HomeMy WebLinkAbout2002-10-02; Planning Commission; Resolution 52831
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PLANNING COMMISSION RESOLUTION NO. 5283
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 33.7 ACRES INTO 87 LOTS ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF RANCHO
SANTA FE ROAD EXTENDING FROM AN AREA NORTH OF
CADENCIA STREET SOUTH TO THE SDG&E EASEMENT IN
LOCAL FACILITIES MANAGEMENT ZONE 11
CASE NAME: VILLAGES OF LA COSTA - OAKS
CASE NO.: CT 02-02
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
APPROVAL OF CARLSBAD TRACT NUMBER CT 02-02 TO
SOUTH NEIGHBORHOODS 3.10 & 3.1 1
Being a subdivision of Lots 171 and 172 of City of Carlsbad
Tract CT 99-04-01, Villages of La Costa - La Costa Oaks
South, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 14379 filed in the
Office of the San Diego County Recorder on April 29,2002
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “N” dated October 2, 2002, on file in the Planning
Department VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 &
3.11, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of October 2002,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
SOUTH NEIGHBORHOODS 3.10 & 3.11, - CT 02-02, based on the following
findings and subject to the following conditions:
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS
Findinm:
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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, 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 lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable City
regulations including the Villages of La Costa Master Plan.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single-family residential development or as
open space on the General Plan, in that they are designated as RLM (Low-Medium
Density Residential) or OS (Open Space).
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations including the Villages of La Costa Master Plan.
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 prior to recordation of the final map the developer will vacate and adjust any
easements that conflict with proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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 the proposed
development will consist of single-family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
residential units.
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
PC RES0 NO. 5283 -2-
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9.
10.
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habitat, in that the proposed development is not within a preserve area of the Habitat
Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan which was evaluated in
Final Program EIR 98-07.
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 designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, Villages of La Costa Master
Plan based on the facts set forth in the staff report dated October 2, 2002 including, but
not limited to the following:
a.
b.
C.
d.
e.
f.
Land Use -The project is consistent with the City’s General Plan since the
proposed density is within the density range of 0-4 du/acre specified for the
site as indicated on the Land Use Element of the General Plan, and is at or
below the growth control point of 3.2 du/acre as well as not exceeding the
number of units permitted by the Villages of La Costa Master Plan.
Housing - The project is consistent with the Housing Element of the
General Plan, the Inclusionary Housing Ordinance, and the Villages of
La Costa Master Plan as the developer is required to construct affordable
housing units consistent with the Initial Affordable Housing Agreement
approved for the Villages of La Costa. The Greens Affordable
Apartment Project has been approved and units in that project will
satisfy the inclusionary housing requirements for this project.
Open Space and Conservation - The Open Space Preserve Areas are
identified in the Habitat Conservation Plan, certified Final EIR 98-07,
and master plan. The project will not impact the designated open space
and will provide master plan trails and connections to the adjacent
neighborhoods as identified in the master plan.
Noise - A project specific noise study prepared for the tentative map
identified an area requiring a 6-foot high noise wall which is shown on the
project plans in conformance with the recommendations of the noise
study.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
Circulation - The circulation system is designed to provide adequate
access to the proposed lots and complies with all applicable City design
standards and the Villages of La Costa Master Plan.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 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
PC RES0 NO. 5283 -3-
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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 provide proof from the Encinitas
Unified and San Dieguito Unified School District that the project has
satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit or be satisfied
by the use of existing parkland credits in addition to the dedication of
land for the future Alga Norte Park Site.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
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 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
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
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 11 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
The project's potential environmental impacts were fully examined, mitigated and
evaluated within the scope of the Villages of La Costa Final Program EIR (98-07)
previously certified and approved on October 23, 2001 along with the adopted
Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of
Overriding Considerations fully satisfying all applicable CEQA requirements for
the proposed project.
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.
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Conditions:
PC RES0 NO. 5283
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the Final Map or issuance of a grading permit, whichever occurs first.
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 modi@ 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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations 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 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.
Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
Developer 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.
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Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities for the permits being issued.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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. Notes: A note to this
effect shall be placed on the Final Map.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures 4.4-22A, 4.4-22C, 4.4-23, 4.4-29, 4.4-30, 4.7-1, 4.7-5, 4.7-7, 4.7-9, 4.7-13,
4.7-14, 4.7-15,4.8-1A, 4.8-1B, 4.9-1,4.9-2,4.9-3,4.9-4,4.10-7,4.10-8,4.10-9,4.10-10,
4.10-11, 4.10-12, 4.11-2, 4.11-6A, 4.11-6B, 4.11-6C, 4.11-7, 4.11-8, 4.11-9, 4.11-10,
4.12-6,4.12-9,4.12-10,4.12-11, and 4.13-8.
This approval is granted subject to the approval of PUD 02-01 and is subject to all
conditions contained in Planning Commission Resolutions No. 5284 for those other
approvals.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City as required
by the “Initial Affordable Housing Agreement Imposing Restriction on Real
Property” between the City of Carlsbad and Real Estate Collateral Management
Company to provide and deed restrict the required 15 percent of the total dwelling
units as affordable to lower-income households for 55 years, in accordance with the
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The
draft Affordable Housing Agreement shall be submitted to the Planning Director no later
than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all fkture owners and successors in interest.
Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
Developer 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. Developer shall construct and install all landscaping as
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shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
15. 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.
16. Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer 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.
b.
C.
d.
General Enforcement by 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.
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.
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
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17.
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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 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 hreclosure 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.
e. LandscaDe Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in the project Exhibits.
Developer 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 #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall submit a street name list consistent with the City’s street name policy
subject to the Planning Director’s approval prior to final map approval.
Prior to the issuance of the grading permit or recordation of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map by Resolution No. 5283 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
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
shall disclose to hture 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.
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21.
22.
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Developer 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, hture and
existing schools, parks and streets.
Developer 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.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer 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
#1 on file in the Planning Department).
Removal of native vegetation and development of Open Space Lots 82-87, 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 revegetation program, landscape plan, etc.) as shown on Exhibit "A" - "N", 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 arboristhotanist 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.
Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative
map within Open Space Lot 85. If the City of Carlsbad accepts dedication of the trail
easement, the trail shall be constructed as apublic trail and will be the maintenance and
liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept
dedication of the trail easement, the trail shall still be constructed but it shall be
constructed as aprivate trail and shall be the maintenance and liability responsibility of
the (i.e. Master Homeowners Association).
Any signs proposed for this development shall at a minimum be designed in conformance
with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
Enpineerinp Conditions:
General
27. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
28. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
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recorded document, for maintaining the HOA open space lots, private easements, and all
the private improvements including, but not limited to: sidewalks, landscaping, and
storm drain facilities. Developer shall distribute the costs of such maintenance in an
equitable manner among the owners of the properties within the subdivision.
29. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
FeedAgreements
30. Developer 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
31.
32.
33.
34.
35.
A grading permit for this project is required. Prior to recordation of the final map
Developer shall design, secure, and obtain grading plan approval from the City
Engineer. Developer shall apply for and obtain a grading permit from the City Engineer
prior to the issuance of any building permits for the project.
Prior to the issuance of the first building permit rough grading of the entire
subdivision shall be complete.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval fi-om, the City Engineer
for the proposed haul route.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board,
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer 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 is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer 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.
DedicationsLImprovements
36. Future access on Avenida Maravilla may be restricted to right-idright-out turning
movements from Camino Junipero. If at such time as Camino Junipero is extended
to the east and reconstructed to major arterial standards, or if determined to be
necessary to safely accommodate turning movements, a raised median will be
constructed along Camino Junipero eliminating left-inheft-out turning movements.
Developer shall execute and record a City standard Development Improvement
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37.
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Agreement to design and install and secure, with appropriate security as provided
by law, a median to be located at the intersection of Camino Junipero and Avenida
Maravilla. The Development Improvement Agreement shall remain in force and
effect and shall terminate in five years from the date of the final occupancy granted
in either Neighborhood 3.10 or 3.11. Notification of potential turning restrictions
shall be included in the projects' CC&R's.
Developer shall execute and record a City standard Development Improvement
Agreement to design and install and secure, with appropriate security as provided
by law, a traffic signal to be located at the intersection of Camino Junipero and
Camino CerezdCorte Romero. The Development Improvement Agreement shall
remain in force and effect and shall terminate in five years from the date of the final
occupancy granted in either Neighborhood 3.10 or 3.11. The signal shall be
installed at such time the City Engineer determines that said signal is necessary.
The developer shall make an irrevocable offer of dedication to the City for any
additional right-of-way necessary to locate, operate and maintain this signal. The
offer of dedication shall be made by a certificate on the final map and all land so
offered shall be free and clear of all liens and encumbrances and without cost to the
City.
Developer 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. The offers shall be made by a certificate on the final map. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Prior to filing of a final map, Developer shall execute and record a City standard
Subdivision Improvement Agreement to install and secure with appropriate security as
provided by law, public improvements shown on the Tentative Map.
Prior to recordation of a final map the Developer shall construct or provide for the
construction of Rancho Santa Fe Road between La Costa Avenue and Melrose Drive
to the satisfaction of the City Engineer.
Prior to issuance of any building permits the following improvements shall be
completed to the satisfaction of the City Engineer.
A. As shown on the Tentative Map for CT 99-04 offsite water, sewer and storm
drain systems necessary to support the development of these neighborhoods
shall be completed. Required onsite improvements shall be as directed by
the City Engineer.
B. The downstream detention basin and storm drain infrastructure as shown on
the Tentative Map for CT 99-04.
C. Camino Junipero shall be complete from the intersection with Rancho Santa
Fe Road to the southerly boundary of Neighborhood 3.11.
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43.
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A list of the above 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 listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Developer shall execute and record a City standard Basin Maintenance Agreement prior
to the approval of grading, building permit or final map, whichever occurs first for this
Project. Basins to be maintained include those onsite as well as downstream basin
within lot 180 of the master Map, Map No. 14379.
Prior to occupancy of any units within the subdivision the installation of a right turn
lane from southbound El Camino Real to westbound La Costa Avenue, as shown on
DWG 397-1H, shall be completed unless deferred by the City Engineer.
Prior to the issuance of grading permit or building permit, whichever occurs first, the
applicant shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board. The SWPPP shall address measures to reduce to the maximum extent possible
storm water pollutant runoff at both construction and post-construction phases of the
project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter said
3) 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.
pollutants.
4) Ensure long-term maintenance of all post construct BMPs in perpetuity.
Prior to issuance of any building permits, Developer shall install street lights along all
public street frontages abutting andor within the subdivision boundary in conformance
with City of Carlsbad Standards.
Final Mall Notes
47. Developer shall show on Final Map the net developable acres for each parcel.
48. Notes to the following effects shall be placed on the map as non-mapping data
A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
B. Geotechnical Caution: 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 from 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, this subdivision due to its construction, operation or maintenance.
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C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
Olivenhain MuniciDal Water District:
49. No improvements or landscaping shall be installed within the boundaries of the
proposed pipeline easements without first obtaining an encroachment permit from
the District.
Code Reminders:
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Developer 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 unless determined to be
satisfied through compliance with the provisions of the 1996 Parks Agreement.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer 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 satisfaction
of the City Engineer.
Some improvements shown on the tentative 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 shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessfid,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notifj and enable the
City to successfully acquire said property by condemnation.
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 date of approval to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
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66020(a), and file 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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of October 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO-MI~~ER
Planning Director
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