Loading...
HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5520 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING INTO SEVEN STANDARD SINGLE FAMILY LOTS ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF CARLSBAD VILLAGE DRIVE AND HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: HIGHLAND DRIVE SUBDIVISION CARLSBAD TRACT CT 03-04 TO SUBDIVIDE 2.55 ACRES CASE NO.: CT 03-04 WHEREAS, A & A Development, Inc., “Developer/Owner” has filed a verified application with the City of Carlsbad regarding property described as That portion of Tract 121 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1,1915 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “ I ” dated December 17, 2003, on file in the Planning Department, HIGHLAND DRIVE SUBDIVISION - CT 03-04, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of December, 2003, 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: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES HIGHLAND DRIVE SUBDIVISION - CT 03-04, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinm : 1. 2. 3. 4. 5. 6. 7. 8. 9. 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 single-family subdivision satisfies all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with other applicable City regulations. That the proposed project is compatible with the surrounding hture land uses since surrounding properties are designated for single-family residential development on the General Plan in that the proposed development is similar in lot size and configuration to other properties in the vicinity. 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 will 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 so that 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 habitat, in that no such environmental resources or fish or wildlife exist on the previously developed site. That the discharge of waste fiom 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 PC RES0 NO. 5520 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 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 December 17,2003. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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 provide proof fiom the Carlsbad 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. 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. 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 final map approval or issuance of grading permit, 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. PC RES0 NO. 5520 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 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 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 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 1 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. Developer shall implement, or cause the implementation of, the Project Mitigation Monitoring and Reporting Program. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation and Monitoring Report and SDP 03-08 and is subject to all conditions PC RES0 NO. 5520 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. contained in Planning Commission Resolutions No. 5519 and 5521 for those other approvals incorporated herein by reference. 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 for one inclusionary second dwelling unit on Lot 7, 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 future owners and successors in interest. 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 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The final landscape plan shall include vines adjacent to the block wall along Carlsbad Village Drive and a fencing plan that specifies location and materials of all perimeter noise walls and required fencing along the northern property line that is subject to Planning Director approval. 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. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CURS 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. General Enforcement by the Citv. 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. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots andor 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 PC RES0 NO. 5520 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots andor 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 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 hidher 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 that portion of Lots 1 through 7 south and west of the required noise wall and the retaining wall and landscaping installed on the remainder parcel as shown on Exhibits “H-I”. f. Noise barrier maintenance. The HOA shall be responsible for maintaining the 6’ split face block wall or combination of plexiglass and split face block that surrounds the subdivision to the west and south and is visible to the surrounding streets. No portion of the wall may be removed or replaced with a different material, color or style. 16. 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. PC RES0 NO. 5520 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. 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 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 to provide and deed restrict one second dwelling unit on Lot 7 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 future owners and successors in interest. Developer shall construct the required inclusionary unit 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 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. 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). Future single-family residences on lots created by the subdivision shall be designed to comply with Council Policy 44 - Neighborhood Architectural Design Guidelines as applicable, and the rear elevations facing Carlsbad Village Drive shall be enhanced to the satisfaction of the Planning Director. Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. Enpineerinp: General 25. 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. PC RES0 NO. 5520 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 30. 31. 32. 33. 34. ..I 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 or/and 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. 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. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development, and the restriction shown in the Final Map shall be included in the CC&Rs. Fees/Am-eements PC RES0 NO. 5520 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. 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. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Highland Drive along the subdivision frontage for a half street width of thirty feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water. 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, and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Grading 35. 36. 37. 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. 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. Upon completion of grading, Developer shall file an “as-graded” geologic plan with 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. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24” x 36” mylar or similar drafting film format suitable for a permanent record. Dedications/Improvements 38. 39. 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. 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. 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, water, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. A. Street “A” as shown in the Tentative Map B. Transition improvements only at the intersection of Street C. Public utilities as shown in the Tentative Map. Highland Drive, as directed by the City Engineer. “A” and A list of the above shall be placed on an additional map sheet on the Final It ap 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. PC RES0 NO. 5520 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 42. 43. ... Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Carlsbad Village Drive. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices 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 of 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. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer 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 and the City of Carlsbad. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. PC RES0 NO. 5520 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44. 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 demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to residents and HOA employees education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identifj how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. 45. Prior to building permit, Developer shall install streetlights along all public street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 46. Prior to building permit, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. 47. Prior to building permit, Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. Utilitv Conditions 48. 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. 49. 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. PC RES0 NO. 5520 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. Fees 60. ... ... 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 Authority capacity charae(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. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy . 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. Prior to Final Map approval or issuance of building permits, whichever is first, 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. The Developer shall coordinate with the District Engineer regarding the looped system and easements. 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. PC RES0 NO. 5520 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Final Map Notes 62. 63. 64. 65. 66. 67. 68. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: A. “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 3.2 dwelling units per non-constrained acre. Parcels 156-200-27 and 156-200-12 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 156-200-27 and 156-200-12 under the General Plan and Chapter 21.90 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 project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. Developer shall show on Final Map the net developable acres for each parcel. 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 the following: 1. 2. 3. Street “Ayy as shown in the Tentative Map Transition improvements only at the intersection of Street “A” and Highland Drive, as directed by the City Engineer. Public utilities as shown in the Tentative Map B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. PC RES0 NO. 5520 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. D. - Fire: Geotechnical Caution: The owner of this property o 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. 69. Fire hydrants shall be placed at the property lines between Lots 1 and 2 and 4 and 5. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 70. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 71. 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. 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 PC RES0 NO. 5520 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 17th day of December 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Montgomery, Segall, and White NOES: None ABSENT: Commissioners Whitton and Dominguez ABSTAIN: None ATTEST: MICHAEL J. HO\ZMI&!ER Planning Director PC RES0 NO. 5520 -15-