HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 47281
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PLANNING COMMISSION RESOLUTION NO. 4728
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, APPROVING
1.113 ACRES INTO 5 LOTS ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF CHINQUAPIN AVENUE
BETWEEN GARFIELD AVENUE AND THE AT&SF
RAILROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BEACH ESTATES
CASE NO.: CT 99-01
WHEREAS, Merit Group, Inc., “Developer”, has filed a verified applicatic
CAIUSBAD TRACT NUMBER CT 99-01 TO SUBDIVIDE
9 with the City of Carlsbad regarding properties owned by H. David Buckmaster and Patric
10 A. Buckmaster (tenants in common) and by Carlsbad Beach Group Investors LL(
11 “Owners”, described as
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The southwesterly 63 feet of Lot 6 and all of Lot 7, Block T, of
Palisades Unit No. 2, in the City of Carlsbad, County of San
Diego, State of California, according to Map 1803, filed August
25,1924
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(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tr
l7 11 Map as shown on Exhibit(s) “A” - “R” dated March 15, 2000, on file in the Plannj
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19 Department CARLSBAD BEACH ESTATES - CT 99-01, as provided by Title 20 of ‘
2o // Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hl
22 a duly noticed public hearing as prescribed by law to consider said request; and
23 II WHEREAS, at said public hearing, upon hearing and considering all testimc
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and arguments, if any, of persons desiring to be heard, said Commission considered all fact
ll relating to the Tentative Tract Map. 26
27 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
28 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 Commissi
APPROVES CARLSBAD BEACH ESTATES - CT 99-01, based on 1
following findings and subject to the following conditions:
Findins: -
1. 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 forth
the staff report dated March 15,2000 including, but not limited to the following:
A. Land Use - The project density of 10.1 du/ac on the RH portion of the site
consistent with the RH designation on the site and the proposed density
9.4 du/ac is consistent with the RMH designation on the site since 1
necessary special findings can be made to allow density above the low end
the range, and the project is compatible in nature and scale with 1
surrounding developments.
B. Circulation - The adjacent street (Chinquapin Avenue) is adequate
accommodate all anticipated traffic from the proposed project (88 ADT), a
the on-site circulation of the project is adequate to allow appropri:
ingresdegress, and all required parking will be provided on-site.
C. Noise - The project will not generate excessive noise and will not be subject
excessive noise levels from surrounding uses.
D. Housing - The project is consistent with the Housing element of the Gene
Plan and the City’s Inclusionary Housing requirements as it will provide a
second dwelling unit.
2. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo
Facilities Management Plan for Zone 1, 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 need.
A. The project has been conditioned to provide proof from the Carlsbad Unif
School District that this project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, :
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will
collected prior to the issuance of building permit.
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D. The Local Facilities Management fee for Zone 1 is required by Carlsb
Municipal Code Section 21.90.050 and will be collected prior to issuance
building permit.
3. The project has been conditioned to pay any increase in public facility fee, or nc
construction tax, or development fees, and has agreed to abide by any additiol
requirements established by a Local Facilities Management Plan prepared pursuant
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability
public facilities and will mitigate any cumulative impacts created by the project.
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4. This project has been conditioned to comply with any requirement approved as part of 1
Local Facilities Management Plan for Zone 1.
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5.
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That the project will provide sufficient additional public facilities for the density
excess of the low end of the density range to ensure that the adequacy of the Cit
public facility plans will not be adversely impacted, in that the existing street systc
can accommodate the 88 average daily trips which will be generated by the proje
and the sewer and water systems for the project have been designed
accommodate the proposed number of units, and the project is conditioned
comply with all applicable infrastructure requirements contained in the Loc
Facilities Management Plan for Zone 1.
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6. That there have been sufficient developments approved in the quadrant at densities belc
the control point to offset the units in the project above the control point so that appro’
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7. 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 1
project site is designated for residential development, the project satisfies
applicable requirements of the RD-M zoning on the site, and the proposed lot si;
and configurations satisfy all applicable requirements of Title 20 (Subdivisions).
8. That the proposed project is compatible with the surrounding future land uses si1
surrounding properties are designated for residential development on the General P1
in that the proposed project is a residential development which is of a compatil
scale with the surrounding residential developments.
9. 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 dens
proposed, in that the project site can accommodate the proposed development wb
providing all required setbacks and other amenities required by applicable C
regulations.
27 10. That the design of the subdivision or the type of improvements will not conflict w
28 public at large, for access through or use of property within the proposed subdivision,
easements of record or easements established by court judgment, or acquired by
that there are no conflicting easements.
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11. That the property is not subject to a contract entered into pursuant to the La
Conservation Act of 1965 (Williamson Act).
12. That the design of the subdivision provides, to the extent feasible, for future passive
natural heating or cooling opportunities in the subdivision, in that the propos
development will provide adequate separation between structures and sufficir
windows/doors to ensure adequate air circulation.
13. That the Planning Commission has considered, in connection with the housing propos
by this subdivision, the housing needs of the region, and balanced those housing nec
against the public service needs of the City and available fiscal and environmen
resources.
14. That the design of the subdivision and improvements are not likely to cause substanl
environmental damage nor substantially and avoidably injure fish or wildlife or th
habitat, in that the project site is an in-fill site which contains no fish or wildlife a
no sensitive biological resources.
15. 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 applicable requirements of the Natiol
Pollution Discharge Elimination System (NPDES).
16. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applic:
shall record a notice concerning aircraft noise. The project is compatible with
projected noise levels of the CLUP; and, based on the noise/land use compatibility mal
of the CLUP, the proposed land use is compatible with the airport, in that it is an allow
use in the subject location.
17. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici
Code Section 14.28.020 and Landscape Manual Section I B).
18. The Planning Commission has reviewed each of the exactions imposed on the Develo
contained in this resolution, and hereby finds, in this case, that the exactions are impo;
to mitigate impacts caused by or reasonably related to the project, and the extent and
degree of the exaction is in rough proportionality to the impact caused by the project.
PlanninP Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
Final Map or issuance of the first Building Permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the righl
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupa:
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issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. I
vested rights are gained by Developer or a successor in interest by the City’s approval
this Tentative Tract Map, Site Development Plan, Planned UI
DevelopmentKondominium Permit, and Coastal Development Permit.
2. This approval is granted subject to the approval of SDP 99-02, PUD 99-01/CP 004
and CDP 99-02 and is subject to all conditions contained in Planning Commissi
Resolution’s No. 4727 (Neg Dec), 4729,4730, and 4731 for those other approvals.
3. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Tentative Tract Map, Site Development Plan, Planned U
Development/Condominium Permit, and Coastal Development Permit documents,
necessary to make them internally consistent and in conformity with the final action
the project. Development shall occur substantially as shown on the approved Exhib
Any proposed development different from this approval, shall require an amendment
this approval.
4. The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the pap
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect
66020. If any such condition is determined to be invalid this approval shall be invl
unless the City Council determines that the project without the condition complies w
all requirements of law.
6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend :
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, :
representatives, from and against any and all liabilities, losses, damages, demands, 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, S
Development Plan, Planned Unit Development Permit/Condominium Permit, a
Coastal Development Permit, (b) City’s approval or issuance of any permit or acti
whether discretionary or non-discretionary, in connection with the use contempla
herein, and (c) Developer/Operator’s installation and operation of the facility permit
hereby, including without limitation, any and all liabilities arising from the emission
the facility of electromagnetic fields or other energy waves or emissions.
7. The Developer shall report, in writing, to the Planning Director within 30 days, i
address change from that which is shown on the permit application.
8. The Developer shall implement, or cause the implementation of, the Carlsbad Be:
Estates Project Mitigation Monitoring and Reporting Program.
9. The Developer shall submit to the City Engineer (Tentative Tract Map) and Plann
Director (Site Development Plan, Planned Unit DevelopmentKondominium Plar
reproducible 24” x 36”, mylar copy of the Tentative Map, Site Development Plan, 2
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Planned Unit Development Plan/Condominium Plan reflecting the conditio
approved by the final decision making body.
10. Prior to the issuance of a building permit, the Developer shall provide proof to t
Director from the School District that this project has satisfied its obligation to provi
school facilities.
1 1. This project shall comply with all conditions and mitigation measures which are requiI
as part of the Zone 1 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
12. Building permits will not be issued for this project unless the local agency providi
water and sewer services to the project provides written certification to the City tl
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 ef6
shall be placed on the Final Map.
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, 1
Developer shall enter into an Affordable Housing Agreement with the City to provide a
deed restrict 1 second dwelling unit (including: Unit 1 on Lot 1) as affordable to low
income households for the useful life of the dwelling units, in accordance with
requirements and process set forth in Chapter 21 35 of the Carlsbad Municipal Code. 1
draft Affordable Housing Agreement shall be submitted to the Planning Director no la
than 60 days prior to the request to final the map. The recorded Affordable Housj
Agreement shall be binding on all future owners and successors in interest.
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 2
the Developer agree within an Affordable Housing Agreement to an alternate sched
for development.
15. 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 i~
healthy and thriving condition, free from weeds, trash, and debris.
16. 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.
17. The Developer shall establish a homeowner’s association and corresponding covena
conditions and restrictions. Said CC&Rs shall be submitted to and approved by
Planning Director prior to final map approval. Prior to issuance of a building permit
Developer shall provide the Planning Department with a recorded copy of the offic
CC&Rs that have been approved by the Department of Real Estate and the Plann
Director. At a minimum, the CC&Rs shall contain the following provisions:
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A. General Enforcement by 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 lx
the right to disapprove. A copy of the final approved amendment shall
transmitted to City within 30 days for the official record.
C.
D.
Failure of Association to Maintain Common Area Lots and Easements. In ’
event that the Association fails to maintain the “Common Area Lots and/or
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necess;
maintenance. If the City elects to perform such maintenance, the City shall g
written notice to the Association, with a copy thereof to the Owners in the Projc
setting forth with particularity the maintenance which the City finds to be requil
and requesting the same be carried out by the Association within a period of thi
(30) days fi-om the giving of such notice. In the event that the Association fails
carry out such maintenance of the Common Area Lots and/or Associatio:
Easements within the period specified by the City’s notice, the City shall
entitled to cause such work to be completed and shall be entitled
reimbursement with respect thereto from the Owners as provided herein.
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 ca
incurred by the City to perform such maintenance of the Common Area Lots 2
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 1
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
generality of the foregoing, in addition to all other rights and remedies availa
to the City, the City may levy a special assessment against the Owners of each 1
in the Project for an equal prorata share of the invoice, plus the late charge. SI
special assessment shall constitute a charge on the land and shall be a continu
lien upon each Lot against which the special assessment is levied. Each Ownel
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 i
hisher respective Lot for purposes of collecting such special assessment
accordance with the procedures set forth in Article of this Declaration
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E. Landscape Maintenance Responsibilities. The HOAs and individual lot or u
owner landscape maintenance responsibilities shall be as set forth in Exhibit B.
F. Balconies. trellises and decks. The individual lot or unit owner allowances a
prohibitions regarding balconies, trellises and decks shall be as set forth
Exhibits E, G, I, L, and N.
G. Parkinp. Parking on the private drive which serves the project shall
prohibited at all times.
18. This project is being approved as a Planned Unit Development/Condominium Perr
for residential homeownership purposes. If any of the units in the project are rented, 1
minimum time increment for such rental shall be not less than 26 days. The CC&Rs
the project shall include this requirement.
19. Prior to the issuance of the first Building Permit, Developer shall submit to the Cip
Notice of Restriction to be filed in the office of the County Recorder, subject to 1
satisfaction of the Planning Director, notifying all interested parties and successors
interest that the City of Carlsbad has issued a Tentative Tract Map, Site Developmc
Plan, Planned Unit Development/Condominium Permit, and Coastal Developmc
Permit by Resolution(s) No. 4728,4729,4730, and 4731 on the real property owned
the Developer. Said Notice of Restriction shall note the property description, location
the file containing complete project details and all conditions of approval as well as 2
conditions or restrictions specified for inclusion in the Notice of Restriction. 1
Planning Director has the authority to execute and record an amendment to the not
which modifies or terminates said notice upon a showing of good cause by the Develo
or successor in interest.
20. If satisfaction of the school facility requirement involves a Mello-Roos Commur
Facilities District or other financing mechanism which is inconsistent with City Cour
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyc
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,
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 Plann
Director and shall at least include a handout and a sign inside the sales facility stating
fact of a potential pass-through of fees or taxes exists and where complete infonnat
regarding those fees or taxes can be obtained.
21. The Developer shall display a current Zoning and Land Use Map, or an alternatj
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, fut
and existing schools, parks and streets.
22. The developer shall post a sign in the sales office in a prominent location that discla
which special districts and school district provide service to the project. Said sign SI
remain posted until ALL of the units are sold.
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23. Prior to the recordation of the first final tract map or the issuance of building perm:
whichever occurs first, the Developer shall prepare and record a Notice that this prope
is subject to overflight, sight and sound of aircraft operating from McClellan-Palon
Airport, in a form meeting the approval of the Planning Director and the City Attorr
(see Noise Form #2 on file in the Planning Department).
24. The Developer shall construct trash receptacle and recycling areas enclosed by a six-fi
high masonry wall with gates pursuant to City Engineering Standards and Carlsl
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by
Planning Director. Enclosure shall be of similar colors and/or materials to the project
the satisfaction of the Planning Director.
25. No outdoor storage of materials shall occur onsite unless required by the Fire Ch
When so required, the Developer shall submit and obtain approval of the Fire Chief 2
the Planning Director of an Outdoor Storage Plan, and thereafter comply with
approved plan.
26. 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 i
avoid any impacts on adjacent homes or property.
27. Compact parking spaces shall be located in large groups, and in locations clearly marl
to the satisfaction of the Planning Director.
28. Developer shall construct, install and stripe not less than 5 guest parking spaces,
shown on Exhibit A.
29. The RV storage area shall be screened to the satisfaction of the Planning Director,
Engineerinp 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 c
final map.
30. Prior to issuance of any building permit, the developer shall comply with
requirements of the City’s anti-graffiti program for wall treatments if and when suc
program is formerly established by the City.
3 1. There shall be one final subdivision map recorded for this project.
32. Developer shall provide, to the City Engineer, sufficient instruments (via CC&R’s
other acceptable record document) for maintaining the private easements within
subdivision and all the private: streets, sidewalks, street lights, and storm drain facili
located therein and to distribute the costs of such maintenance in an equitable man
among the owners of the properties within the subdivision.
’ 33. 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
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employees to attack, set aside, void or null an approval of the City, the Plannj
Commission or City Engineer which has been brought against the City within the ti
period provided for by Section 66499.37 of the Subdivision Map Act.
34. Prior to hauling dirt or construction materials to or from any proposed construction :
within this project, Developer shall apply for and obtain approval from the City Engin
for the proposed haul route.
35. Developer shall install sight distance corridors at all street intersections in accordar
with Engineering Standards and shall record the following statement on the Final M
(and in the CC&R's).
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches abo
the street level may be placed or permitted to encroach within the area identifj
as a sight distance corridor in accordance with City Standard Public Street-Desi
Criteria, Section 8.B.3. The underlying property owner shall maintain tl
condition." Due to project constraints, the installation of a fire hydrant YI
be permitted in this area only.
36. Developer shall pay all current fees and deposits required.
37. Developer shall cause property owner to execute and submit to the City Engineer :
recordation the City's standard form Drainage Hold Harmless Agreement regardil
drainage across the adjacent property.
38. Developer shall cause property owner to execute and submit to the City Engineer f
recordation the City's standard form Geologic Failure Hold Harmless Agreement.
39. 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 Landscapil
District No. 1 on a form provided by the City.
40. Based upon a review of the proposed grading and the grading quantities shown on t
Tentative Map, a grading permit for this project is required. The developer must subn
and receive approval for grading plans in accordance with city codes and standards pri
to recordation of the Final Map for the project.
41. Upon completion of grading, Developer shall file an "as-graded" geologic plan with tl
City Engineer. The plan shall clearly show all the geology as exposed by the gradil
operation, all geologic corrective measures as actually constructed and must be based (
a contour map which represents both the pre and post site grading. This plan shall 1
signed by both the soils engineer and the engineering geologist. The plan shall 1
prepared on a 24" x 36" mylar or similar drafting film and shall become a permane
record.
42. The drainage system shall be designed to ensure that runoff resulting from 10-ye
frequency storms of 6 hours and 24 hours duration under developed conditions, are eqt
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to or less than the runoff from a storm of the same frequency and duration under existi
developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed
determine the detention basin capacities necessary to accomplish the desired results.
43. Developer shall comply with the City's requirements of the National Pollutant Discha]
Elimination System (NPDES) permit. The developer shall provide best managem
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 Engine
Said plans shall include but not be limited to notifylng prospective owners and tenants
the following:
A. All owners and tenants shall coordinate efforts to establish or work w
established disposal programs to remove and properly dispose of toxic a
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor c
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl.
such fluids shall not be discharged into any street, public or private, or ir
storm drain or storm water conveyance systems. Use and disposal
pesticides, fungicides, herbicides, insecticides, fertilizers and other su
chemical treatments shall meet Federal, State, County and C
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surfa
pollutants when planning any changes to the landscaping and surfa
improvements.
44. Plans, specifications, and supporting documents for all public improvements shall
prepared to the satisfaction of the City Engineer. In accordance with City Standards, t
developer shall install, or agree to install and secure with appropriate security as provid
by law, improvements shown on the Tentative Map and the following improvements:
A. Public potable water and sewer facilities which are proposed to serve t
development.
A list of the above improvements shall be placed on an additional map sheet on the fir,
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvemer
listed above shall be constructed within 18 months of approval of the securc
improvement agreement or such other time as provided in said agreement.
45. The design of all private streets and drainage systems shall be approved by the Ci
Engineer. The structural section of all private streets shall conform to City of Carlsb;
Standards based on R-value tests. All private streets and drainage systems shall i
inspected by the City. The standard improvement plan check and inspection fees shall.
paid prior to approval of the Final Map for this project.
46. Notes to the following effects shall be placed on the final map as non-mapping data:
PC RES0 NO. 4728 -1 1-
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A. All improvements are private and are to be privately maintained with 1
exception of the following:
1. Potable water system
2. Sewer system
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 incl
above the street level may be placed or permitted to encroach within I
area identified as a sight distance corridor in accordance with C
Standard Public Street-Design Criteria, Section 8.B.3. The underlyi
property owner shall maintain this condition.
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Fire Conditions:
47. Developer will provide permanent signing at the entrance to the development indicati 11 the addresses served by the private driveway.
l2 Water Conditions:
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5 1. The Developer shall design and construct public sewer facilities substantially as shoT 21
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accordance with District Standards and show said public water facilities on pub 19
50. The Developer shall design and construct public water facilities substantially as shown 1 18
plans.
on the Tentative Map to the satisfaction of the Deputy City Engineer - Utilities,
improvement plans.
48. The Developer shall place potable water and recycled water services and meters a1
public improvement plans.
49. The Developer shall place sewer laterals and cleanouts at a location approved by t
Deputy City Engineer - Utilities and show the sewer laterals on public improveme
the Tentative Map to the satisfaction of the Deputy City Engineer - Utilities,
improvement plans.
22 accordance with City Standards and show said public sewer facilities on pub
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24 52. The Developer shall provide design and construct public facilities within the public rig1
of-way or within minimum 20’ wide easements granted to the District or the City
25 Carlsbad. At the discretion of the Deputy City Engineer - Utilities, wider easements m
be deemed necessary for adequate maintenance, access and/or joint utility purposes. 26
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53. The Developer shall design landscape and irrigation plans for use of recycled water x
submit said plans to the Deputy City Engineer - Utilities for review, comment a
PC RES0 NO. 4728 -12-
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’ 54. The Developer shall provide separate potable water meters for each separately own
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This project is subject to all applicable provisions of local ordinances, including but not limit
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to the following code requirements:
55. Approval of this request shall not excuse compliance with all applicable sections oft
Zoning Ordinance and all other applicable City ordinances in effect at time of buildi
7 permit issuance, except as otherwise specifically provided herein.
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56. The tentative map approval shall expire twenty-four (24) months fi-om the date of fi~
decision for tentative map approval.
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57. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordar
with the Carlsbad Municipal Code and the City Engineer.
58. Addresses, approved by the Building Official, shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; color of identificati
and/or addresses shall contrast to their background color, as required by Carlsk
Municipal Code Section 18.04.320.
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59. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
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map as required by Chapter 20.44 of the Carlsbad Municipal Code.
60. The Developer shall pay a landscape plan check and inspection fee as required by Secti
20.08.050 of the Carlsbad Municipal Code.
61. Prior to occupancy of the first dwelling unit the Developer shall provide all requil 19 passive and active recreational areas per the approved plans, including landscaping E
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with the City’s Sign Ordinance and shall require review and approval of the Plann
recreational facilities.
22 Director prior to installation of such signs.
23 II NOTICE
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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 fi-om [insert date of approval] to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim I/ PC RES0 NO. 4728 -13-
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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 t
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 othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann:
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
LA)&* .4?&*
WILLIAM COMPAS, Chairperson fl
CARLSBAD PLANNING COMMISSION
ATTEST:
, 11
MICHAEL J. HOLZXIILL~~
Planning Director
~ PC RES0 NO. 4728 -14-