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HomeMy WebLinkAbout1986-11-04; City Council; 8723-3; Brook Olsen ProjectC.: r-JF CARLSBAD - AGEIW-JILL ! b Lh AB# r723--* TITLE: I’- DEPT. HD&t&- MT& 11/4/86 GRANTING APPROVAL OF TENTATIVE - PARCEL MAP MS-730(A) (BROOK OLSEN) CITY ATT&& DEPT. ENG CITY lWGR.ii@& RECOMMENDED ACTION: Adopt Resolution No. m7Q approving the Tentative Parcel Map MS-730(A) and Planned Unit Development 255. I ITT34 EXPLANATION On August 19, 1986 City Council adopted Resolution No. 8761 granting the appeal from the City Engineer’s approval and denying Minor Subdivision No. 730 and PUD-255 on the Olsen property. The reasons for denying the project were as follows: 1. The subdivision as proposed did not meet the 15,000 square foot per lot requirement of the underlying zone. 2. The proposed two-story development would extend at least nine feet above the street grade and would not adequately preserve the view of the Lagoon as required by the Aqua Hedionda Local Coastal Program. The project was denied without prejudice to allow the developer an opportunity to reapply with a project that met all City requirements. Council further requested that any resubmittal be brought forward for their considerat ion. The applicant has negotiated a deal with an adjacent land owner to acquire an additional 400 square feet of property in order that all three proposed lots will meet the 15,000 square footage requirement. This figure represents gross square footage prior to dedication of public streets and is consistent with zoning regulations regarding computation of lot sizes. A condition has been attached which will require the applicant to process an adjustment plat through the City prior to approval of the final parcel map on the project. The applicant is proposing to build a split level house on one of the three lots at this time. The roof elevation of the proposed residence will be level with the elevation of Adams Street. Staff is recommending that the remaining two lots be conditioned such that the roof line of any dwelling built on the lots will not exceed the elevation of Adams Street. A note reflecting this condition would be placed on the final parcel map for this subdivision. I If Council concurs, staff recommends the minor subdivision be approved subject to the conditions contained within the attached resolution of approval. -- Page 2 of Agenda Bill No, 8723 -e PUBLIC FACILITY ADEQUACY STATUS I I Traffic Impact Fee Bridge & Thoroughfare District Development Zone Phasing Program Density of this Project Growth Initiative Control Point Density Required Not required 1 - 2.9. 3.2 FISCAL IMPACT This project is estimated to generate sewer connection fees of $3,000; park-in-lieu fees of $2,358.00; traffic impact fees of $1,800.00; and public facilities fees, the amount of which will be determined at time of building permit application. EXHIBITS 1. Locat ion Map. 2. Plat of Project. 3. Resolution No. 8761 granting the appeal from the City Engineer’s approval and denying Minor Subdivision 730 and PUD-255 dated August 19, 1986. 4. Resolution No. 8870 approving the Tentative Parcel Map MS-730(A) and Planned Unit Development 255. 5. Memorandum dated October 29, 1986, from the Planning Director re Land Use Information - Snug Harbor Area. a -- ?OCATION MAP ’ PROJECT NAME- _-.-. .- ~_ _ MINOR ~UBD!VJSlOh/ 730 A - . -- --- 1 ___ . . 3 I / PLii OF ‘II PROS&T J I Gm*w NET rqros fJ.R ; I Gms qoos S.E I-7 Wr ‘2,690 S.F, 6yk ,- “g,. 1. /yj 1 m------------e I_-- -----m----w 3 . I c.- -I a’ ‘c LOT 4 ‘4077 S.F. . . t-i 125’ ---.. J “$ I. P ‘h\ VI&INKY MAP N.T.S. PROJECT NAME MlNoRm SLBDWloN~.jr~~~ 4 6 7 81 9 ii 10 II 11 /I 12 2 !! 2 13 19 ji 2011 21 ‘/ 22' 23 24 (/ 25 /I 26 ‘/ 27 I I’ 28 /i !! RESOLUTION NO. 8761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE CITY ENGINEER'S APPROVAL AND DENYING MINOR SUBDIVISION 730 AND PUD-225 ON PROPERTY GENERALLY LOCATED AT ADAMS AND HOOVER SI'REETS. APPLICANT: OLSEN CASE NO. : MS-730/PUD-225 WHEREAS, a verified application for minor subdivision and planned unit development on certain property to wit: Approximately one acre located at the northwest corner of Adams and Hoover Streets has been filed with the City of Carlsbad, and referred to the City Engineer: and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, the City Engineer did on June 26, 1986 approve the request for MS-730/PUD-225; and WHEREAS, the decision of the City Engineer has been appealed to the City Council: and WHEREAS, on August 5 and August 12, 1986 the City Council of the City of Carlsbad held a duly noticed public hearing as proscribed by law to consider said appeal and at said hearing after consideration of all of the evidence, testimony and argument of those persons present and desiring to be heard the City Council determined to grant the appeal and deny Minor Subdivision 730 and Planned Unit Development 225, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. Ii 1 2 3 4 5 6 7 8 9 10 '11 12 2 5 s" 13 $2 % g-i$f 14 5 & 15 li:3z i&z 16 20-y 55 a c 5 17 5 18 19 20 21 22 23 24 25 26 27 28 -- 2. That based on the evidence presented at the public hearing the City Council grants the appeal and denies Minor Subdivision 730 and Planned Unit Development 225 without prejudice based on the following findings and conclusions: Findings and conclusions: 1. The property which is the subject of this application is 44,430 square feet of gross area and is zoned R-1-15,000 which requires a minimum of 15,000 square feet for each lot. The proposed development contemplates three lots. 2. The planned unit development provisions of the Carlsbad Municipal Code require all such projects to comply with the density of the underlying zone. In the R-1-15,000 zone the minimum property area required for a three lot subdivision or a three lot planned unit development is 45,000 square feet. 3. The property is located between a public street and the Aqua Hedionda Lagoon, an extremely sensitive environmental area. The proposed two story developments which will extend at least nine feet above the street grade will not adequately preserve the views of the Lagoon as required by the Aqua Hedionda Local Coastal Proqram and are not consistent with the purposes, intent and design requirements of a planned unit development because they do not adequately take into account the sensitive nature the site or preserve the views. 4. Because this project is not in compliance with the zoning ordinance and does not satisfy the requirements for a planned unit development it must be denied. 3. This action of denial is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes 2. of -- 1 2 3 4 5 6 7 .8 9 10 11 12 0 s I? Q 13 c$% 8 g-i;2 14 ,'*,w B z$;? 15 Ii '-I" l-2". 52 ss 16 0a2g 20 SE E! a > 5 17 19 20 21 22 23 24 25 26 27 28 final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlshad, California, held on the 19th day of August I 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin and Pettine NOES: None ABSENT: None ATTEFI': ALETHA L. RAUTENKRANZ, City Clejrk 3. -- OCTOBER 29, 1986 TO: CITY COUNCIL FROM: Planning Director LAND USE INFORMATION - SNUG HARBOR AREA On August 19, 1986 when the City Council denied Minor Subdivision 730 and PUD-255 on the Brook Olsen property, the Council requested information regarding the existing and future land use in the Snug Harbor Area. MS-730 and PUD-255 have been redesigned and are scheduled for reconsideration at your meeting of November 4, 1986. Therefore, the following land use information is being provided at this time. Existing Situation There are 27 existing individual parcels in the Snug Harbor area generally located between I-5 and the Bristol Cove area all on the south side of Harrison and Adams Street (refer to attached map). Most of these properties have frontage on Agua Hedionda Lagoon. All of the properties are presently vacant or undeveloped (one new home is under construction midway between Highland Drive and Bristol Cove). The zoning of these parcels consist of three designations. The parcels occupied by the existing boat launching facilities and the two parcels upon which the old Maison Du Lac Restaurant is located are zoned R-T which permits tourist oriented type uses (a total of approximately 4 acres). The area immediately surrounding the existing boat launching facilities (approximately 4.17 acres) is zoned RDM (Multi-Family - 4-8 dwelling units per acre). All of the remaining parcels (18 lots) are zoned R-1-15,000. Potential Development The parcels presently zoned R-T could be developed with tourist- oriented commercial uses although the Agua Hedionda Plan requires the existing boat launching facilities to only be used for boat launching or similar uses unless an amendment to the Plan is approved. Potentially, the portion of the area surrounding the boat launching facilities which is zoned RDM and consists of several parcels totaling approximately 4 acres could be developed with condominiums or multi-family units totaling from 16 to 32 units. All of the remaining lots in the area can only be developed with single family homes. Again, there are presently 18 individual parcels in the area on the south side of Adams zoned R-1-15. Many of these lots are large enough, however, to be further subdivided. Based upon the existing size of the R-l lots and their width, staff's best estimate is that approximately 45 single family lots could potentially be created in the area from Snug Harbor to the Bristol Cove area. It should be emphasized that this number is based upon minimum lot area and zoning standards and does not take into consideration topographical or access constraints. Requirements of the Agua Hedionda Land Use Plan The following are policies taken from the Agua Hedionda Land Use Plan specifically relating to this area: V The Hedionda Point area between the Hoover Street extension and Whitey's Landing shall be designated RLM (O-4 units per acre). V The boat launching facilities at Snug Harbor shall be designated for continued recreational-commercial use. No other recreational commercial use shall be permitted without a formal amendment of the Land Use Plan. V Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be installed at the locations indicated on Exhibit I (attached). V Pedestrian accessways shall be located as shown on Exhibit J (attached). V Park Avenue, Adams Avenue and Carlsbad Boulevard are designated as scenic roadways. Development adjacent to these roads shall maintain a minimum 20 foot landscaped buffer between the street and parking areas. Required landscaped setbacks may include sidewalks and bikeways, but shall not include parking areas. Parking areas shall be screened from the street utilizing vegetation, tree forms, and berms, as appropriate. V Special vista points and viewing areas shall be preserved, and made available to the public, as indicated on Exhibit K (attached). V Development located adjacent to scenic roadways, or located between the road and shoreline, shall be regulated as follows: a) Where a significant elevation difference (e.g., 35 feet) exists between the shoreline and the first parallel public road, as in the case of Hedionda Point and Snug Harbor, no portion of a structure in the intervening area shall be permitted to exceed the elevation of the roadway. b) Where no significant elevation differences exist between the shoreline and the first parallel public road, permitted development in the intervening area shall provide a view corridor, of a width equivalent to at least one-third of the road frontage of the parcel, which shall be kept free of all structures and free of landscaping which at maturity would rise above a reasonable viewline from vehicles passing on the public road. -2- ,3- d d) On all property adjoining the shoreline, permitted development shall be designed to "step down" in height, to avoid casting shadows on shoreline areas and to produce a perceived transition from open space areas to developed areas; and Any development proposed to be located on or near a significant landform (e.g, Hedionda Point) shall be designed so as to minimize disturbance of natural landforms, and shall be developed in a manner that assures its compatibility and harmony with the natural landform through use of such architectural techniques as terraced or pole foundations and variation of roof lines to complement the topography. V Park Drive, Adams Avenue, Carlsbad Boulevard and El Camino Real have been designated as potential scenic roadways in the Carlsbad General Plan. These roads will be subject to special landscape provisions and design criteria. Respectfully Submitted, NICHAEL J. HOLZMILLER Planning Director MJH/arb Attachment -3- BO AT LAUNCH . .AREA AGUA HEDIONDA !/I I--J4J LAGOON’ :‘//I I i 1 / ’ 8 (I : A ‘, \I \ ! \ *., ‘,\, \ \ ,~~ 1 \ \ \ \ b R-T ZONE q RD-M ZONE T Bristol Cove Area /7 i 9, . :r i "'1, , '.. ' , '\ \; ", --... E 7 %.,i i \ Ir /' = I j \a I 01 a 0 ml a Q z ,o n UJ I: a 1 c!J a - . * . . h- IP ,T\ I : i-4 g, I & i = I i \s I 91 ,. \., ,_. ,.. o.cGo C.! I 2: .%YC ..P..- L 0 -I a n z 0 n W s a 1 (3 a a. c) -I a ALL RECEIVED 1E;rnrJk & Kat.hy ClXri;en 3710 Sierra Moreria czar 1 ribad Ca Y ‘321:mfi hkwc+JxtJ er 4 y I. %x3 Car-l. skiad Ci ty COl.iKiC:~. I RE:: MS 730 (a? Mayor and Memt~ers; af the City Ci:,t.tnri X y (-“Is ycm can sex?, I have c:cjml~l. i.~d with the direction of the cowic:i 1 wi th regards ti3 tht”? <i-;Ip..tZii-‘E+ SOiIitaLjE? Gf the 1 KitEi and the hei girt with reqarcls; tc3 the t-tigh point of #Adams Street. A f t E+b-’ t ZI 1 I.:: :i. i7 (2 W i t h iiiE!iiikI E!r 5 i:l f t.hE+ kKi:iUf?(Zi 1 and the residents al. C)I?J &dams Stv-ex?t, it SWEVTIS t.halz al 1 parti es c:cmcerned wcjuld l:trefer tU hifIVe %.hE? arE!AS’ 5t.ipE!i?t5 remai 17 rLirE(l s W i t. l-3 t h i 5 i n m i. n d y I would request that. Item 8, A $4 B an page t.WCb 3i-iiIl It.@iii 25 a-i page 4 of the Resal.~~t:i~~-~ i3+ Terms and Ckiridi ti i3i35 be drr:q3ped, i3r at t.he very im5t f have a +ut.ure unbai?ded impravement. agreemerit De a r~quir~ment uf t.he street. :i 13 p k- ci v e 171 e rJ t r a t. I‘i e r t, PI a I-I havinij ta pcit Lip bi3rid5 SiX i filpr-cjVeiitent.~i; that neither t.h<G CC~L.\UC~I. i’iC3r residents wish to c;ee I bJ i t. I7 t”’ e iJ ~3 r d Ei t: I:) T t E! iii EI CI i3f thE+ sC317tE? re~5ol. i.rti Gri 3 erigi i-reef-i rig i 5 r e qt.r i r i 1-i cj 3, st: c7r m d r t? i r? c:r CESS i. r? g at kifam~ Strhxt an t.hE? i7art.h and i:)f tit<? prilpert.y. Thi 5 st.C:)f’in drain t.aL:es 11 itt.le i:K I”iC3 N&t.E!~ generated c?j. t.he?r from m’” arcxirid ml, prc:q.W-t.y. The I.4 at e r f is r wh i. c:h the c:rc)55iriq i 5 tjei nq i iXpri3ved wi 11 be gi33erzitGXl i rt i t.s enti i-et.y frrsm t.1-1~ prcqerty di rec:t:J. y atjnve (-idain;s Street. cm property not. yet devel ap~+cl s I feel ,t:hat the C:: I’- C> Ci $j j, r) J at. Cida~x. Street should he thei t- respunsibi 1 it.y at: t h E+ t i iTi i3 % h e i r d F? ve 1 c) 13 me i’i t: t.Z~l~:i2!5 p1 Eir:e 2% t.he riewl )i' i:i3ri5t.rl.kc:t.ed xrc355ii t-13 WC:ILI 1. d 1’1 G t: IrJ e used l.iri I: i 1 that tif?lJS. l:f t h :i. s; c:: <31-i d i t, i on JTil-t.ist. r ema i r-1 y J: wo~~ld alst:, reqtxszt. “chat. it he al. 1 owed ta tie condj. ti oned with an unhanded f itture improvement a<.)reemerJt. II Fe5pert.i vel. y sLil3mi tt~" 't /$Gy+y ($$%$iLQ r EroaC:: Cll. i5er’i 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 RESOLUTION NO. 8870 --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A TENTATIVE PARCEL MAP AND PLANNED UNIT DEVELOPMENT GENERALLY LOCATED ON THE NORTHWEST CORNER OF ADAMS STKEET AND HOOVER STREET. APPLICANT: BROOKS OLSEN CASE NO.: MS 730(A)/PUD-255 -- WHEREAS, the City Council of the City of Carlsbad, on October 21, 1986 held a public meeting to consider the recommendations to approve Tentative Parcel Map MS-730(A) and Planned Unit Development PUD-255; and WHEREAS, said Tentative Parcel Map and Planned Unit Development project ion has been declared to be exempt from environmental review according to Sect 15305.070(11)(4~.) of the California Environmental Quality Act; NOW, THEREFORE, l3E IT RESOLVED by the City Council of the City Carlsbad, California, as follows: A. That the above recitations are true and correct. of 8. That Tentative Parcel Map MS-730(A) and Planned Unit Development PUD- 255, together with the provisions for their design and improvement and subject to the conditions of this Resolution, are consistent with all applicable General and Specific Plans of the City of Carlsbad. c. That Minor Subdivision MS-730(A) and Planned Unit Development PUD-255 are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. All required fire hydrants, water mains, and appurtenances shall be operational prior to combustible building materials being located on the project site. 2. Additional public and on-site fire hydrants shall be required subject to the approval of the Fire Marshal 1. 3. All required fees and deposits shall be paid prior to final parcel map recordat ion. 4. The tentative parcel map approval shall expire two (2) years from 1 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I I 2o 1 21 22: I 23 I I 24 1 II 25 ji 261 27 28 j the date of the letter containing the final decision for tentative map approval. 5. This approval is expressly conditioned on the payment by the Applicant of the Public Facilities Fee as required by the City Council Policy No. 17, dated February 23, 1982, and effective April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the Applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. 6. The Applicant may request a review of the conditions in writing within ten (IO) days of the date of this approval. 7. The applicant 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. 8. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engiileer. Prior to approval of the parcel map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: a. Half street plus IO’ of Hoover Street to cul-de-sac standards; and b. Storm drain inlet on Adams Street to the City Engineer’s satisfaction. 9. Bonds for the design and improvements of half of Adams Street shall be posted for a period of one year. This time shall be used by the City to determine if a “Rural Street” standard and designation of Adams Street is approved. If Adams Street is designated a Rural Street, the developer shall improve half street width of Adams Street to those standards. IO. Improvements listed above shall be constructed within 12 months of approval of the secured improvement agreement. 11. Hoover Street shall be dedicated by the developer along the subdivision frontage based on a centerline to right-of-way width of 28 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The offer shall be made by a Certificate on the Parcel Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 12. Adams Street shall be dedicated by the developer along the subdivision frontage based on a centerline to right-of-way width -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 II 20 21 22 23 24 25 26 1 27 28 of 30 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The offer shall be made by a CertiFicate on the Parcel Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 13. The developer shall dedicate a sight distance easement at the southwest corner of Adams and Hoover to the satisfaction of the City Engineer. 14. The developer shall offer for dedication, on the Parcel Map, a 10’ wide drainage easement along the westerly property line. All land so offered shall be free and clear of all liens and encombrances and without cost to the City. 15. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer capacity is available at the time of application for such permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 16. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 17. The grading for this project is defined as “controlled grading” by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspect ion and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 18. No grading shall occur outside the limits of the subdivision/project unless a letter of permission is obtained from the owners of the affected properties. 19. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 20. All slopes within this project shall be no steeper than 2:1. 21. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 22. Addit ional drainage easements and drainage structures shall be provided or installed as may be required. 23. The owner of the subject property shall execute a hold harmless -3- - 1 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 I 23 II 24 ! 25 j) 26' 27 28 24. 25. 26. 27. 20. 29. agreement regarding drainage across the adjacent property prior to approval of the final map/any grading or building permit for this j project, The developer shall construct private street accesses to public i streets in such a way as to clearly designate that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend, “PRIVATE STREET BEYOND THIS POINT”, at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a . normally sighted person at a distance provisions of this condition shall be met to the City Engineer prior to issuance of a Cert i for any portion of this project. of 20 feet. The the satisfaction of ficate of Occupancy The developer shall install street lights along all frontages in conformance with City of Carlsbad Standards. public The developer shall install a wheelchair ramp at the pub1 corner abutting the subdivision in conformance with Carlsbad Standards prior to occupancy of any buildings. icstreet City of The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map/issuance of any grading or building permit for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspect ion fees shall be paid prior to approval of the final map/issuance of any building or grading permit for this project. All plans, speci f icat ions, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: “DECLARATION OF RESPONSIBLE CHARGE” I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specificat ions by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. -4- 23 24 25 26 27 / 28 /// (Name, Address and Telephone of Engineering firm) Firm: --- Address : - City, St.: -- - Telephone: BY Date: -- (Name of Engineer) R.C.E. NO. # -- 30. Prior to recordation of any final map for this development/ approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the Tentative Map/site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. 31. The ,developer shall comply with the conditions of the Land Use Plan of the Aqua Hedionda Local Coastal Program Segment, especially with respect to the visual resources policy. 32. The developer shall obtain approval of this project from the Coastal Commission prior to parcel map approval. 33. A 20’ X 20’ access easement shall be offered for dedication along Hoover Street within Lot 4. All land so offered shall be free and clear of all encumbrances and without cost to the City. 34. This project is also approved under the express condition that the applicant pay the additional public facilities fee adopted by the City Council on April 22, 1986, and any development fees established by the City Council pursuant to Ordinance No. 9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan to fulfil1 the subdivider’s agreement to pay the public facilities fee dated March 31, 1986, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project shall be void. 35. Prior to parcel map recordation an Adjustment Plat with Certificate of Compliance must be recorded creating a minimum of 45,000 gross square feet for the entiree subdivision. Each lot shall contain 15,000 square feet gross area. 36. The cross fall on the private drive section shall be a constant 2% from one side of the street to the other to the City Engineer’s satisfaction. A 4’ concrete gutter concept is specifically not approved. -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 37. 38. 39. 40. 41. 42. 43. 44. The Developer shall pay an interim Traffic Impact Fee to be collected at the time of building permit issuance per City of Carlsbad Ordinance No. 8660. Approval is granted for PUD-255 as shown on Exhibits “A” and Wrc dated September 11, 1986, on file in the Engineering Department and incorporated herein by reference. A copy of the final planned development site plan, incorporating all conditions of approval, shall be submitted to and approved by the Planning Director prior to final map approval of 6-730(A). The developer shall obtain the necessary easement to provide for the south half of the driveway as shown on the tentative map. The owners of each half shall record reciprocal access and utility easements in a form acceptable to the City Engineer prior to recordation of the final map. Unless otherwise stated herein, this planned development project shall comply with all applicable City ordinances and requirements. The applicant shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. PUD-255 is approved based on the agreement between the applicant and the Coastal Commission. The roof line of any dwelling unit constructed on these parcels shall not exceed the crown line height of Adams Street adjacent to the respective lot. A note to this effect shall be placed on the final map. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of November , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and P NOES: None ABSENT : None -- ATTEST: CLAUDE A. LEWIS, Mayor Pro-Tern (SEAL) -6- 1200 ELM AVENUE CARLSBAD, CA 92006-1969 office of the City Clerk Citp of &arl$fiab November 19, 1986 Brook & Kathy Olsen 3910 Sierra Morena Carlsbad, CA 92008 Enclosed for your records, please find a copy of the following Resolution 8870 , adopted by the Carlsbad City Council on November 12, 1986 . &UT&~ City Clerk TELEPHONE (619) 4385535 LR:lw Enclsoure ( 5