HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49631
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PLANNlNG COMMISSION RESOLUTION NO. 4963
A RESOLUTlON OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT OF CARLSBAD TRACT
NUMBER CT 97-16 TO SUBDIVIDE 174 ACRES INTO 171
LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF
CANNON ROAD AND EAST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH
CASE NO.: CT 97-16(A)
WHEREAS, The Kelly Land Company, “Developer and Owner”, has filed a
verified application with the City of Carlsbad regarding property described as
A portion of Lot “I” of Ran&o Agua Hedionda and a portion
of Lot “F” of Ranch0 Agua Hedionda, all in the City of
Carlsbad, County of San Diego, State of California according
to map thereof No. 823, filed in the office of the County
Recorder of San Diego on November 16,1896.
(“the Property”); and
WHEREAS, the California Coastal Commission approved Local Coastal
Program Amendment LCPA 97-09(A) with modifications on July 11,200O; and
WHEREAS, this Tract Map Amendment is necessary for the Kelly Ranch
project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A);
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Amendment as shown on Exhibit(s) “A” - “M” dated May 2,2001, on file in the Planning
Department KELLY RANCH - CT 97-16(A), as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of May 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map Amendment; and,
WHEREAS, on the 7th day of April, 1999, the Planning Commission
recommended approval of CT 97-16 as described and conditioned in Planning Commission
Resolution No. 4497; and,
WHEREAS, on the 11th day of May, 1999, The City Council approved CT
97-16 as described and conditioned in City Council Resolution No. 99-162; and,
WHEREAS, this resolution’s findings and conditions shall supercede the
findings and conditions of Planning Commission Resolution No. 4497; and,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of KELLY RANCH, CT 97-16(A), based on
the following findings and subject to the following conditions:
FindinE:
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, the
Mello II segment of the Local Coastal Program, any applicable specific plans, Titles 20
and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not
cause serious public health problems, in that the proposed grading includes remedial
measures to stabilize slopes, the subdivision is not located within close proximity to
land uses which are known to cause health problems, and the extent and quantities
of grading are within prescribed limits.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for open space and residential development on
the General Plan.
3. That the site is adequate in size and shape to accommodate residential development at the
density proposed and is therefore physically suitable for the type and density of the
development, in that the subdivision is for 147 single family lots which is within the
density range allowed by the General Plan and the Mello II segment of the Local
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Coastal Program of up to 201 and for three multi-family lots which can
accommodate up to 493 units.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that no structure is proposed within any restricted easement and access required by
any easement for service purposes has been protected.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act) and is not subject to the agricultural
preservation policies of the Mello II segment of the Local Coastal Program.
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that there are no limits on
structure design which would prohibit passive or natural heating or cooling . . opportumtles and the site has coastal breezes and north, south, east, and west
exposure which could be used to the advantage of designing such energy efficient
structures.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project is an amendment to a previously approved proposal for
which an Environmental Impact Report was certified. The proposed amendments
have been reviewed for potential impacts to the environment and the previously
certified EIR has been used as the basis of that analysis. No new significant adverse
impacts will be created by the project.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been conditioned and designed to comply with all NPDES and Local Coastal
Program water quality standards.
The Planning Commission finds that the project, as conditioned herein for Kelly Ranch,
is in conformance with the Elements of the City’s General Plan, based on the following:
A. Land Use: The project is consistent with the City’s General Plan since the
proposed density of single family lots of 3.12 du/acre is within the density range
of (O-4) du/acre specified for the site as indicated on the Land Use Element of the
General Plan, and the density of the multi-family lots of 13.9 is within the
General Plan range of (S-15) dwelling units per acre.
B. Circulation: The project will provide Cannon Road improvements which is a
Circulation Element roadway.
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11 The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 8 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to ensure that building permits will not be issued
for the project unless the applicable agency determines that sewer and water
services are available, and building cannot occur within the project unless they
remain available, and the applicable agency is satisfied that the requirements of
the General Plan have been met insofar as they apply to sewer and water service
for this project.
B.
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PC RESO NO. 4963
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or are required as
conditions of approval.
The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Payment of the fee will enable this body to
find that public facilities will be available concurrent with need as required by the
General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
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Noise: The project was analyzed for noise impacts related to Cannon Road
and mitigation has been included as a condition of approval.
Housing: That the project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the Developer has entered into an
Affordable Housing Agreement to provide and deed restrict 124 dwelling units as
affordable to lower-income households.
Open Space and Conservation: The project provides significant areas of
General Plan Open Space which supports open space conservation and
natural habitats preservation.
Public Safety: The project will be adequately served by public safety facilities
and personnel.
Parks and Recreation: The project has been conditioned to pay park-in-lieu
fees.
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13. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that this project
has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 8.
14. That the project’s conceptual landscape plan is consistent with the City’s Landscape
Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I
W.
15. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map.
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If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map Amendment.
Staff is authorized and directed to make, or require Developer or their successors to
make, all corrections and modifications to the Tentative Tract Map document(s)
necessary to make them internally consistent and in conformity with final action on the
project. Development shall occur substantially as shown in the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
approval.
The Developer or their successors shall comply with all applicable provisions of federal,
state, and local ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential
housing project are challenged this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
Adoption of Planning Commission Resolution No. 4963 [CT 97-16(A)] voids and
supersedes Planning Commission Resolution No. 4497 (CDP 97-16) and shall
become effective upon concurrence by the California Coastal Commission with the
Executive Director’s report of acceptance of the suggested modifications for
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Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the
City of Carlsbad.
The Developer or their successors shall implement, or cause the implementation of, the
Kelly Ranch Master Plan Project Mitigation Monitoring and Reporting Program.
The Developer or their successors shall submit to the Planning Director a reproducible
24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the
final decision making body.
The Developer or their successors shall include, as part of the plans submitted for any
permit plan check, a reduced legible version of the approving resolution(s) in a 24” x 36”
blueline drawing format.
Prior to the issuance of a building permit, the Developer or their successors shall provide
proof to the Director from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall he placed on the Final Map.
The Developer or their successors shall pay the public facilities fee adopted by the City
Council on July 28, 1987, (amended July 2,199l) and as amended from time to time, and
any development fees established by the City Council pursuant to Chapter 21.90 of the
Carlsbad Municipal Code or other ordinance adopted to implement a growth management
system or Facilities and Improvement Plan and to fulfil1 the Developer or their
successors’s/subdivider’s agreement to pay the public facilities fee dated August 29,
1997, a copy of which is on tile with the City Clerk and is incorporated by this reference.
If the fees are not paid, this application will not be consistent with the General Plan and
approval for this project will be void.
These approvals shall become null and void if grading permits are not issued for this
project within 24 months from the date of final map recordation.
The Developer or their successors shall construct inclusionaty units as required by the
Affordable Housing Agreement Imposing Restrictions on Real Property by and
between the City of Carlsbad, Kelly Laud Company and PTR Developments
Services, Inc. adopted by City Council on July 28, 1998 by Resolution No. 98-257
and Addendum No. 1 to that agreement entered into on February 13,200l.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 8 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
A. Full width improvements to Cannon Road along the project frontage.
B. Reduced width Park Drive improvements.
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C. Half street improvements to El Camino Real.
15. The Developer or their successors shall establish a homeowner’s association (BOA) and
corresponding covenants, conditions and restrictions (CC&Rs) for Planning Areas “I”
and “J”. Said CC&Rs shall be submitted to and approved by the Planning Director prior
to fnal map approval. Prior to issuance of a building permit the Developer or their
successors shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
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 the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record. Failure of Association
to Maintain Common Area Lots and Easements. In the event that the Association
fails to maintain the “Common Area Lots and/or the Association’s Easements” as
provided in Article , Section the City shall have the right,
but not the duty, to perform the necessary maintenance. If the City elects to
perform such maintenance, the City shall give written notice to the Association,
with a copy thereof to the Owners in the Project, setting forth with particularity
the maintenance which the City finds to be required and requesting the same be
carried out by the Association within a period of thirty (30) days from the giving
of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within
the period specified by the City’s notice, the City shall be entitled to cause such
work to be completed and shall be entitled to reimbursement with respect thereto
from the Owners as provided herein.
C. Special Assessments Levied by the Citv. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
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special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Landscape. Trail and Vista Point Maintenance Responsibilities. Landscape,
trail and vista point maintenance shall be the responsibility of the Planning Area
“I” and “J” HOAs or the individual lot owner and the details of that responsibility
shall be set forth in the CC&Rs.
Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be set forth in the CC&Rs.
Recreational Vehicle Storage. Use and maintenance responsibilities of the
common recreational vehicle storage area shall be set forth in the CC&Rs.
Fire Suuuression Areas. Fire suppression zones have been established per
CDP 97-43(A). Each zone and use restriction within each zone shall be set
forth in the CC&Rs.
16. This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is author&d to extend the 60 days, for a period not to exceed 60 days,
upon a showing of good cause.
17. Prior to the issuance of a grading permit, the Developer or their successors shall
submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s
Landscape Manual and the Mello II Segment of the Carlsbad Local Coastal Program.
The Developer or their successors shall construct and install all landscaping as shown on
the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
18. Prior to the issuance of a grading permit, the Developer or their successors shall
submit a landscape management plan consistent with the requirements of
21.203.040(H).
19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
20. Concurrent with street improvements, the Developer or their successors shall provide
bus stops to service this development at locations and with reasonable facilities to the
satisfaction of the North County Transit District and the Planning Director. Said
facilities, if required, shall at a minimum include a bench, free from advertising, and a
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21, If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
or their successors shall disclose to future owners in the project, to the maximum extent
possible, the existence of the tax or fee, and that the school district is the taxing agency
responsible for the financing mechanism. The form of notice is subject to the approval of
the Planning Director and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where
complete information regarding those fees or taxes can be obtained.
22, The Developer or their successors shall display a current Zoning and Land Use Map, or
an alternative, suitable to the Planning Director, in the sales office at all times. All sales
maps that are distributed or made available to the public shall include but not be limited
to trails, future and existing schools, parks and streets.
23. The Developer or their successors shall post a sign in the sales office in a prominent
location that discloses which special districts and school district provide service to the
project. Said sign shall remain posted until ALL of the units are sold.
24. The Developer or their successors shall: 1) consult with the United States Fish and
Wildlife Service (USFWS) regarding the impact of the project; and, 2) obtain any permits
required by the USWFS.
25. Paleontology:
pole for the bus stop sign. The facilities shall be designed to enhance or be consistent
with basic architectural theme of the project.
A. Prior to any grading of the project site, a paleontologist shall be retained to
perform a walkover survey of the site and to review the grading plans to
determine if the proposed grading will impact fossil resources. A copy of the
paleontologist’s report shall be provided to the Planning Director prior to issuance
of a grading permit;
B. A qualified paleontologist shall be retained to perform periodic inspections of the
site and to salvage exposed fossils. Due to the small nature of some of the fossils
present in the geologic strata, it may be necessary to collect matrix samples for
laboratory processing tbrough fine screens. The paleontologist shall make
periodic reports to the Planning Director during the grading process;
C. The paleontologist shall be allowed to divert or direct grading in the area of an
exposed fossil in order to facilitate evaluation and, if necessiuy, salvage artifacts;
D. All fossils collected shall be donated to a public, non-profit institution wifh a
research interest in the materials, such as the San Diego Natural History Museum;
E. Any conflicts regarding the role of the paleontologist and the grading activities of
the project shall be resolved by the Planning Director and City Engineer.
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Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer or their successors shall prepare and record a
Notice that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor, in a form meeting the approval of the Planning Director and
City Attorney (see Noise Form #l on file in the Planning Department).
The Developer or their successors shall dedicate on the final map, an open space
easement for those portions of lots 77, 78, 79, 81, 82, 83, 157, 158, 159, 160, 163, 164,
166, 170 which are in slopes, wetlands, coastal sage scrub or other constrained land plus
all other lands set aside as part of the Citywide Open Space System to prohibit any
encroachment or development, including but not limited to fences, walls, decks, storage
buildings, pools, spas, stairways and landscaping, as shown on Exhibits “A” - “M”.
Removal of native vegetation and development of Open Space Lot(s) 77, 78, 79, 81, 82,
83, 157, 158, 159, 160, 163, 164, 166, 170, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping, other than that approved
as part of the grading plan, improvement plans, biological re-vegetation program,
landscape plan, etc. as shown on Exhibits “A” - “M”, is specifically prohibited, except
upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the Planning Director, and California Coastal Commission if in
Coastal Zone, based upon a request from the Homeowners Association accompanied by a
report from a qualified arbor&/botanist indicating the need to remove specified trees
and/or plants because of disease or impending danger to adjacent habitable dwelling
units. For areas containing native vegetation the report required to accompany the
request shall be prepared by a qualified biologist.
The Developer or their successors shall provide an irrevocable offer of dedication to the
City of Carlsbad on the Final Map for a trail easement for trail(s) shown on the
tentative map within Open Space Lot 78. Prior to the issuance of any building permits,
the trail shall be constructed as a public trail for public use and accepted by the City of
Carlsbad upon adoption of a Citywide Trails Program that includes provisions for
maintenance and liability. Otherwise, prior to issuance of any building permits, the
obligation for acceptance, construction, maintenance, and liability shall be the
responsibility of another agency designated by the City or the responsibility of the
Planning Area “J” Homeowner’s Association.
Prior to the issuance of building permits for Planning Areas “I” or “J”, the final
design of all of the recreational vehicle storage facility components on Lot 161 shall
have been reviewed and approved by the Planning Director.
The recreational vehicle storage facility on Lot 161 shall be completed and available
prior to occupancy of any unit within Planning Areas “I” or “J.”
The recreational vehicle storage facility on Lot 161 of Carlsbad Tract 97-16 is not a
commercial facility and is for the exclusive use of the residents of Kelly Ranch
Planning Areas A, E, I, J and L. Developer or their successors shall cause the owner
to execute and record a deed restriction on Lot 161 designating it in perpetuity as a
common recreational storage facility for Planning Areas A, E, I, J and L.
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A deed restriction shall be placed on lot 162 limiting its use to day care and on 101
167 for use by the Agua Hedionda Lagoon Foundation as a Nature/Visitor Center.
Prior to the issuance of a grading permit, the Developer or their successors shall
submit a Public Education Program consistent with the requirements 01
21.203.040(B)(4)(j).
This approval is granted subject to the approval of CDP 97-43(A) and HDP 97-17(A)
and is subject to all conditions contained in Planning Commission Resolutions No.
4964 and 4965 for those other approvals.
Engineering
Note Unless specifically stated in the condition, all of the following engineering conditions,
upon the approval of this proposed major subdivision, must be met prior to approval of a
final map.
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The Developer or their successors shall provide an acceptable means for maintaining the
private easements within the subdivision such as private: streets, sidewalks, street lights,
storm drain facilities and sewer facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision. Adequate provision for such maintenance shall be included in a recorded
document subject to the approval of the City Engineer.
Prior to issuance of any building permit, the Developer or their successors shall comply
with the requirements of the City’s anti-graffiti program for wall treatments if and when
such a program is formerly established by the City.
There shall be one final subdivision map recorded for this project.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the Developer or their successors shall submit to and receive approval
f?om the City Engineer for the proposed haul route. The Developer or their successors
shall comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
The Developer or their successors shall defend, indemnify and hold harmless the City and
its agents, officers, and employees from any claim, action or proceeding against the City
or its agents, officers, or employees to attack, set aside, void or null an approval of the
City, the Planning Commission or City Engineer which has been brought against the City
within the time period provided for by Section 66499.37 of the Subdivision Map Act.
All concrete terrace drains shall be maintained by the homeowner’s association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the responsibility
shall be placed in the CC&Rs (if maintained by the Association) and on the final map.
The Developer or their successors shall provide for sight distance corridors in accordance
with Engineering Standards, the tentative map, and as indicated in the “Special
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Conditions”; and, shall record the following statements on the conforming mylar
tentative map and landscape concept plan:
A. Mature vegetation within the site line area of all intersections shall be no
greater than 30” in height or have a canopy no less than 8’ in height above
the street grade.
El. No structure, fence, wall, sign, or other object over 30 inches above the street
level shall be placed or permitted to encroach within the area identifled as a sight
distance corridor in accordance with City Standards and the tentative map. The
underlying property owner, or homeowner’s association shall maintain this
condition.
Fees/Agreements
43.
44.
45.
46.
This project is within the proposed boundary of the Cannon Road West Bridge and
Thoroughfare Fee District. This project is required to pay a fair share contribution
towards the construction of Cannon Road in accordance with the proposed fee program.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
Developer or their successors shall cause property owner to execute and submit to the
City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless
Agreement.
Developer or their successors shall cause property owner to execute and submit to the
City Engineer for recordation the City’s standard form Drainage Hold Harmless
Agreement regarding drainage across the adjacent property.
Grading
47. Prior to the issuance of a grading permit, the Developer or their successors shall submit
proof that a Notice of Intention has been submitted to the State Water Resources Control
Board.
48. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. The Developer or their
successors must submit and receive approval for grading plans in accordance with City
codes and standards. Pursuant to these conditions of approval, Developer is aware of
soil settlement issues at the subdivision boundary along Faraday Avenue and
Cannon Road, and has requested that final engineering (grading, improvement and
final map) plans be processed with this soil issue unresolved. Developer has agreed
to process the final engineering plans at his own risk. Developer has agreed that any
additional costs incurred due to redesign of the final engineering plans to mitigate
soils settlement impacts, shall be assumed solely by the Developer or their
successors, and, any revisions to the project to mitigate said soil settlement impacts
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49.
50.
51.
52.
53.
54.
may require that the project go back before Planning Commission and/or City
Council for amendment.
The following notes shall be placed on the grading plans:
A. “Contractor/Inspection/Utility Co., Note 1: O”-2” of existing soil settlement
may occur on Faraday Avenue, from Whitman Way to Cannon Road,
including the Faraday Avenue/Cannon Road intersection. Soil settlement
monuments shall be installed and monitored for all grading operations”;
B. “Contractor/Inspectiou/Utility Co., Note 2: 10” - 20” of existing soil
settlement may occur on Cannon Road, south of the Cannon
RoadMemiugway Drive intersection. Soil settlement monuments shall be
installed and monitored for all grading operations.”
Developer or their successors shall notify all applicable utility companies of the
existing soil settlement impacts to Faraday Aveuue, from Whitman Way to Cannon
Road, including the Faraday Avenue/Cannon Road intersection. Developer or their
successors shall provide evidence of notification to the City that the applicable
utility companies have been made aware of the soil settlement impacts. Developer
has agreed that any additional costs incurred due to redesign of the final
engineering plans to mitigate soils settlement impacts to existing utilities, shall be
assumed solely by the Developer or their successors.
Based upon review of the proposed grading and grading quantities shown on the tentative
map, a precise grading plan and permit for this project is required. The developer or their
successors shall apply for and obtain a grading permit from the City Engineer.
Upon completion of grading, the Developer or their successors shall ensure that an “as-
graded” geologic plan is submitted to the City Engineer. The plan shall clearly show all
the geology as exposed by the grading operation, all geologic corrective measures as
actually constructed and must be based on a contour map which represents both the pre
and post site grading. This plan must be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24” by 36” mylar or similar film
and shall become a permanent record.
Cannon Road has been designed as a balanced grading project. To facilitate the
grading and development of the private portions of Kelly Ranch, Cannon Road has
been used as a borrow site. In consideration for Cannon Road having been used as
a borrow site, the Developer or their successors shall grade the Kelly Ranch Core
Area so that fill material is reciprocally available for the completion of Cannon
Road and import material will not be required for Cannon Road. If import or
export material is required, it shall be imported at the sole expense of the Kelly
Ranch Core Area Developer or their successors.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer or their successors obtains, records
and submits a recorded copy to the City Engineer a grading or slope easement or
agreement from the owners of the affected properties. If Developer or their successors is
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unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer or their successors must either apply for and obtain an
amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance from both the City
Engineer and Planning Director.
55. All construction activities shall be planned so that grading will occur in units that
can be easily completed within the summer construction season. All grading
operations shall be limited to be between April 1 and October 1 of each year. All
areas disturbed by grading shall be planted within 60 days of initial disturbance and
prior to October 1 with temporary or permanent (in the case of finished slopes)
erosion control methods. The October 1 grading season deadline may be extended
with the approval of the City Engineer subject to implementation by October 1 of
erosion control measures designed to prohibit discharge of sediments off-site during
and after the grading operation is completed. Extensions beyond November 15 may
be allowed in areas of very low risk of impact to sensitive coastal resources.
If any of the responsible Resource Agencies prohibit grading operations during the
summer grading period in order to protect endangered or rare species or sensitive
environmental resources, then grading activities may be allowed during the winter.
Dedications/Improvements
56. Direct access rights for all lots abutting Cannon Road and Faraday Avenue shall be
waived on the final map, including Planning Area ‘F’ (except for the driveway
location that was previously approved in conjunction with the Agua Hedionda
Nature Center Site Development Plan (SDP 98-15).
57. Developer or their successors shall cause Owner to make an irrevocable offer of
dedication to the City and/or other appropriate entities for all public streets and other
easements shown on the tentative map, including a standard knuckle and curb returns
at the Hemingway Drive/Whitman Way intersection, at proposed Lot 163 (Area
‘D’). The offer shall be made by a certificate on the final map for this project. All land
so offered shall be granted to the City free and clear of all liens and encumbrances and
without cost to the City. Streets that are already public are not required to be rededicated.
58. Developer or their successors shall cause Owner to make an irrevocable offer of
dedication to the City and/or other appropriate entities for a permanent South Agua
Hedionda interceptor sewer lift station located on Lot No. 82, or any other lot, as
required by the California Coastal Commission and the City of Carlsbad, and as
negotiated with the developer or their successors. If Lot No. 82 is approved by the
California Coastal Commission as the site for the permanent lift station then the
offer shall be made by a certificate on the final map for this project. If a determination
for the lift station site has not been made prior to final map, then the irrevocable
offer of dedication shall be done by separate instrument, prior to the issuance of any
building permit. All land so offered shall be granted to the City free and clear of all
liens and encumbrances with the exception of existing utility easements and without
cost to the City. The City will only accept any irrevocable offer of dedication if a
final Coastal Development Permit is issued for the lift station.
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59. Prior to issuance of building permits, or as approved by the City Engineer, the Developer
or their successors shall underground all existing overhead utilities along and within the
subdivision.
60. Developer or their successors shall comply with the City’s requirements for meeting the
National Pollutant Discharge Elimination System (NPDES) and San Diego Regional
Water Quality Control Board (SDRWQCB) permits. Developer or their successors shall
provide improvements constructed pursuant to Best Management Practices (BMP’s) as
referenced in the “California Storm Water Best Management Practices Handbook” to
reduce surface pollutants to an acceptable level prior to discharge to sensitive areas.
Plans for such improvements shall be submitted to and subject to the approval of the City
Engineer. Said plans shall include but not be limited to notifying prospective owners and
tenants, and doing, the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
d. Infiltrate, filter or treat the volume of runoff produced by each and every
storm event up to and including the 85th percentile 24-Hour storm and/or
maximum flow rate of runoff produced by the 85th percentile hourly rainfall
intensity, prior to conveying runoff in excess of this standard to the storm
water conveyance system as required by California Regional Water Quality
Control Board, San Diego Region, Order No. 2001-01, or any update thereof.
e. Prior to the issuance of grading permit, the applicant shall prepare and submit to
the City for approval, a “Storm Water Pollution Prevention Plan (SWPPP).” The
SWPPP shall be in compliance with current requirements and provisions
established by the SDRWQCB. The SWPPP shall address measures to reduce to
the maximum extent possible storm water pollutant runoff at both pre and post-
construction phases of the project. At a minimum, the SWPPP shall:
1.
2.
3.
Identify existing and post-development on-site pollutants;
Recommend source control BMP’s to filter said pollutants;
Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education on
the proper procedures for handling clean up and disposal of pollutants;
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61
4.
5.
6.
Include a water quality/urban runoff control and monitoring
program to ensure that the discharge from all proposed outlets is
consistent with local and regional standards (LCPA Z-99D, suggested
modifications);
Install “Pollutant Prevention Awareness” tile at all storm drain inlets/catch
basins;
Ensure long-term maintenance of all post constructed BMP’s in
perpetuity; which may include, but are not limited to:
a. Detention basins;
b. Vegetated swales;
C. Public and private storm drain catch basin inlet filters;
d. Oil/water separators.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
Developer or their successors shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the tentative map and site
development plans, and, in accordance with the following:
A.
B.
C.
D.
Install a fully actuated 4-way traffic signal at the intersection of Cannon
Road and Faraday Avenue (including the Area ‘F’ access). The
Developer or their successors shall enter into a City standard traffic
signal reimbursement agreement prior to issuance of any building permit.
The Developer or their snccessors shall be eligible for a proportionate
share reimbursement for their design and construction costs of this traffic
signal. The Developer or their successors shall calculate reimbursement
costs and prepare the reimbursement request. The reimbursement
request shall include cost documentation, which shall be reviewed to the
satisfaction of, and approved by, the City Engineer;
Install a fully actuated traffic signal at the intersection of Faraday
Avenue and Whitman Way, including a traffic signal interconnect with
the Faraday Avenue/Cannon Road traffic signal;
Bond for the design and construction of a fully actuated traffic signal at
the Cannon Road/Hemingway Drive intersection (this trafftc signal shall
be installed at the direction of the Deputy City Engineer -Transportation
Division, and City Engineer);
Construct full Major Arterial improvements to Cannon Road, including
the laudscaped raised mediau, from the southerly boundary of Kelly
Ranch Village “E” (CT 96-07) to the southerly boundary of CT 97-16A.
If the Kelly Ranch Core Area project does not go forward and the City
constructs Cannon Road, and surcharges Cannon Road to accommodate
the Kelly Ranch Core Area project, then the Developer of the Kelly
Ranch Core Area shall complete their frontage improvements. Developer
has agreed that any additional costs to surcharge Cannon Road to
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accommodate the Kelly Ranch Core Area project shall be assumed solely
by the developer.
If the Kelly Ranch Core Area project does not go forward and the City
constructs Cannon Road, without surcharging Cannon Road to
accommodate the Kelly Ranch Core Area project, then the Developer of
the Kelly Ranch Core Area shall redesign (i.e., pull back or implement
some other mitigation measure to the satisfaction of the City Engineer)
the slopes along Cannon Road so that the slopes do not negatively impact
Cannon Road due to soil settlement; and, the Developer shall also
complete their frontage improvements. If the Kelly Ranch Core Area
slopes along Cannon Road have to be redesigned pursuant to this
condition, then the project may be required to go hack before Planning
Commission and/or City Council for ameudment.
The developer has entered into a reimbursement agreement dated
December 15, 1998 and shall be eligible for fee credit and/or
reimbursement for their portion of the Cannon Road common
improvements as defined in the Cannon Road West Bridge &
Thoroughfare District;
E. Construct full on-site public street improvements as shown on the
tentative map;
F. Construct full off-site public street improvements for Whitman Way to
Faraday Avenue, as shown on the tentative map;
G. Install soil settlement mitigation measures/improvements
(“improvements”) to Faraday Avenue, from Whitman Way to Cannon
Road, including the Faraday Avenue/Cannon Road intersection, if said
“improvements” are required due to surcharge or other soil settlement
impacts. Existing surface and subsurface (utility) improvements shall be
protected, or, if negatively impacted, due to settlement mitigation
measures, replaced or repaired at the sole cost of the Developer or their
successors, to the satisfaction of the City Engineer;
H. Install a modified North County Transit District Standard Bus Turnout
at the relocated San Diego Gas & Electric transmission tower on Cannon
Road as shown on the tentative map, to the satisfaction of SDG&E, the
Deputy City Engineer-Transportation Division and the City Engineer;
I. Construct the South Agua Hedionda Interceptor permanent sewer along
the project frontage within Cannon Road, connecting to the “dry line” in
Cannon Road, at the southerly boundary of Kelly Ranch Village “E” (CT
96-07). The Developer or their successors may be eligible for a
proportionate share reimbursement for their design and construction
costs of this sewer line. If the developer is eligible for reimbursement, the
developer shall calculate reimbursement costs and prepare the
reimbursement request. The reimbursement request shall include cost
documeutation, which shall be reviewed to the satisfaction of, and
approved by the City Engineer;
J. Install permanent on-site sewer lines, as shown on the tentative map;
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K.
L.
M.
N.
0.
P.
Q-
Install permanent on-site water lines, as shown on the tentative map;
Install a “Pollutant Prevention Awareness” tile at all storm drain
inlets/catch basins;
Install permanent off-site water lines (i.e., 8” connection at Village “E,”
through Area “K,” and, at Area “J”), as shown on the tentative map;
Manhole covers at all locations on the collector sewer system shall be
above the 24’ elevation. (In accordance with CMWD District Engineer
correspondence, dated 11/6/97.)
Wideu and fully improve one half of El Camino Real from Cannon Road
to the improvements being installed for the Ranch0 Real (CT 90-13)
project. This shall include the construction of an 18’ wide raised median
with full landscape and hardscape improvements. Minor modifications to
reduce impacts to the adjoining wetlands may be allowed. Those
modifications may be to the right-of-way and/or improvement widths if
required by responsible resource agencies. Those modifications must be
to the satisfaction of the City Engineer.
A reimbursement agreement may be entered into between the City and
Developer for one half cost of the median improvements. The
reimbursement may require the owner of the frontage on the
northeasterly side of El Camiuo Real (Robertson property) to refund the
cost of half of the improvements to the Developer or their successors of
the Kelly Ranch development that paid for the raised median
improvements. A reimbursement agreement may also be entered into
between the City and Developer for full cost of the improvements to the
southwesterly side of El Camino Real. The reimbursement may require
the owner of the frontage on the northeasterly side of El Camino Real
(Robertson property) to refund the cost of full improvements to the
developer of the Kelly Ranch development that paid for the southwesterly
El Camino Real improvements, that are considered off-site for Kelly
Ranch and on-site for the Robertson property;
Widen and improve Park Drive to a reduced section, as determined and
approved by the City Engineer (in accordance with rescinded Master
Plan 174, Page’s 46 & 56). This condition may be satisfied by Developer
or their successors entering into an agreement with the City which
obligates Developer to construct the required Park Drive improvements
when and as Kelly Ranch Planning Area (Village) ‘A’ is developed. The
Developer or their successors shall also create and record a Declaration of
Restrictions which shall include the acknowledgment of such condition,
acknowledging that the obligation shall run with the land, and
specifically allocate the fulfillment of the condition to the Developer or its
successor in interest to Planning Area (Village) ‘A’;
Construct a potable water Pressure Reduciug (PR) station to service
Village ‘J’;
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62.
63.
64.
65.
R Construct a potable water Pressure Reducing (PR) station to service
Village ‘G’ (the apartment site), or, install private pressure reducing
facilities, for each apartment building, to the satisfaction of the Deputy
City Engineer-Design Division, and, the City Engineer;
S. Construct skid resistant pavement at the proposed 150’ radius curves on
Tolkien Way.
A list of the above improvements shall be placed on an additional map sheet on the final
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements
shall be constructed within 18 months of approval of the secured improvement agreement
or such other time as provided in said agreement.
Drainage out-fall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not provided, shall be designed and incorporated into the
grading/improvement plans for the project. These end treatments shall be designed so as
to prevent vegetation growth from obstructing the pipe out-fall. Designs could consist of
a modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate
(e.g. San Diego Regional Standard Drawing D-41), as a method of preventing vegetation
growth directly in front of the pipe outlet, to the satisfaction of the City Engineer.
Developer or their successors shall provide the design of all private streets and drainage
systems to the satisfaction of the City Engineer. The structural section of all private
streets shall conform to City of Carlsbad Standards based on R-value tests. All private
streets and drainage systems shall be inspected by the City. Developer or their successors
shall pay the standard improvement plan check and inspection fees.
Prior to the approval of final map, Developer or their successors shall include in the
project’s CC&&s a basin maintenance provision indicating that with the exception
of the basin in proposed lot 164, all permanent deteution/retentionlPDES basins
shall he maintained in perpetuity by the Developer or their successors, and/or
Master Homeowner’s Association, and/or individual Homeowner’s Associations.
Developer or their successors shall have the entire drainage system designed, submitted
to and approved by the City Engineer, to ensure that runoff resulting from IO-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are equal
to or less than the runoff from a storm of the same frequency and duration under existing
developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to
determine the detention basin capacities necessary to accomplish the desired results.
Final Map Notes
66. Notes to the following effect shall be placed on the final map as non-mapping data:
A. This subdivision contains a remainder parcel. No building permit shall be
issued for the remainder parcel until it is further subdivided pursuant to the
provisions of Title 20 of the Carlsbad Municipal Code;
B. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad thorn
any action that may arise through any geological failure, ground water seepage
or land subsidence and subsequent damage that may occur on, or adjacent to,
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C.
D.
E.
F.
this subdivision due to its construction, operation or maintenance;
No structure, fence, wall, sign, or other object over 30 inches above the street
grade shall be placed or permitted to encroach within the area identified as a
sight distance corridor in accordance with City Standards and the tentative
map. The underlying property owner, or homeowner’s association shall
maintain this condition;
This project is approved upon the expressed condition that building permits
will not be issued for development of the subject property unless the agency
serving the development has adequate water and sewer capacity available at
the time development is to occur, and that such water and sewer capacity will
continue to be available until time of occupancy;
Mature vegetation within the site line area of all intersections shall be no
greater than 30” in height or have a canopy no less than 8’ in height
above the street grade;
All improvements included in the site development plan (SDP 98-04) are
privately owned and are to be privately maintained with the exception of the
following:
1. Sewer lines within publicly dedicated easements;
2. Water lines within publicly dedicated easements.
Special Conditions
67. The private intersections of Area’s “D, G & H” with Hemingway Drive and
Whitman Way shall have clear 330’ minimum Caltrans corner sight distance sight
lines. These clear sight lines shall be showu on the Laudscape Concept plan
conforming mylar.
68.
69.
70.
71.
The Developer or their successors shall be responsible for all fees, deposits and charges
which will be collected before and/or at the time of issuance of the building permit. The
San Diego County Water Authority capacity charge will be collected at the issuance of
application for any meter installation.
The Developer or their successors shall provide detailed information to the Deputy City
Engineer - Design Division regarding water demand, irrigation demand, fire flow
demand in gallons per minute, and projected sewer flow in million gallons per day.
The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail by Developer or their successors and Deputy City Engineer - Desigu
Division to insure that adequate capacity, pressure and flow demands can be met.
All District pipelines, pump stations, pressure reducing stations and appurtenances for
this project by the District shall be within public right-of-way or within easements
granted to the District or the City of Carlsbad.
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72.
73.
74.
Fire:
15.
76.
77.
Prior to subsequent discretionary approvals, sequentially the developer’s engineer shall
do the following:
A. Meet with the City Fire Marshal and establish the fire protection
requirements;
B. Prepare and submit a colored recycled water use area map and submit this
map to the Planning Department for processing and approval by the
District Engineer;
C. Prior to the preparation of sewer, water and recycled water improvement
plans, the Developer or their successors shall submit preliminary system
layouts to the District Engineer for review, comment and approval.
All potable water and recycled water meters shall be placed within public right-of-way.
No more than 19 homes shall be served on a single potable water distribution pipeline.
For those locations with more than 19 homes, a looped potable water pipeline system
shall be designed and shown on exhibits submitted for subsequent discretionary
approvals.
Prior to the issuance of a building permit, the applicant shall obtain fire department
approval of a Fire Suppression Plan. The plan shall clearly indicate the methods
proposed to mitigate and manage fire risk associated with native vegetation growing
within 60 feet of structures and shall incorporate a combination of building
materials, sufficient structural setbacks from native vegetation and selective
thinning. The plan shall meet the intent of the fire suppression element of the City
of Carlsbad Landscape Guidelines Manual and the Coastal Resource Protection
Overlay Zone.
Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete,
and the condition of all vegetation within 60 feet of structures found to be in conformance
with an approved wildland fuel management plan.
The applicant shall provide a street map which conforms with the following
requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and
at least two existing intersections or streets. The map shall also clearly depict street
centerlines, hydrant locations and street names.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
78. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
79. Developer or their successors shall exercise special care during the construction phase of
this project to prevent offsite siltation. Planting and erosion control shall be provided in
accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the
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80.
81.
Fees
82.
83.
84.
satisfaction of the City Engineer.
Some improvements shown on the tentative parcel map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer or their successors shall immediately initiate negotiations
to acquire such property. The Developer or their successors shall use its best efforts to
effectuate negotiated acquisition. If unsuccessful, Developer or their successors shall
demonstrate to the City Engineer its best efforts, and comply with the requirements of the
Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully
acquire said property by condemnation.
Some improvements shown on the tentative parcel map (Whitman Way) and/or
required by these conditions are located offsite on property which the City owns.
To permit the improvements to be made, acquisition of title or interest in this off-
site property must be obtained by the Developer or their successors. The Developer
or their successors shall immediately initiate negotiations with the City Public
Works Director to acquire said property. The Developer or their successors shall
use its best efforts to effectuate negotiated acquisition.
The Developer or their successors shall pay park-in-lieu fees to the City, prior to the
approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
Developer or their successors shall pay the citywide Public Facilities Fee imposed by
City Council Policy #17, the License Tax on new construction imposed by Carlsbad
Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any
credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer or their
successors shall also pay any applicable Local Facilities Management Plan fee for Zone
8, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General
Plan and shall become void.
The Developer or their successors shall pay a landscape plan check and inspection fee as
required by Section 20.08.050 of the Carlsbad Municipal Code.
Final Map Notes:
85. The Developer or their successors shall provide the following note on the final map of the
subdivision and final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 21.90. The land use designation
for this development is (O-4) dwelling units per non-constrained acre for Planning Areas
“I” and “I” and (8-15) dwelling units per non-constrained acre for Planning Areas “D”, “p, and “H”,
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Parcels l-171 were used to calculate the intensity of development for the entire
subdivision under the General Plan and Chapter 21.90 allowing a total of 568 dwelling
units at the growth control point and an additional 73 units within Planning Areas
“D”, “G”, and “H”. Subsequent redevelopment or resubdivision of any one of these
parcels may not result in a total of more than 640 dwelling units except as provided
by Chapter 21.90 of the Carlsbad Municipal Code.”
General:
86. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein,
87. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
88. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/exactions.
If you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the
following vote, to wit:
AYES: Chairperson SegalI, Commissioners Baker, Compas, Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
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JEF%N. SEGALL& airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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