HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55201
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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:
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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
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-
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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.
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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
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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
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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.
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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-
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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 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.
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Grading
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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
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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.
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41.
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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.
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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.
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Fees
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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.
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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
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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:
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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.
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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
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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
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