District or other financing mechanism which is inconsistent with City COUK
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyt
then in addition to any other disclosure required by law or Council policy, the Develo]
shall disclose to future owners in the project, to the maximum extent possible, 1
existence of the tax or fee, and that the school district is the taxing agency responsible
the financing mechanism. The form of notice is subject to the approval of the Plannj
Director and shall at least include a handout and a sign inside the sales facility stating 1
fact of a potential pass-through of fees or taxes exists and where complete informati
regarding those fees or taxes can be obtained.
19. 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.
20. The Developer shall post a sign in the sales office in a prominent location that disclos
which special districts and school district provide service to the project. Said sign sh
remain posted until ALL of the units are sold.
21. Prior to the recordation of the first final tract map or the issuance of building permi
whichever occurs first, the Developer shall prepare and record a Notice that this propel
may be subject to noise impacts from the proposed or existing Transportation Corridor,
a form meeting the approval of the Planning Director and City Attorney (see Noise FOI
#1 on file in the Planning Department).
Open Space and Trails
22. The Developer shall dedicate to the City on the final map, an open space easement f
those portions of lots 4 through 9 which are in open slopes to prohibit any encroachme
or development, including but not limited to fences, walls, decks, storage buildini
pools, spas, stairways and landscaping, as shown on Exhibits “A” - “V”, dated Janua
5,2000.
23. Prior to, or concurrent with, approval of the final map, the Developer shall provide
irrevocable offer of dedication to the City of Carlsbad for a trail easement for trails shol
on the tentative map within Lots 4 through 9. Prior to the issuance of any buildil
permits, the trail shall be constructed as a public trail for public use and accepted by tl
City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions f
maintenance and liability. Otherwise, prior to issuance of any building permits, tl
obligation for acceptance, construction, maintenance, and liability shall be tl
responsibility of another agency designated by the City or the responsibility of tl
Homeowner’s Association. Prior to the issuance of city building permits, the trail sh:
be posted as a public trail in the field and adequately disclosed as such in the sales off’
subject to the approval of the Planning Director. I PC RES0 NO. 4702 -8-
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' )I EnFineering
2 11 24. Prior to issuance of any building permit, the developer shall comply with
3 requirements of the City's anti-graffiti program for wall treatments if and when sucl
program is formerly established by the City. 4
< 25. There shall be one final subdivision map recorded for this project.
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26. All concrete terrace drains shall be maintained by the homeowner's association (if
commonly owned property) or the individual property owner (if on an individua
owned lot). An appropriately worded statement clearly identifying the responsibil
shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map.
27. Developer shall defend, indemnify and hold harmless the City and its agents, officers, a
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 Planni
Commission or City Engineer which has been brought against the City within the til
period provided for by Section 66499.37 of the Subdivision Map Act.
28. Prior to hauling dirt or construction materials to or from any proposed construction s
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 a
requirements the City Engineer may impose with regards to the hauling operation.
FeeslAgreements
29. The owner of the subject property shall execute an agreement holding the City harmlc
regarding drainage across the adjacent property.
30. The owner shall execute a hold harmless agreement for geologic failure.
3 1. Prior to approval of any grading or building permits for this project, the owner shall gi
written consent to the annexation of the area shown within the boundaries of t
subdivision plan into the existing City of Carlsbad Street Lighting and Landscapi
District No. 1 on a form provided by the City.
32. Prior to, or concurrent with the approval of the final map, or prior to issuance
building permits, whichever comes first, the developer shall submit for and recei
approval for a boundary adjustment between the existing lots along the wester
project boundary (known as Lots 67 and 68 of Map no. 13839), and the proposc
Lots 1 and 9 of this development. Said boundary adjustment shall conform to tl
configuration as depicted on the tentative map and shall define the wester
subdivision boundary of the project. The developer shall comply with :
requirements or conditions which may arise from the proposed bounda
adjustment.
33. Prior to, or concurrent with the approval of the final map, or prior to issuance
building permits, whichever comes first, the developer shall submit for and recei
approval for a boundary adjustment for the remnant parcel of land, as denoted 4
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the tentative map. Said remnant parcel shall be incorporated to Lot 8 of Map 1
13889. Said boundary adjustment shall conform to the configuration as depicted
the tentative map and shall define the easterly subdivision boundary. T'
boundary adjustment shall coincide with the northerly right-of-way line
Poinsettia Lane. The develop shall comply with all requirements or conditic
which may arise from the proposed boundary adjustment.
Grading
34. Based upon a review of the proposed grading and the grading quantities shown on I
tentative map, a grading permit for this project is required. The developer must subr
and receive approval for grading plans in accordance with city codes and standards prior
recordation of the final map.
35. Upon completion of grading, Developer shall file an "as-graded" geologic plan with 1
City Engineer. The plan shall clearly show all the geology as exposed by the gradi
operation, all geologic corrective measures as actually constructed and must be based 01
contour map which represents both the pre and post site grading. This plan shall be sigE
by both the soils engineer and the engineering geologist. The plan shall be prepared 01
24" x 36" mylar or similar drafting film and shall become a permanent record.
36. No grading for private improvements shall occur outside the limits of the subdivisi
unless a grading or slope easement or agreement is obtained from the owners of 1
affected properties and recorded. If the developer is unable to obtain the grading or s1G
easement, or agreement, no grading permit will be issued. In that case the developer mi
either amend the tentative map or modify the plans so grading will not occur outside t
project site in a manner which substantially conforms to the approved tentative map
determined by the City Engineer and Planning Director.
Dedications/Improvements
37. The owner shall make an offer of dedication to the City for all public streets a
easements required by these conditions or shown on the tentative map. The offer shall
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 t
City. Streets that are already public are not required to be rededicated.
38. Prior to issuance of building permits, the developer shall underground all existi.
overhead utilities within the subdivision boundary.
39. Direct access rights for all lots abutting Poinsettia Lane shall be waived on the final may
40. Developer shall comply with the City's requirements of the National Pollutant Dischar,
Elimination System (NPDES) permit. The developer shall provide best manageme
practices as referenced in the "California Storm Water Best Management Practic
Handbook" to reduce surface pollutants to an acceptable level prior to discharge
sensitive areas. Plans for such improvements shall be approved by the City Enginec
Said plans shall include but not be limited to notifying prospective owners and tenants
the following:
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A. All owners and tenants shall coordinate efforts to establish or work u
established disposal programs to remove and properly dispose of toxic 2
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor 1
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, fimgicic
herbicides, insecticides, fertilizers and other such chemical treatments shall m
Federal, State, County and City requirements as prescribed in their respect
containers.
C. Best Management Practices shall be used to eliminate or reduce surface polluta
when planning any changes to the landscaping and surface improvements.
41. 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 provic
by law, improvements shown on the tentative map and the following improvements:
On-Site Improvements
A. Full-width improvements of Skimmer Court pursuant to City Standar
The improvements shall include the removal of temporary turn-arou.
barricade, etc. at the existing easterly terminus of Skimmer Co
(pavement, curb, gutter, sidewalk, etc.).
17 11 B. Improvements to Poinsettia Lane as follows:
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1) Within the subdivision boundary: Full-width improvements.
2) Along project boundary abutting Poinsettia Lane: Full half-width p
18 feet southerly of the south median curb improvements, including 1
width grading, transitions, drainage facilities, median curbs, etc.,
identified in the Aviara Parkway-Poinsettia Lane Bridge a
Thoroughfare District.
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construction.
C. Water and sewer service to the off-site Saska Parcel (APN 215-050-57).
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D. Continuous access from Poinsettia Lane to the Saska Parcel (APN 215-0
57) as required by the City Engineer.
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Off-Site Improvements
A. Full-width improvements of Skimmer Court from Poinsettia Lane to
subdivision boundary pursuant to City standards.
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B. Improvements of Poinsettia Lane to include two 18-foot wide lanes (1
center portion of a 102’ major arterial) east of Oriole Court to southe
subdivision boundary line. The off-site improvement of Poinsettia Lane sh
include full width grading, transitions, AC berms, drainage facilities, medi
curbs, etc. as identified in the Aviara Parkway-Poinsettia Lane Bridge a
Thoroughfare District. The reimbursement agreement shall be appro\
prior to design and construction of this arterial.
C. Full-width improvements of Poinsettia Lane between El Camino Real to 1
easterly subdivision boundary line pursuant to City Standards.
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. Improveme
listed above shall be constructed within 18 months of approval of the secm
improvement agreement or such other time as provided in said agreement.
Final Map Notes
42. The Developer shall provide the following note on the final map of the subdivision 2
final mylar of this development submitted to the City:
A. “Chapter 21.90 of the Carlsbad Municipal Code established a Grol
Management Control Point for each General Plan land use designatii
Development cannot exceed the Growth Control Point except as provided
Chapter 21.90. The land use designation for this development is 6 dwelling ur
per non-constrained acre.
Parcels 1 through 9 were used to calculate the intensity of development under
General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision
any one of these parcels must also include parcels 1 through 9 under the Gene
Plan and Chapter 2 1.90 of the Carlsbad Municipal Code.”
Fire
43. Prior to or concurrent with final map approval, the developer shall record a deed
restriction on Lots 1,2 and 3 as follows:
Lots 1.2 and 3: Rear yard landscaping must conform to landscape design
proposed and approved. No variations are permitted. Future structural
improvements or additions such as room additions, decks or patio covers,
etc., which would project into the fire suppression landscape zones are
prohibited.
Lot 3: Structure must be constructed and maintained in accordance with
Section 504 of the Urban Wildland Interface Code, a copy of which will be
provided by the developer at point of sale.
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Water
44. The Developer shall place potable water and recycled water services and meters at a
location approved by the Deputy City Engineer - Utilities and show said services on
public improvement plans.
45. The Develop shall place sewer laterals and cleanouts at a location approved by the
Deputy City Engineer - Utilities and show the sewer laterals on public
improvements plans.
46. The Developer shall design and construct public water facilities substantially as
shown on the Tentative Tract Map to the satisfaction of the Deputy City Engineer
- Utilities and show said public water facilities on public improvement plans.
47. The Developer shall design and construct public sewer facilities substantially as
shown on the Tentative Tract Map to the satisfaction of the Deputy City Engineer
- Utilities and show said public sewer facilities on public improvement plans.
48. The Develop shall provide design and construct public facilities within the public
right-of-way.
49. The Develop shall design landscape and irrigation plans for use of recycled water
and submit said plans to the Deputy City Engineer - Utilities for review, comment
and approval.
STANDARD CODE REMINDERS
The project is subject to all applicable provisions of local ordinances, including but not limited
the following:
50. The tentative map approval shall expire twenty-four (24) months from the date of fi
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decision for tentative map approval.
51. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accorda~
with the Carlsbad Municipal Code and the City Engineer.
Fees
52. Developer shall pay all current fees and deposits required.
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 citywide Public Facilities Fee imposed by City Council Pol
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Sect
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 applica
Local Facilities Management Plan fee for Zone 21, pursuant to Chapter 21.90. All SI
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taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, t
approval will not be consistent with the General Plan and shall become void.
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55. The Developer shall pay a landscape plan check and inspection fee as required by Sect:
General
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20.08.050 of the Carlsbad Municipal Code.
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56. 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.
57. All roof appurtenances, including air conditioners, shall be architecturally integrated 2
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 1
Directors of Community Development and Planning.
58. The Developer shall submit a street name list consistent with the City’s street nitl
policy subject to the Planning Director’s approval prior to final map approval.
59. Addresses, approved by the Building Official, shall be placed on all new and existj
buildings so as to be plainly visible from the street or access road; color of identificatj
andor addresses shall contrast to their background color, as required by Carls‘c
Municipal Code Section 18.04.320.
60. Any signs proposed for this development shall at a minimum be designed in conformax
with the City’s Sign Ordinance and shall require review and approval of the Plannj
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicatio
reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these feedexactions. If y
protest them, you must follow the protest procedure set forth in Government Code Secti
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 timc
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 feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gik
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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1 ll PASSED, APPROVED AND ADOPTED at a regular meeting of the PIann
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Commission of the City of Carlsbad, California, held on the 5th day of January, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
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