HomeMy WebLinkAbout2002-10-16; Planning Commission; Resolution 52901
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PLANNING COMMISSION RESOLUTION NO. 5290
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 01-02 TO
SUBDIVIDE 16.95 ACRES INTO 84 SINGLE-FAMILY UNITS
WITHIN CALAVERA HILLS VILLAGE K ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
CARSLBAD VILLAGE DRIVE AND COLLEGE BOULEVARD
IN LOCAL FACILITIES MANAGEMENT ZONE 7.
CASE NAME: CALAVERA HILLS VILLAGE K
CASE NO.: CT 0 1-02
WHEREAS, Calavera Hills 11, LLC, “Developer”/”Owner,” has filed a verified
application with the City of Carlsbad regarding property described as:
Portion of Lots “D” and “J” of the Rancho Agua Hedionda, in
the City of Carlsbad, County of San Diego, State of California,
according to Map 823, filed in the Office of the San Diego
County Recorder on November 16, 1896, also being Lot 5 of
Carlsbad Tract No. 00-02
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “UU” dated October 16, 2002, on file in the Planning
Department CALAVERA HILLS VILLAGE K - CT 01-02 provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th 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, th le Commissio
RECOMMENDS APPROVAL of CALAVERA HILLS VILLAGE K - CT
01-02 based on the following findings and subject to the following conditions:
Findinm:
1.
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7.
8.
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
proposed single family development conforms to the City’s Subdivision Ordinance
and has been designed to comply with other applicable regulations including the
Planned Development Ordinance and the Calavera Hills Master Plan.
That the proposed project is compatible with the surrounding fbture land uses since
surrounding properties are designated for single-family residential, multi-family
residential, and park development on the General Plan, in that the project is an in-fill
development and already bounded by earlier phases of master plan development
and/or major arterial roadways (Carlsbad Village Drive and College Boulevard).
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 complying with all development standards and public facilities
requirements.
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 concurrent with the recordation of the final map the developer shall vacate and
adjust any easements that conflict with the 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 structures are oriented
in various directions, adequate separations will be provided to allow for breezes to
cool the areas, and landscaping will be installed to provide shade and reduce the
temperature of developed areas.
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
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habitat, in that the proposed residential density is within the limits analyzed by the
Environmental Impact Report for the Calavera Hills Phase I1 Master Plan
Amendment (EIR 98-02MP 150(H)), and noise attenuation walls are being provided
along the project frontages with Carlsbad Village Drive and College Boulevard. In
addition, the development of this site implements a 35-acre wildlife corridor
required by the resource agencies and outlined in EIR 98-02.
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 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 Pollutant 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, based on the facts set forth in
the staff report dated October 16,2002 including, but not limited to the following:
The proposed density of 5.0 dwelling units per acre is consistent with the existing
RM General Plan designation;
The project minimizes the number of access points to major and prime arterials by
using Tamarack Avenue frontage for access, rather than taking access off of
Carlsbad Village Drive or College Boulevard;
The project includes a noise study with recommendations to reduce the traffic noise
impacts from Carlsbad Village Drive and College Boulevard to 60 dBA CNEL;
The project provides a mixture of architectural styles, contributing to the diversity
of housing within the master plan and City; and
The project will provide emergency water systems and all-weather access roads
throughout construction.
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 the Local
Facilities Management Plan for Zone 7 identifies the maximum residential yield on
the Village K site as 88 units (84 proposed) and all facilities within the zone are
planned to accommodate this maximum amount of dwelling units.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 7 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,
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13.
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B.
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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 by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit unless already credited by
park dedication.
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 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.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 7.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 grading permit
or final map for this project/map, whichever occurs first.
1. 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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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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 indemnify, 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.
Developer shall submit to Planning Department a reproducible 24” x 36,” mylar copy
of the Tentative Map and Site Plan reflecting the conditions approved by the final
decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 7 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. A note to this effect
shall be placed on the Final Map.
This approval is granted subject to the approval of PUD 01-05 and is subject to all
conditions contained in Planning Commission Resolution No. 5291 for that other
approval.
The 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. The Developer 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.
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.
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13. The 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 City. 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
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
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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.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibits “N” - “S”, dated October 16,2002.
F. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
“K” -“M”, dated October 16,2002.
The Developer 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 be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the
project.
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 7, 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.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities, unless a construction phasing plan is submitted to and
approved by the Planning Director prior to final map or grading permit, whichever
occurs first.
The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
Prior to the issuance of the grading permit or final map, whichever occurs first,
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, notifjmg all
interested parties and successors in interest that the City of Carlsbad has issued a(n)
Tentative Tract Map and PUD Permit by Resolutions No. 5290 and 5291 on the real
property owned by the Developer. 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.
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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 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.
The 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, future
and existing schools, parks and streets.
The 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).
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
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
Open Space Lots 91 and 92, which constitute the 34-acre wildlife corridor through
Village K in compliance with the Calavera Hills Master Plan and Certified EIR 98-
02, shall be dedicated to a third party environmental manager with a conservation
easement dedicated to the City of Carlsbad concurrent with final map approval, to
the satisfaction of the Planning Director.
The rear elevations for the units on Lots 16-30, shall receive additional architectural
enhancements as part of building permit issuance, to the satisfaction of the Planning
Director.
Enpineering:
General
26. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
The final map for the Master Tentative Map CT 00-02 shall be recorded prior to the
recordation of the Final Map for this Tentative Map.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. A statement shall be included in the Final Map (see Final
Map Notes) and in the CC&Rs.
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
Building permits for this project will not be issued beyond the cumulative traffic
generation of 2500 ADT by building permits issued for all Calavera Hills Phase I1
projects if the roadway improvements connecting College Boulevard from Carlsbad
Village Drive southerly to El Camino Real have not been completed. Additional
permits may be allowed subject to approval of the City Engineer based on
substantial completion of the required roadway improvements. A note to this effect
shall be included in the Final Map.
FeedAgreements
34. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
35. 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.
36. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the tentative map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
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B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
37. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
38. 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. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
39. 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. 38. 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.
Dedications/ImDrovements
40. 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 offer 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.
Streets that already public are not required to be rededicated.
41. 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.
42. 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 and the following improvements including, but not limited to
paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic
control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer,
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water, fire hydrants, street lights, retaining walls and reclaimed water), to City Standards
to the satisfaction of the City Engineer.
Streets C6A”, 6cB”, c‘C”, and “D”.
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.
43. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting Tamarack Avenue.
44. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan
(SWMP).” The SWMP shall be in compliance with the NPDES permit requirements
and provisions as established by the San Diego Region of the California Regional
Water Quality Control Board and the City of Carlsbad. The SWMP shall address
measures to reduce to the maximum extent possible storm water pollutant runoff at
both construction and post-construction stages of the project. The SWMP shall:
1. Identify construction activity and post-development on-site pollutants of
concern.
2. Recommend structural and non-structural Best Management Practices (BMPs)
to remove said pollutants.
3. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee and resident education on
the proper procedures for handling clean up and disposal of pollutants.
4. Ensure long-term maintenance of all post construction BMPs in perpetuity.
5. Incorporate measures to ensure development runoff rates and velocities from the
site are not increased as a result of the project.
Additionally, concurrent with the SWMP, 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
California Water Resources Control Board.
45. Prior to occupancy, Developer shall install street lights along all public and private street
frontages abutting and/or within the subdivision boundary in conformance with City of
Carlsbad Standards.
46. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
subdivision in conformance with City of Carlsbad Standards.
47. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the subdivision in conformance with City of Carlsbad Standards.
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Utility Conditions
48.
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Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants shall be considered
public improvements and shall be served by public water mains to the satisfaction of the
District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authoritv capacity charne(s) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the Deputy City Engineer -
Utilities.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and recycled water services and meters at
locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at locations approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
Prior to issuance of building permits the entire potable water, recycled water, and sewer
system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow
demands can be met to the satisfaction of the District Engineer.
Final MaD Notes
57. Developer shall show on Final Map the net developable acres for each parcel.
58. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of Streets “A”, “B”, “C”, and “D”.
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B.
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Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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.
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 corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition.
No structure, fence, wall, tree, shrub, sign, or other object may be placed or
permitted to encroach within the area identified as the Caltrans intersection
sight distance corridor in accordance with City Standard Public Street-
Design Criteria, Section 8.B.3. The underlying property owner shall maintain
this condition.
Fire Department:
59. All building permit applications for units adjacent to native open space/preserve
areas shall be reviewed and approved to the satisfaction of the Fire Marshal.
60. The Developer shall submit for Fire Marshal review and approval a 400 scale mylar
showing the location of all proposed fire hydrants.
Code Reminders:
61. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
62. 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.
63. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
64. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
65. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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66.
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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 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 shall immediately initiate negotiations
to acquire such property. The Developer shall use its best efforts to effectuate
negotiated acquisition. If unsuccessful, 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 notify 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
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 feedexactions
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.
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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 16th day of October, 2002, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman,
Trigas, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
n
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HXZMUER
Planning Director
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