HomeMy WebLinkAbout1993-08-10; City Council; 12358; Extend Tentative Map Arroyo La CostaREQUEST FOR AN
EXTENSION OF TIME FOR THE TENTATIVE
Adopt Resolution No. $!.?-a34 approving a one-year extension of time for the tentative
map for Carlsbad Tract 88-3, Arroyo La Costa, subject to certain conditions.
ITEM EXPLANATION:
Fieldstone La Costa has requested an extension of time for Carlsbad Tract 88-3, Arroyo
La Costa, a 1076 single-family unit project. The project is located in Local Facilities
Management Plan (LFMP) Zone 12, north and south of Calle Barcelona, between
El Camino Real and Ranch0 Santa Fe Road.
The tentative map was originally approved on July 31, 1990, in accordance with City
Council Resolution No. 90-258. Currently, the final map cannot record until a guaranteed
funding source is secured for the facilities specified in LFMP Zone 12. As stated in the
applicant’s tentative map extension request letter, the extension of time is to resolve
remaining issues related to infrastructure financing. Staff concurs with the applicant that
finalizing infrastructure financing is delaying the process for obtaining a final map.
Therefore, staff is recommending that the requested tentative map extension be granted.
The applicant has executed an Agreement for Waiver of Prohibitions Against the Imposition
of Conditions which is on file in the City Clerk’s Cffice. The original conditions of approval
of Planning Commission Resolution No. 3032 and City Council Resolution No. 90-258 are
still applicable to the project; however, Engineering Condition No.‘s 80d and Planning
Condition No. 10 have been revised as follows:
Revised Condition No. 10 This condition states that the applicant shall pay a
Public Facilities Fee (PFF).
Revised Condition No. 80d. This condition involves modifying the required
improvements to El Camino Real along the project
frontage.
To stay in conformance with the General Plan, current City Ordinances and Standards,
eight (8) new conditions have been added to the project, as included in the resolution for
this tentative map extension. A summary explanation of these new conditions is as follows:
Condition A This condition holds the City harmless against any
potential claim brought against the City.
Page 2 of Agenda Bill No. /2! 3s 8
Conditions B & C & D These conditions state that the applicant shall comply
with the requirements of the National Pollutant
Discharge Elimination Systems Permit.
Conditions E & F These two conditions state that the applicant shall
pay all current fees and deposits including a one-time
special development tax.
Condition G This condition states that sight distance corridors
shall be maintained throughout the project.
Condition H This condition involves meeting requirements
regarding the California Gnatcatcher.
FISCAL IMPACT:
No detailed economic analysis of this development was conducted. While increased
operating expenses related to this development can be expected, these increases should
be offset by increased tax/fee revenues; however, an exact percentage of offset was not
calculated.
GROWTH MANAGEMENT STATUS
Facilities Zone 12
Local Facilities Management Plan 12
Growth Control Point 3.2, 6
Special Facilities C.F.D. No. 1
EXHIBITS:
1. Location map.
2. Resolution No. ci3- $3 6 approving a one-year extension of time for the tentative
map for Carlsbad Tract 88-3, Arroyo La Costa, subject to certain conditions.
3. Letter requesting extension.
4. City Council Resolution No. 90-258, Planning Commission Resolution No. 3032.
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LOCATION MAP
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OLIVEN HAIN RD.
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+ + + - + + + + J + t + + + + + + + + + + + + -+++++++ fl . + + + + + •t + + + + + + + + t + + + + - + + + + + + + 2 + + + + + + + +++++++.... + + + + + + + - + + + + + + + + + + + + + + t + + + + + + t + + + + + + + + + + + + + + + 1 4/ +++++++++++ +++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + ,&/ +
+ + + + + t + + + +
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tt+tt+tttt++t+ttt + + + + + + + + t t t + t t t + + + + + + + + + t + t t + + t t + + + + + + + +
LOC*T’ON: CT 88-03, ARROYO LA COSTA EXHIBIT
TENTATIVE MAP EXTENSION 1
RESOLUTION NO. 93-236
A RESOLUTION OF THE CllY COUNCIL OF THE CR-Y OF CARLSBAD,
CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE
MAP NO. CT 88-3, ARROYO LA COSTA, SUBJECT TO CERTAIN
CONDlTlONS
WHEREAS, the Planning Commission of the City of Carlsbad on June 20, 1990, adopted
Resolution No. 3032; and
WHEREAS, the City Council of the City of Carlsbad on July 31,1990, adopted Resolution
No. 90-258 approving with conditions Tentative Map No. CT 88-3; and .
WHEREAS, the applicant is diligently pursuing those acts required to obtain a final map;
and
WHEREAS, the project can be found to be in conformance with the General Plan, current
City ordinances, and current City policies with the imposition of additional conditions; and
WHEREAS, the applicant has consented to the imposition of such conditions and has
agreed to comply with them: and
WHEREAS, the City Council previously considered the potential environmental impacts
associated with the development of this project (CT 88-3) and certified EIR 86-2 as to compliance
with CEQA and the environmental policies and ordinances of the City; and ’
WHEREAS, both the applicant and the City wish to extend the map subject to and relying
upon the additional conditions.
NOW, THEREFORE, BE lT RESOLVED by the Cii Council of the Cii of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That with additional conditions contained herein, the design and improvements of the
subdivision are consistent with the General Plan, Titles 20 and 21 of the City of Carlsbad
Municipal Code, and any public facility or development policies in existence at this time.
3. That Tentative Map No. CT 88-3 is hereby extended for one year until July 31, 1994,
EXHIBIT 2
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subject to all of the conditions contained in Planning Commission Resolution No. 3032, and City
Council Resolution No. 90-258 previously adopted on June 30, 1990, and July 31, 1990,
respectively, as the conditions of approval for this project and attached hereto and the following
revised/additional conditions:
Revised Conditions of Plannina Commission Resolution No. 3032
10. This project is also approved under the express condition that the applicant pay
the Public Facilities Fee adopted by the City Council on July 2, 1991 and as
amended from time to time, and any development fees established by the City
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system of facilities and
improvement plan and to fulfil1 the subdivider’s agreement to pay the Public
Facilities Fee dated June 4, 1993, a copy of which is on file wlth the City Clerk
and is incorporated by this reference. lf the fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
8Od. El Camino Real shall be improved to a half-street width of 63 feet from Olivenhain
Road to Levante Street, with the following exception:
South of the intersections with Calle Barcelona and Levante Street, El
Camino Real shall be modified to include a 1 foot widening of the No. 3
northbound lane/bicycle lane by relocating the curbline easterly, thereby
decreasing the parkway area by 1 foot for a transitional distance to the
satisfaction of the City Engineer.
Additional Conditions
A.
B.
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The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or
its agents, officers, or employees to attack, set aside, void or null an approval of
the City, the Planning Commission or City Engineer which has been brought
against the City within the time period provided by Section 66499.37 of the
Subdivision Map Act.
The applicant shall comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
m’anagement practices to reduce surface pollutants to an acceptable level prior
to discharge to sensitive areas. Plans for such improvements shall be approved
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C. The following statements shall be included in the CC&R’s:
0.
E.
F.
G.
H.
by the City Engineer prior to approval of the final map, issuance of grading or
building permit, whichever occurs first.
i.
ii.
. . . III.
iv.
An ongoing program to remove dirt, litter, and other debris from the
surface of private streets and common recreational areas by means of
street sweeping and other means shall be established and enforced.
The homeowner‘s association shall coordinate the use of the City’s
established program to assist residents with the removal and proper
disposal of toxic and hazardous waste products.
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.
Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Prior to any construction that includes clearing, grading or excavation that results
in soil disturbance of five acres or more, the property owner shall file a Notice of
Intention (NOI) with the California State Water Quality Control Board (CSWQCB)
and pay the appropriate fee for a storm water permit.
Prior to final map approval, the applicant shall pay all current fees and deposits
required.
The following note shall be placed on the Final Map. “Prior to issuance of a
building permit for any buildable lot within the subdivision, the property owner
shall pay a one-time special development tax in accordance with the City Council
Resolution No. 91-39”.
The subdivider shall provide for sight distance corridors at all street intersections
In accordance with Engineering Standards and shall record in the CC&R’s the
statement: “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 a sight distance corridor on the final map. The underlying
property owner shall maintain this condition”.
Prior to issuance of a grading permit which would impact any sensitive resources,
the applicant/developer shall be required:
i. To consult with the U.S. Fish & Wildlife Service (WS) regarding the impact
of the project on the Coastal California Gnatcatcher, and;
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ii. Be issued any permits required by the FWS.
4. That the Agreement for Waiver of Prohibition Against the Imposition of Conditions
upon the Approval of an Extension of a Tentative Subdivision Map between Fieldstone La Costa
and the City of Carlsbad signed by Fieldstone La Costa, June 4, 1993, on file in the office of the
City Clerk is approved, and the Mayor is authorized to execute said agreement on behalf of the
City. That this extension is approved in reliance upon said agreement. Any legal challenge to
or failure to perform said agreement or the conditions of this resolution shall render this approval
void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 1Othday of AUGUST , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaqrd, Finnila
NOES: None
ABSENT: None
Al-TEST:
ALETHA L. RAUTEN ww
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AGREEMENT FOR WAIVER OF PitOEIBITION AGAINBT THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVB SUBDIVISION MAP
This Agreement is made this 11th day of AUGUST I
19 93 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and FIELDSTONE/LA COSTA ASSOCIATES
LIMITED PARTNERSHIP, a California Limited Partnershiahereinafter
called l'Subdividerl').
RECITALS
1. Government Code Section 66452.6(e) and Carlsbad Municipal Code
Sections 20.12.110 and 20.24.180 permit Subdividers to request
and City to approve, conditionally approve or deny extensions
of time for the expiration of tentative maps or tentative
parcel maps (hereinafter collectively called "Tentative
Subdivision Maps").
2. El Patio v. W, 110 Cal. App. 3d
915, modified 111 Cal. App. 3d 788 (1980) indicates that the
Government Code (Subdivision Map Act) may not authorize City
to impose new conditions; i.e., those which were not imposed
on the tentative subdivision map, upon the extension of time
for expiration of a tentative subdivision map, but also held
that the City does have discretion to approve or deny such
extensions.
3. Government Code Section 66452.6(d) and Carlsbad Municipal Code
Section 20.12.100(d) and 20.24.160 provide that expiration of
a tentative subdivision map shall terminate all proceedings
Agre!emmtsUC-39.Fm 1 7m91
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and that no final map or parcel map for any property covered
by the tentative subdivision map shall be filed without first
processing a new tentative subdivision map.
4. Subdivider has requested City to approve the extension of time
fo.r Tentative Subdivision Map No. CT 88-3
which was initially approved on September 4, 1990 .
5. Since the approval of said Tentative Subdivision Map, City has
conducted studies which show that the construction of certain
drainage facilities or thoroughfares
and provide for the health, welfare,
present and future residents of City,
reside in said subdivision.
are essential to protect
and safety of all of the
including those who will
6. Since the approval of said Tentative Subdivision Map, City has
adopted a major drainage fee or major thoroughfare fee or both
to provide the funds to construct the necessary drainage
facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City has
conducted studies which show the need to establish a public
facilities fee in order to provide for public facilities to
protect the public health, safety and welfare of the present
and future residents of City and to ensure that public
facilities to serve the development will be available
concurrent with need as required by City's General Plan.
Developer agrees to pay said fees and has executed a contract
which is on file with the City Clerk to that effect.
a. Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforementioned fees,
Agr-tsw-39.m 2 7/3/91
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City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees.
9. Since the initial approval of said Tentative Subdivision Map
there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Map to protect the public health, safety
and welfare, to mitigate affects on the environment or to
ensure consistency of the extended map with the City's General
Plan and Municipal Code.
10 City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivision Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the public
health, safety or welfare, or the environment or ensure
consistency with the General Plan or Municipal Code.
11. Without such voluntary consent of Subdivider to the imposition
of conditions City may be required to deny Subdivider's
request for extension to ensure that the public health, safety
and welfare, or the environment are protected or that the
General Plan or Municipal Code requirements are satisfied.
Approval of the extension of said Tentative Subdivision Map
without assurances that the fees mentioned above would be paid
for said subdivision would be contrary to the best interests
of the City and would threaten the City's ability to protect
and provide for the public health, safety and welfare.
Subdivider agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency
Agrssmentsw-~.Flm 3 7m91
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with the General Plan or Municipal Code by the imposition of
conditions on the extension of tentative subdivision maps.
12. Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map. Subdivider would then be required to incur substantial
costs and time delays in processing a new tentative
subdivision map approval of which would be subject to new
conditions necessary to ensure consistency of the tentative
subdivision map with the Subdivision Map Act, the California
Environmental Quality Act, Titles 19, 20 and 21 of the
Carlsbad Municipal Code, the City's General Plan and to
protect the public health, safety and welfare.
13. City has reviewed the Subdivider's request for an extension of
time for said tentative subdivision map and finds that
granting the request subject to certain conditions will not be
contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual covenants set forth herein, City and Subdivider agree as
follows:
1. City agrees to extend Subdivider's Tentative Subdivision
Map for one year subject to whatever new or revised conditions the
City in its sole discretion deem appropriate.
2. Subdivider knowingly and voluntarily waives any and all
right to the unconditioned extension of Tentative Subdivision Map
No. CT 88-3 .
3. Subdivider knowing and voluntarily consents to the
imposition of a condition of approval of the extension of Tentative
Subdivision Map No. CT 88-3 which requires
AgreementslAG-39.m 4 7m91
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payment of any fees which may be in effect at the time of approval
of the final subdivision map for said subdivision or any portion
thereof and to the following additional conditions:
A. This approval is expressly conditioned on the payment by
the applicant of a public facilities fee as required by
City Council Policy No. 17, issued and effective on April
22, 1986, 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.
B. This approval is expressly conditioned upon the
subdivider's compliance with any growth management system
in effect at the time the final map is filed. Subdivider
shall also pay or agree to pay (as decided by the City
Council) all fees identified by the City Council as
necessary to pay for the cost of providing facilities and
improvements which are imposed pursuant to the growth
management system or any other applicable laws.
4. The provisions of Carlsbad Municipal Code Section
20.12.110 and 20.24.180, as appropriate, shall govern extension of
the map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative
subdivision map for a .minor subdivision, the appeal of the City
Engineer's approval, or conditional approval, of the extension by
any party shall void this agreement unless the agreement is
subsequently approved by the City Council.
AgreementslAG-3gP.Fg14 5 7m91
6. Any action by Subdivider to challenge the legality of
this agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the extension shall
void the approval of such extension. The map shall not final and
the development shall not proceed until a new tentative subdivision
map has been approved.
SUBDIVIDER FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership BY: THE FIELDSTONE COMPANY A q;alifornia Corporation
General Partner'
CITY OF CARLSBAD, a municipal
BY: . ;- ',
APPROVED AS TO FORM:
/ ROtiALD R. BALL City Attorney
Notarial acknowledgement of execution by subdivider must be attached. Affix corporate seal if appropriate.
Agr-tsw-39.Flm 6 7/3/91
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ALL PURPOSE ACKNOWLEDGEMENT
CAPACITY CLAIMED BY
SIGNER
on b-4-93 & NoLt4 &bl;t 0 INDIVIDUAL(S)
DATE NAME, TITLE DF OFFICER, E.G. JANE Dd. NOTARY wdc
h.LL 544&a&
Ia EKsYE~
personally appeared , N4MElSI DF SIGNERIS) 0 PARTNER(S)
u.0
0 ATTORNEY-IN-FACT
personally known to me - OR - 0 proved to me on the basis of satisfactory 0 TRUSTEE(S) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and 0 SUBSCRIBING WITNESS
acknowledged to me that he/she/they executed 0 GUARDIAN/CONSERVATOR
the same in his/her/their authorized 0 OTHER:
capacity(ies1, and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal. SIGNER IS REPRESENTING: M4ME OF PERSDNW OR EhlITYllES~
7bc f;ic1(Jh l!JmpJy
h SIGNATURE OF NOTARY P, (Ik..M&l!b-qid
ATTWTION NOfANr: AJtlw& ttn inbmwtion rawntd b&w ia OPllONM it could pmwnt h- att- of tth wrtificat* to -id hamutt.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Numbei of Pages Date of Document
TO THE DOCUMENT Signer(s) Other Than Named Above
DESCRIBED AT RIGHT:
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FIELDSTONE ?*.LACOSTA 0
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May 20, 1993 --
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Mr. Lloyd B. Hubbs City Engineer City of Carl&ad ,
2075 Las Palmas Drive Carlsbad, California 92009 -_ .-a : -
ke: Arrovo La Costa - CT 88-3 Reauest for Extension
&&p;;.;. i . ,.. .,‘.;‘:‘Eq
Dear Mr. Hubbs:
This letter requests an extension of CT 88-3 for an additional time of three (3) years. An extension is necessary to resolve remaining issues related to infrastructure financing which are conditions of this map and as required by the LFMP for Zone 12. Because all approvals forthis project (PWD 88-4, HDP88-8, SUP 89-3 and SUP 90- 8) incorporated the tentative map approvals by reference, we presume an extension of the map would automatically extend those permits as well.
As you are aware, Phases 1 and 2 of this project have received department approval as to the final maps, including landscape plans, and have either been signed or are in the process of being signed by all necessary parties.
The City Code permits extensions beyond one (1) year due to circumstances surrounding the scope of the project, expenditures made to date and any effect of the extension on the community.
This map contains 1,074 residential units and received discretionary review of 2-plus years prior to public hearings in 1990. Since 1990, expenditures in excess of $10,000,000 have been incurred in furtherance of meeting the map conditions and preparation and review of the final drawings. It is our belief that this project has responded to any and all concerns expressed by the surrounding community and an extension for three years would not create any detrimental impacts to the neighborhood.
Ownership of the property has not changed and therefore no title policies are included with this request. We are, however, providing 5 copies of the project's conditions of approval and 5 copies of the approved tentative map, together with our check in the amount of $16,500 which is the required processing fee.
P.O. Bo\ YOOO-166 + C~rl\hud. C.-\ YNIX +6lY-0.71~8717 + FAX 6lY-Y:l-1946 EXHIBIT 3
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Mr. Lloyd B. Hubbs City of-Carlsbad
May 20, 1993 Page 2 -
As you know, we've recently discussed some modifications to various map conditions. We would like to discuss with appropriate City staff the possibility of using the map extension process to finalize those modifications. Doug Avis will be calling to arrange a meeting with you and Michael Holzmiller to discuss how that might be accomplished.
Sincerely,
MIKE STEWART
MS:jb
Enclosure
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Code, the Planning Commission did, on May 16 and June 6, 1990,
RESOLUTION NO. 90-258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR 1,076 SINGLE FAMILY DWELLINGS ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO ' REAL, NORTH OF OLIVENHAIN ROAD, AND WEST OF RANCH0 SANTA FE ROAD. CASE NO: CT 88-3 APPLICANT: ARROYO LA COSTA
WHEREAS, pursuant to the provisions of the Municipal
hold duly noticed public hearings as prescribed by law to
consider said request; and
WHEREAS, at said public hearings, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning
Commission Resolution No. 3032, on file with the City Clerk and
incorporated herein by reference constitute the findings of the
City Council in this matter except as amended by the addition
of the following conditions, are hereby approved.
Planning Commission Resolution No. 3032 shall be amended by the
addition of the following conditions:
Conditions:
1. Prior to the recordation of the first final map, the applicant shall enter into a third party agreement with the City to contract with an environmental consultant, paid by the applicant, to provide a monitoring program for the mitigation measures required by the tentative map and environmental impact report. The program shall include specific monitoring activities, a reporting system, and criteria for evaluating the success of the mitigation measures. EXHIBIT 4
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Planning Commission Resolution No. 3032, Condition No. 55 shall be amended to read:
55. During the construction of this project, no construction equipment, fill dirt, or any other materials shall be stored on any permanent natural open space area as designated by the Arroyo La Costa Master Plan.
Planning Commission Resolution No. 3032, Condition No. 64 shall be amended to read:
64. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and without cost to the City, Streets that are already public are not required to be rededicated.
Planning Commission Resolution No. 3032, Condition No. 46.c.(3)(e)(3) shall be amended to read:
46.c.(3)(e)(3) Village E, lot 508 - Open Space, Lot 509 - 1 story, Lot 1114 (from Open Space) - 2 story
Planning Commission Resolution No. 3032 shall be further amended by the addition of the following conditions:
93.
94.
9s.
96.
Prior to approval of the final map for Phase I, the applicant shall redesign the streets and lots within Unit 1 to prOVid8 a right turn in right turn out connection onto Olivenhain Road from prOpOS8d Street "Au to the satisfaction of the City Engineer and Planning Director.
Prior to approval of the final map for PhaS8 I, El Bosgue Avenue shall be redesigned to the satisfaction of the City
Engineer and Fire Marshal to provide for the installation
of an 8leCtrOniCally operated emergency access gate. Consideration shall be given to installing the gate along the eastern right-of-way of street ~lFF~~ and construction of a temporary turnaround adjacent to Lots 52 and 53 for westbound vehicles Unable to pass through the gate.
Prior to approval of .th8 final map for Phase III, the project shall be redesigned to provide for an 8lectronically operated emergency access gate to Corte Carolina along the southerly right-of-way of prOpOS8d Street ~~N-N" to th8 satisfaction of the City Engineer and Fir8 Marshal.
The developer shall enter into secured agreements for the
installation and removal of th8 electronic gates at El
Bosgue AV8nUe and Corte Carolina to the satisfaction of the City Engineer and City Attorney pursuant to the
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requirements of the master plan and these conditions of
approval.
97. Upon completion of the Calle Barcelona improvements from El Camino Real to Ranch0 Santa Fe Road to full Secondary
arterial standards, the emergency access gates installed at the project boundaries at Corte Carolina and El Bosque Avenue are to be removed and the road opened for full public access. Prior to removal of the gates and opening
the road the City Council shall hold a duly noticed public hearing to take public comments on the issue and consider whether to extend the closure, to make the closure permanent or to take any action deemed appropriate by the City Council.
98. Within 180 days from the date of the Arroyo La Costa Tentative Map approval, (the effective date of this resolution), a financial guarantee acceptable to the City Council for construction of Ranch0 Santa Fe Road improvements must be provided by the Developer. Unless the guarantee is approved by the City Council within the 180 day period, all processing on the Arroyo La .Costa
Final Map will cease until such time as it is approved.
The time limit may be extended at the discretion of the
City Council.
99. Olivenhain Road shall be improved to a four lane interim
roadway from El Camino Real to Ranch0 Santa Fe Road
including any necessary offsite transition. The
developer/owner may be eligible for partial reimbursement
from adjacent property owners. A reimbursement agreement
must b8 approved by the City prior to approval of the
final map for this phase.
100. Exhibit U-U shall be amended to show placement of the solid village wall on the south side of proposed Street N- N, which is existing Calle Barcelona and hereafter called Call8 Barcelona, next to Santa Fe Ridge, as follows:
1. The wall on the east side of Corte Carolina shall be
placed within the public right-of-way of Calle
Barcelona and Carte Carolina, or on private property
if applicable. The wall shall be extended from Call8
Barcelona south along Corte Carolina to a point approximately one-half of the side lot distance of 2920 Via Ipanema.
2. For those portions of the wall along Call8 Barcelona and located west of torte Carolina, different
conditions shall apply along the adjacent homes of Santa Fe Ridge:
a. 2912 Corte Jardin: the wall shall be entirely
within the public right-of-way of Calle
Barcelona and Carte Carolina; the wall shall be extended from Calle Barcelona south along Corte
3
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Carolina to a point approximately one-half of
the side lot distance of 2912 Carte Jardin. b. 2910 Corte Jardin: the wall shall be located both within the public right-of-way and on 2910
.- Carte Jardin.
C. 2908 Corte Jardin: the wall shall be located entirely on 2908 Corte Jardin.
d. 2906 Corte Jardin: the wail shall be located entirely on 2906 Carte Jardin. The wall shall further extend southwest to the property line between 2906 Corte Jardin and 2904 Carte Jardin at the discretion of the owner of 2906 Corte Jardin. '
All portions of the wall within the public right-of-way are subject to the applicant obtaining a right-of-way encroachment permit from the City. Prior to constructing any portion of the wall within private property, the
applicant and the property owner must enter into an
agreement providing for the wall's construction and
maintenance. All structural maintenance shall be the
responsibility of the Arroyo La Costa Homeowners@ Association. All other maintenance, for example, periodic
painting, shall be shared, with the Arroyo La Costa Homeowners' Association maintaining those portions of the wall facing Arroyo La Costa, and individual Santa Fe Ridge property owners agreeing with the City and maintaining those portions of the wall facing their properties. Final
plans for all wall construction are subject to approval of
the Planning Director.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
4th day of September I 1990, by the following vote;
to wit:
AYES: Council dembers Lewis, Larson and Mamaux
NOES: Council Member Pettine
ABSENT:
ATTEST:
A-t% ALETHA L. RAUTENKRANZ, City $lerk
(SEAL)
.
PLANNING COMMISSION RESOLUTION NO. 3032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A TENTATIVE - .- _ TRACT MAP FOR 1,076 SINGLE FAMILY DWELLINGS ON PROPERTY
GENERALLY LOCATED EAST OF EL CAMINO REAL, NORTH OF
OLIVENHAIN ROAD, AND WEST OF RANCH0 SANTA FE ROAD IN THE PC ZONE AND IN LFMP ZONE 12.
CASE NAME: ARROYO LA COSTA . . 3 N
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WHEREAS, a verified application for certain property to wit:
Those portions of lots 3, 4, 9 and 10 of Ranch0 Las Encinitas, in
the City of CarIsbad, County of San Diego, State of Cahfomia, per
map No. 848, filed in the office of the County Recorder of said
county on June 27, 1898 known as Assessors Parcel No.‘s 255OlO- 09, 18 & 19, 255-022-01, 255-030-09, 10 & 11, 255-031-24 & 25,
.255-041-14.
has been fiIed with the City of CarIsbad and referred to the PIanning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the CarIsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of May, 1990, and on
the 6th day of June, 1990, hold a duly noticed public hearing as prescriied by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering ail testimony and
arguments, if any, of alI persons desiring to be heard, said Commission considered ail factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PIanning Commission as
foIIows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of Cl’ 88-3, based on the foIlowing findings and subject to the folIowing
conditions:
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Findings:
1. The project is consistent with the City’s General Plan since the proposed density of 2.52
d&acre is within the density range of 4.61 dus/acre specified for the site as indicated
on the Land Use Element of the General Plan and is at or below the growth control point
of points of 3.26.
2. 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.
3. The Planning Commission has, by inclusion of an appropriate condition to this project,
ensured that the finaI map will not be approved unless the City Council finds that sewer
service is available to seme the project. In addition, the Planning Commission has added
a condition that a note shall be placed on the final map that building permits may not be
issued for the project unless the City Engineer determines that sewer service is available,
and building cannot occur within the project unless sewer service remains available, and
the Planning Commission is satisfied that the requirements of the Public Facilities Element
of the General Plan have been met insofar as they apply to sewer service for this project.
The San Dieguito Union High School District has written a letter, dated January 3,1990,
stating that school facilities will be available to this project.
The Encinitas Union School District has written a letter, dated April 6, 1988, stating that
school facilities will be available to this project.
All necessary public improvements have been provided or will be required as conditions
of approval.
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PC RESO NO. 3032 -2-
The applicant has agreed and is required by the inclusion of an appropriate condition to
pay a public facilities fee. Performance of that contract and payment of the fee will
enable this body to find that public facilities will be available concurrent with need as
required by the General Plan
Assurances have been given that adequate sewer for the project will be provided by the
Leucadia County Water District.
The proposed project is consistent with the City’s Planned Development Ordinance and
also complies with the Design Guidelines Manual.
The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single family residential development on the
General Plan
The applicant is by condition, required to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
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requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This-project is consistent with the City’s Growth Management Ordinance as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan as amended for Zone 12.
An EIR was prepared for this project and has been recommended for certification by the
Planning Commission. The EIR (EIR 86-2) identified a number of potentially significant
impacts created by this project and possible mitigation measures to reduce these impacts
to a level of insignificance. These mitigation measures have been incorporated into the
zoning for the property (MP 88-I) and the project has either been revised or conditioned
to reduce alI impacts to a level of insignificance.
The intent of alI mitigation measures proposed in EIR 86-2 are contained in this
Resolution by way of either specific conditions of approval or in Attachment A which
contains mitigation measures that have been modified to: conform to City Policies; or,
expanded to more adequately mitigate the impact; or, tied to a specific phase of
construction so that they could be more easily monitored. Application of these measures
mitigates all identified impacts to a level of insignificance.
Planning Conditions
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6.
Approval is granted for CT 88-3, as shown on Exhibit(s) “A” - “CCCC, dated May 16,
1990, incorporated by reference and on file in the Planning Department. Development
shaIl occur substantially as shown unless otherwise noted in these conditions.
Approval of CT 85-6 and PUD 80 are hereby revoked in their entirety and superseded by
approval of this resolution.
Development of this project shall comply with all rules, regulations, standards and
requirements as contained in the Arroyo La Costa Master Plan, (MP 88-l), all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at time of
building permit issuance.
Approval of CT 88-3 is contingent upon approval of a Supplement to the 1988 Parks
Agreement between the City of Carlsbad and BCE Development dated March 3, 1988.
pdorro~~ofthcfintfinalmap,allappropriatcttxt~~byrevised
conditions approved by the Planning Co mmissionandCifyGxmcilshallkattachedt0
theMaSterPhiIlatarLerrataSht?&
The developer shall provide the City with a reprodua’blc 24” I( 36”, mylar copy of the
tentative map and site plans as approved by the Planning Commission. The tentative map
and site plans shall reflect the conditions of approval by the City. The map plan copies
shall be submitted to the City Engineer prior to issuance of building permits or
PC RESO NO.3032 -3-
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IS.
improvement plan submittal, whichever occurs first.
A 500 scale map of the subdivision shall be submitted to the Planning Director prior to
the recordation of each final map. Said map shall show all lots and streets within and
adracent to the project.
This project is approved upon the express condition that any final map shah not be
approved unless the City Council finds as of the time of such approval that sewer service
is available to serve the subdivision.
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 facilities are available at the time of application for such sewer permits and will
continue to be available until time of occupancy. This note shah be placed on alI final
maps.
This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28, 1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 21.96
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdividers
agreement to pay the public facilities fee dated January 16, 1989, 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 Generai PIan and approval for this project will
be void.
The applicant shall provide school fees to the San Dieguito High School District as part
of building pennit application. These fees shah be based on the fee schedule in effect at
the tune of building permit application. The applicant is obligated under an agreement
with the Encinitas Unified School District, dated February 26, 1974 for the dedication of
school sites in lieu of payment of fees which provides mechanisms for completing these
requirements. ’
Water shall be provided by the Olivenhain Municipal Water District.
This project shall comply with all conditions and mitigation measures which may be
required as part of the Zone 12 Local Facilities Management Plan and any amendments
made to that Plan prior to the issuance of building permits.
Prior to the recordation of any final map, a comprehensive financing plan for ah
improvements required by the Local Facilities Management Plan, as amended, for Zone 12
shall be submitted and approved by the City CounciL
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
65913.5. If any such condition is determined to be invalid this approval shall be invalid
PC PESO NO. 3032 4
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unless the City Council determines that the project without the condition complies with
all requirements of law.
Approval of this request shah not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
Approval of CT 88-3 is granted subject to the approval of MP 88-1, GPA/LU 88-1, MP
149(O), ZC 88-3, PUD 88-4, HDP 88-8, SDP 89-11, SUP 89-3, SUP 90-8, and EIR 86-Z.
Prior to or coILcuITent withtherecordationofthe&stEnalmap,theapplicantshall
present assurance acceptable to the Planning Director that a Master Homeowners
Association will be established and made applicable to the lirst phase of development
The Master Homeowners Association shall allow for the annexation of the entire Arroyo
La Costa Master Plan as subsequent phases are developed. The Master Homeowners
Association shall provide for representation from all planning areas which become annexed
to the Master Association as the project is developed. Member of the Master Association
shall be required to pay a reasonable share of its assessments asapprovedbythe
California Department of Real Estate. The Applicant shall prepare declaration(s) of
restrictions (“CCXRs”) which control the p&ate uses, design, and mainte!nance for each
area of the Master Plan prior to the development of such area. Owners of homes may be
members of one or more subassociations. The juxisdkkn of each suhassocktion shall be
generally determined by the Applicant based on geographic proximity and simikities in
housing type, maintenance requirements and other similar co- The CC&Rs for the
Master Association shall be approved by the City Attorney and Planning Directoq the City
shall not participate as a meinbez of the Architectural Review Board. No revisions which
weakenordiminishtherightsoftheCityshallbemadetothc~fortheMaster
Association without the prior w&ten consent of the Planning Director.
The applicant shall submit a street name list consistent with the City’s street name pobcy
subject to the Planning Director’s approval prior to first final map approval.
An exterior lighting plan including parking areas shall be submitted for Planning Director
approval. All lighting shall be designed to reflect downward and shall minimize impacts
on adjacent homes or to the extent feasible.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading
pelmits.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
All landscape plans shall be prepared to conform with the Landscape Guidelines Manual
and submitted per the Landscape plan check procedures on file in the Planning
Department.
PC FESO NO. 3032 -5
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24. Landscape plans shah be designed to minimiz e water use. Lawn and other zone I plants
(see Landscape Guidelines Manual) shah be limited to areas of special visual ~po~~ce
or high use. Mulches shah be used and irrigation equipment and design shall promote
water conservation. -.
25. The ‘developer shah avoid trees that have invasive root systems, produce excessive litter
and/or are too large relative to the lot sire. Planter’width shall be a minimum of four
(4) feet, not including curb, footings and/or other paving, and parking overhang.
26. Prior to final occupancy of each village, a letter from a California licensed landscape
architect shall be submitted to the Planning Director certifying that all landscaping has
been installed as shown on the approved landscape plans.
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All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
29. The first set of landscape and inigation plans submitted shah include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and shah
match the grading plans in terms of scale and location of improvements.
Mounding shall be used in parking lot landscaping or prebminary plans shall explain why
mounding is not possible to the satisfaction of the Planning Director.
The number of trees in a residential project shah be equal to or greater than the number
of residential units.
Any signs proposed for this development shall at a minimum be designed in conformance
with the sign program provided in the Arroyo La Costa Master Plan In addition all signs
shah require review and approval of the Planning Director prior to installation of such
signs.
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PC RESO NO. 3032
The project shall provide bus stop facilities at locations subject to the satisfaction of the
North County Transit District. Said facilities shall at a minimum include a bench, free
from advertising,‘and a pole for the bus stop sign The bench and pole shall be designed
in a manner so as to not detract from the basic architectural theme of the project and said
design shall be subject to the approval of the Planning Director and North County Transit
District
The developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director.
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.
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37. As part of the plans submitted for building permit plan check, the applicant shall include
a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. -
38. hiti to issuance of any building permits for lots covered bv a fkal man, the applicant
shall record a covenant over all open space lots within that fmal map prohibiting any
future residential development of such open space lots and kiting these lotx to open
space and recreational uses only. said open space lots shall be annex4 to and
maintained by the Master Homeowners Association as stated in the CC&Rs.
39. There shall be permitted as part of a tentative subdivision map approval for any residential
neighborhood, a model home complex containing up to four (4) product types subject
to the provisions of Section 21.60.030 of the Carlsbad Municipal Code. The Planning
Director may approve more than four product types subject to adequate agreements
guaranteeing the removal of said units should the subdivision map not record within the
time period prescribed by law.
The CC&P-s for the project shall include a disclosure to all property owners located
adjacent to the school site, the church site, and the said property owners common
recreation center that may be subject to impacts from these facilities.
In the CC&Rs, the applicant shall provide a Notice of Proximity of Planned or Existing
Transportation Corridors as requirkd by Administrative Noise Policy No. 17, dated March
4, 1990.
Trails within Open Space Areas 2 through 8 shall be constructed prior to occupancy of any
units within the first constructed adjacent residential villages. Trails within Open Space
Area OS-9 shall be constructed prior to occupancy of the Recreation Center in that area.
All trails within each residential village shall be constructed concurrently with that village.
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PC RESO NO.3032
Prior to approval’ of the first l5m.l map the developer shall provide proof to the Planning
Director of an acceptable means for maintaining the open space lots and trails systems as
shown on the tentative map and distriiute the cost of such maintenance in an equitable
manner among the owners of the units within the subdivision.
Prior to approval of the first final map for any phase of this project, the applicant shall
enter into an agreement with the City to provide this project’s proportional share of the
City’s total obligation for low and moderate income housing units or to implement
whatever housing programs are adopted by the City Council as part of the Housing
Element review should that review be completed prior to final map approval.
Prior to close of escrow for lots immediately adjacent to the Elementary School Site,
disclosure to future homeowners shall be provided by means of a Declaration of Notice
to be recorded with the County Recorder5 Office making the buyers aware that the homes
are adjacent to a future school site.
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In addition to the phasing of public improvements, the misceIlaneous improvements listed
below shall adhere to the following phasing program:
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a. -2 I Phase
Phase I shall be limited to the construction of Village I as wells as the
improvements discussed below:
Village Units
Open Space Lots
within the Village &&s
I 118 2 122
Open Space
Areas 2
Total
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PC RESO.NO. 3032 -8-
118 4 122
The recreational facilities on Lot 121 on the north side of Village I will be
provided concurrent with development.
Open Space Areas 7 and 8, including trail systems, will be constructed and
enhanced concurrent with development.
Prior to occupancy of the 75th unit in Village I, the recreational vehicle
storage area in OS-8 wiU be provided and accessed temporarily by an ah-
weather access road.
A note shall be placed on the Final Map for Phase I to the effect that Lot
No. 1083 of Village I is for the purpose of access to the RV Storage Lot
within OS-8. Such statement shall be included in the CC&W
The enhanced landscaping along the northern section of El Camino Real
shall be instaRed prior to occupancy of the last unit in Village Q.
Prior to the issuance of any building permits in Village Q, a landscape plan
shall be submitted for the northern slope along Village R Said plan shall
include a heavy landscaped buffer on the slopes and installation of a 6
fence at the base of the slope.
Village J is reserved as a church site. Construction of a church on this site
will require Planning Commission approval of a Site Development PIan.
Any permanent use of this site other than for church purposes, subsidiary
daycare use, or open space will require an amendment to the Arroyo La
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PC RESO NO. 3032
Costa Master Plan.
The Community Recreational Facilities located on Open Space Lot 9 shall
be constructed prior to occupancy of any units within Phase II.
Prior to recordation of the first Final Map, the applicant shall enter into an
agreement with any willing property owners in Ranch0 De1 Ponderosa to
install landscaping and a 6’ fence on the lower portion of the northern
slopes adjacent to Village S. An irrigation system shall also be installed
and connected to existing lines. After a one year time period, maintenance
of said landscaping and irrigation may revert to the individual homeowners
of Ranch0 De1 Ponderosa at the discretion of the applicant.
The landscape plan submitted for the recreation area in Village I shall
include a combination of active play equipment for various age groups.
Such equipment shall be installed prior to occupancy of the last unit in
Village I. The area shall be temporarily landscaped prior to occupancy of
the first unit.
The enhanced landscaping along the east side of El Camino Real south of
Calle Barcelona shall be installed prior to occupancy of the last unit in
Village I.
Village I shall provide access to the adjacent RV site via an open space lot
in the western portion of the village. The access shall have a lockable,
bollard type gate to discourage access to vehicles other than homeowners
RVs. Residences adjacent to this access lot shall be adequately buffered
from noise and light via walls and landscaping within the open
space/access lot. All future residents of Village 1 shall be made aware by
means of a Declaration of Notice to be recorded with the County Recorders
Office of the existence of the RV storage area prior to the close of escrow.
Prior to the close of escrow on each lot, residents of village I shall be made
aware by means of a Declaration of Notice to be recorded with the County
Recorder’s Office that the stub street at the Southwest comer of Village I
will eventually connect to future development that will gain access through
Village I.
‘Prior to the close of escrow on each lot, residents of Village I located
adjacent to Village J shall be made aware by means of a Declaration of
Notice to be recorded with the County Record&s Office that the property
to the north has been designated as a potential church site.
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b. Phase II
- Phase II shall be limited to the construction of Villages G, H, P, Q as well as
improvements discussed below.
Number of Lots/Dwelling Units
Village
Village G
Village H
Village P
Village Q
Open Space
Areas
School Sites
Village J
units
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97
72
Open Space Lots
within the Village h
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4 81
3 100
1 73
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PC RESO NO. 3032 -lO-
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The common Recreation Center will be constructed in Open Space Area OS-
9.
The Open Space/Recreation lots located within Villages G, H, P, Q will be
provided concurrent with development.
The landscaping/enhancement and trail systems of OS-S, OS-6, and OS-9
will be provided.
The northern slopes of Village H shall be landscaped with additional trees
to mitigate the aesthetic loss of the eucalyptus trees in the north - central
area of the site.
CC&Rs for the project shall incorporate measures that will control irrigation
in or adjacent to the oak preservation area.
The enhanced landscaping along the east side of El Camino Real on the
north side of Calle Barcelona shall be installed prior to occupancy of the
east unit in Village Q.
Prior to occupancy of the last unit in Village H, as mitigation for the
aesthetic loss of the eucalyptus grove onsite, the northerly enlxance to
Village H, as well as the interior slopes of Village H, shall be enhances with
additional tree planting.
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PC P-ES0 NO. 3032 -ll-
the Community RecreatiorUDaycare Center, disclosure to future
homeowners shall be provided by means of a Declaration of Notice
recorded with the County Recordeis office making the buyers aware that
the homes are adjacent to a future Recreation/Daycare site.
The southern 16 lots of Village Q are designated as an alternative church
site. If a Site Development Plan for a church is approved in Village J then
these 16 lots shall be developed for residential purposes. A deed restriction
shall be placed over these 16 lots limiting them to use for church purposes
only unless a Site Development Plan for a church is approved on Village
J. This deed restriction shall also prohibit any individual lot being used for
church purposes. It shall state that if this area is used for church purposes,
the entire 3.4 acre site must be utilized.
If the southern portion of this site is developed for church purposes, a Site
Development Plan must be approved by the Planning Commission prior to
the start of construction. The church shall be designed to be compatible
with the surrounding neighborhood and conform to the requirements of the
El Camino Real Scenic Corridor Study. The site design shall incorporate
a minimum 30 foot wide landscaped buffer to be located on the south site
of the adjacent homes between the residential development and the church.
A minimum 30 ft. wide landscaped setback shall be provided along Street
“c”.
Residents of Village Q located adjacent to the potential church site shall be
made aware by means of a Declaration of Notice to be recorded with the
County Recorder’s Office that the property to the east has been designated
as a potential church site.
The daycare facility located in OS9 shall be conmucted and completed
pliortooecupancyofthelastunitinPhaseII.
RiortorrcordationofthcfinalmapfotPhascII,thcapplieantsball
provide a demiled landscape plan for additional tree planting on hillo
Way.
Riartorceordationofthcfirstfinalmap,thcapplicantshallagreeto
designate potential sites for public art as determined by the Arts Manager,
Planning Director, 2nd City Engheez.
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C. PhW!III
1 Phase~shallbelimitedto~econstnrctionofVillagesB,~D,E,P,K,I,M,N,
2 _ 0 as well as the improvements discwed below.
3 Open Space Lots
4 villane Units within the Villa= Lots
5 B 99 5 104
C 42 1 43
6 D 62 2 64
E
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3 102
7 F 1 47
K 61 1 62
0 L 48 2 50,
M 42 3 4s 9 N 71 2 73
&en Space
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Areas 4
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1. The Open Space Lots within Villages 8, C, 0, E, F, K, L, M, N, 0 will be
provided concurrent with development.
2. Prior to the construction of the pedestrian btidge connechg Village OS9
to the Junior High School site, the applicant shall submit detailed
architectural drawings for review and approval of the Planning Director.
3. Applicantshallfedesignthereararea oflots 501-511 ofvinageE,andLots
1012-1029ofViRageDtoaeateauopenspacearcabetweenkoyoIa
Costaaudthcexkingadjacentofneighborhood. IIdsdesignshallbe
subjecttothcapprovalofthePlanning~or,~andsbanddesignedwith
thefonowingaiteriainmind:
a. Thcwidthofthisarcashouldk40f~andinw,case~than
3Ofeec
b. Intheareaswheretheopenspaceareaislessthan4Ofeetinwidth,
thereshaUbearehclionintherearlotsofh~hCosta
adjacenttotheopenspaceareaof lOf& Nostructm tallerthall
6feetmaybeconstxuctedinthisrcstrictedarea.
c ThcrearfenccoftheArroyoLa~loCrsballbaPca6footwood
fenceinrhcmyard.
d. Thedesignoftheopeuspaceareashouldnotincludeanysharp
comem, but rather take on a cumikmr shape.
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e. ‘I& open space - shot&i include a M sysmn which would connect to both the Arroyo h Costa project through the use of trailheads on open
space 10~ and to the adjoining neighborhood through the existing access areas. The trail system should also offer access to Ranch0 Santa Fe Road at
a location near Camino de las G&s.
f. This area will be landscaped in a manner acceptable to the Planning
Director and shallbe reflected in the Arroyo IA Costa landscape pIan
g- The CC&.Rs shall contaiu a provision allowing fencing only at the
northerlypropertylineoftheAxroyoLaC0stalots.
h. The site plan for this area shall be modified to rearmqe one-story
and tw&tory homes as follows:
Village D, Lot 1013 - 2-story
1022 - 1-story
1023 - l-story
1025 - 2-story
1028 - one story
~lLWJ~~-openQ= 1114 - 2-story
i The location and description of allowed uses of the open space
eaxmentshallbedesignatedontheCnalmapforPhaseILI.
j. The materials for the trail shall be decomposed granite.
The intent of aU mitigation measures proposed in EIR 86-2 are contained in this Resolution
by way of either specific conditions of approval or in Attachment A which contains
mitigation measures that have been modified to: conform to City Policies; or, expanded to
more adequately mitigate the impact; or, tied to a specific phase of construction so that they
could be more easily monitored. These measures shaI.I be complied with in their entirety
at the appropriate time of development. A mitigation monitoring program is provided in
Attachment B.
Ennineerinn Conditions
48. No grading permit shaB be issued for this project prior to recordation of the final map for
Phase I.
49. Grading in Phase 2 and Phase 3 prior to finaI maps shaU be Iimited to grading shown on
Exhiiit 2Z-l, ZZ-2 and as conditioned. Grading permits for this work shall be required and
subject to the approval of the City Engineer.
so. The developer shaIl obtain a grading permit prior to the commencement of any clearing or
grading of the site.
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PC RESO NO. 3032 -13-
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This project has been reviewed for conformancy with the grading ordinance and found to
be a project for which a grading permit is required. Prior to any building permits being
issued for the site, a grading plan in conformance with City Standards and Section 11.06
ofthe Carlsbad Municipal Code, must be submitted, approved and grading work must be completed to the satisfaction of the City Engineer. All slopes within this project shall be
graded no steeper than two horizontal to one vertical unless specifically approved otherwise
pursuant to these conditions.
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 inspection and testing to ensure
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.
Upon completion of grading for each phase, the developer shall ensure that an “as-graded
geologic plan shall be submitted to 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. This plan shall be signed by both the soils engineer and the engineering
geologist. The plan shall be prepared on a mylar or similar drafting film and shall become
a permanent record.
No grading shall occur outside the limits of the subdivision unless a letter of permission or
easement is obtained from the owners of the affected properties.
Duringtheconstructionof~projecZ~constnrctionequipment,findirt,oranyother
materials &all be stored on any permarrentnaturalopenspaceareaasdesignatedbythe
AiToyOLacostaMast~PlalL
A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located offsite but within the city limits.
Prior to hauling dirt or constnrction 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.
7’he developer shall exercise special care during the construction phase of this project to
prevent any offsite siltation. The developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and location as approved by
the City Engineer. The basins and erosion control measures shall be shown and specified
on the grading plan and shall be constructed to the satisfaction of the City Engineer prior
to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope
erosion control measures and other methods required or approved by the City Engineer.
The developer shall maintain the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding in amounts and types suitable
to the City Engineer.
PC RESO NO. 3032 -14-
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Additional drainage easements and drainage shuctures shall be provided or installed as
may be required by the City Engineer.
The.developer shall construct desi.hation/detention basins of a type and size and at
locations as approved by the City Engineer. The developer shall enter into a desiltation
basin maintenance agreement and submit a maintenance bond satisfactory to the City
Engineer prior to the approval of grading, building permit or final map whichever occurs
first for this project. Each desiltation basin shall be serviced by an a&weather
access/maintenance road. The provisions of this agreement shall .apply to any offsite
borrow sites which may be utilized in the construction of this project as required by the
City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding
drainage across the adjacent property,, if any exists prior to the approval of the final map
for this project.
All editing storm drams adjacent to the project shall be cleaned and maintained free of
silt and debris by the developer until the adjacent phase is accepted by City Council.
Prior to approval of the final map the owner shall enter into an agreement with the City
to pay any drainage area fees established as a result of the forthcoming Master Drainage
Plan Update. The owner may be eligible for credit toward drainage fees if he constructs
the facilities shown on the Master Drainage Plan Update, subject to the approval of the
City Engineer.
The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer shall
be made by a certificate on the final map for this project. 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.
Construction traffic shall not be allowed ingress or egress via any existing residential
streets off site.
The permanent desiltation basin in OS-S shall be maintained by the Homeowner’s
Association, unless otherwise accepted by the City.
Improvements listed shall be constructed within 12 months of Gnal map approval and/or
improvement plan approval, for that phase or as extended by the City Engineer.
Unless a standard variance has been issued, no variance from City Standards is authorized
by virtue of approval of this tentative map.
The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding senkes to the project.
Should the developer decide to final map and develop phases out of numerical sequence
with the approved phasing as shown on the tentative map all conditions required of the
preceding phases shall be completed.
PC RESO NO. 3032 -5
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The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
The applicant shall agree to utihze reclaimed water, in Type I form, on the subject
property in all common areas as approved by the City Engineer,
Irrigation systems to accommodate future reclaimed water shall be designed consistent
with Title 17 of the California Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves
at crossing points to minimize street excavation.
Approval of this tentative tract map shall expire twenty-four months from the date of City
Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the discretion of the City
Council. In approving an extension, the City Council may impose new conditions and
may revise existing conditions.
Some improvements shown on the Tentative Map and/or required by these conditions are
located offsite on property which neither the City nor the subdivider has sufficient title
or interest to permit the improvements to be made without acquisition of title or interest.
The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
Prior to approval of the first final map, the owner shall give written consent to the
annexation of the area shown within the boundaries of the site plan into the existing City
of Carlsbad Street Lighting and Landscaping District No. 1.
Phase I Right-of-Way
77.
78.
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Olivenhain Road shall be dedicated on the final map by the owner to full half width
Right-of-Way within Phase I project boundary based on a centerline to right-of-way width
of 63 feet. If this dedication requires a revision to the lots ftonting on Street ‘Am due to
analignment~~toOlivenhainRoad,saidrevisionshallbetothcapprovalofthe
Plan&g Dkctor and city EiIlgineer.
Half width of El Camino Real shall be dedicated by the owner along the Master Plan
frontage and offiite transitions based on a right-of-way width of 126 feet including any
additional right-of-way required at the intersections or as required by the Local Facility
Management Plans and in conformance with City of Carlsbad standards on the final map
for Phase I. An offer of dedications will be made for an additional 20 feet of right-of-
way and any necessary slope and drainage easements as required by the City Engineer
immediately east of the required standard dedication for potential future widening of El
Camino Real. Prior to final map approval an off site easement will be secured by the
developer for half street widening of El Camino Real based on a right-of-way width of
126 feet along the railroad properry.
Calle Barcelona shall be dedicated by the owner to full width secondary arterial standards
from El Camino Real through ‘C Street. An additional 15’ easement on both sides of the
right-of-way will be dedicated for meandering bicycle and pedestrian trails. These
dedications shall be made on the final map.
PC RESO NO. 3032 -16-
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Phase I Improvements
80. P&IS, specifications, and supporting documents for all improvements shall be prepared to
the-satisfaction of the City Engineer. Prior to approval of the final 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. All streets within Phase I shall be public streets and shall be constructed in
accordance with City Standards.
b. Olivenhain Road shall be improved to a four lane interim along its present
alignment from El Camino Real to Ranch0 Santa Fe Road including any necessary
offsite transition. The developer/owner may be eligible for partial reimbursement
from adjacent property owners. A reimbursement agreement must be approved by
the City prior to approval of the final map for this phase.
C. Full half width improvements based on a right-of-way width of 126 feet shall be
graded and installed for Olivenhain Road within Phase I project boundary. A bond
shall .be posted for the half width median improvement of Olive&in Road
adjacent to Phase I project boundary for the future construction at a time when
required by the City Engineer. If the City Engineer determines that the ultimate
six lane improvement will require reconstruction of any portion of this section that
portion may be postponed until the ultimate six lane improvement of Olivenhain
Road.
d. El Camino Real shall be improved to a half street width of 63 feet from Olivenhain
Road to Levante Street including full width landscaped median The
developer/owner may be eligible for partial reimbursement from the adjacent
property. owners on the west l/2 width of the median A reimbursement
agreement must be approved by the City prior to approval of the final map for this
phase.
e. Any necessary signal modifications shall be installed at the intersection of El
Camino Real and Olivenhain Roads in conjunction with the 4 lane interim
improvements. These signal modifications shall be coordinated with all appropriate
agencies.
f. A traffic Signal at El Camino Real and Calle Barcelona shall be installed. This
signal shall be activated upon meeting warrants or as directed by the City
Engineer. The developer/owner may be eligiile for partial reimbursement from
adjacent property owners on the west side of El Camino Real. A reimbursement
agreement must be approved by the City prior to approval of the final map for this
phase.
Improvements to Calle Barcelona from El Camino Real to Street “C to its full
required width.
h The secondary connection to El Bosque shall be made prior to occupancy of the
fifty-first unit on Phase I.
PC RESO NO. 3032 -17-
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-_ Prior to the first Final Map approval the alignment of Street “M” in Village P and
Streets in Village “M” “A - A”, “U - U” and Avenida Leon in Village N shall be
redesigned. This redesign shall replace the angular turns with curve radii to the
satisfaction of the Civ Engineer and Planning Director.
Prior to building permit issuance a deed restriction shall be placed on all hots
within Phase I to notify potential owners that Street “B” shall act as access to
future residential development.
The developer shall underground all existing overhead utility lines within the
boundaries of or on the frontage of the project. Transmission lines in excess of
thirty-four thousand five hundred volts and long-distance and trunk communication
facilities are exempted from this requirement.
Prior to the first fmal map approval a hydrology study shall be completed to the
satisfaction of the City Engineer. This study shall include an analysis of the
Encinitas Creek Drainage Basin from Zone 11 to Batiquitos Lagoon. This study
must propose alternate forms of mitigating peak storm runoff flows to include a
possible flood attenuation action plan for the entire Encinitas Creek Drainage
Basin
Reclaimedwatcr~withinPhascIportionofcalleBarcelonaandPhaseIand
PhaseUportionsof~caminoR~shallbeinstalledifrequirrdbytheredaimed
water pian.
Phase II Right-of-Way
81. Calle Barcelona will be dedicated by the owner to full width secondary arterial standards
from ‘C Street to Ranch0 Santa Fe Road. An additional 1S easement will be dedicated
on both sides of the right-of-way for construction of meandering bicycle and pedestrian
trails from ‘C Street to Ranch0 Santa Fe Road. Necessary easements will be dedicated for
the c+truction of the pedestrian bridge. All easements will be dedicated on the final
map and/or prior to Gnal map approval.
Phase II Imrxovementq
82. Plans, specifications, and supporting documents for all improvements shall be prepared to
the satisfaction of the City Engineer. Prior to approval of the final 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. All streets within Phase II shall be public streets and shall be constructed in
PC RESO NO. 3032 -18-
All street improvement plans shall include separate traffic signing and striping
Plans.
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Calle Barcelona shall be improved to full width secondary arterial standards from
‘c’ Street to most easterly end of Phase II. This improvement shall be constructed
prior to occupancy of the first units in Phase 11.
Calle Barcelona shall be graded to full width secondary arterial standards plus 15
easements from the most easterly end of Phase II to Ranch0 Santa Fe Road. A 32’
wide pavement shall be installed including all utilities and service lines planned
to be placed under that 32’ section. Necessary drainage facilities and pedestrian
path shall be installed from the most easterly end of Phase II to Ranch0 Santa Fe Road.
The full width intersection of Calle Barcelona and Ranch0 Santa Fe Road shall be
improved to the satisfaction of the City Engineer.
Any necessary signal modifications shall be installed at the intersection of Calle
Barcelona and Ranch0 Santa Fe Road.
The secondary connection to Anillo Way shall be made prior to occupancy of the
Slst unit in Phase II.
The pedestxian bridge cross& Calle Barcelona shall be designed and bonded for
its constmctior~ Its hstallation may be delayed until Phase III at the disc&ion of
the City ELngineer.
All street improvement plans shall include separate traffic signing and striping
plans.
Sidewalks along the project frontages of Levante Street and Anillo Way shall be
installed.
Street light wiring replacement along the project frontages of Levante Street and
Anillo Way shall be installed as required by the City Utilities Director.
Prior to the final map approval of Phase II a comprehensive traffic analysis shall
be completed by the developer as required by the Zone 12 Local Facilities
Management Plan.
Prior to &ml map approval of Phase II the developer shall detemine what portion
or portions of Calle Barcelona will be used by the earth moving equipment for
Phase III. Those portions shall be designed with increased structural sections to
the satisfaction of the City Engineer.
ReclaimedwatamaiawithinPhase~pIsdPhasc~porcionofcallcBamIonaand
~oSantaFeRoadadjaeenttothcmaSrcrp~fiontagreifrcquircdbp~ . reckmedwaterpbur. W~Pbasetl,themainmaykdebeduntilPhase~
is constructed if no reclaimed waterline ti along tbe project hmtagc
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prior to final map approval the devehper shall submit a rrdaimed water usage
plan for the entire master plan area for the approval of the city Engineer. The
plan shall be in conformance with the Ci@s proposed recbiimed water master plan
it a minimum the developer shall install a dual waterline to serve all irrigated
open space and extend parkway areas with reclaimed water as it becomes
available.
0. If the Water District is in a Stage II or greater water aleq reclaimed water shall
be used for all construction related activities such as dust control and grading
compaction as directed by the City F.ngineer.
Phase III Right-of-Way
83. Prior to Final Map approval an offer of dedication for an easement shalI be made by the Owner for the potential future pedestrian bridge onsite in Open Space Area OS-3.
Phase III Improvements
84. Plans, specifications, and supporting documents for aU improvements shaII be prepared to
the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider
shalI 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.
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AU streets within Phase III shall be public streets and shall be constnrcted in
accordance with City Standards.
Ranch0 Santa Fe Road shall be reconstructed on the west side along Village ‘B’ to
eliminate the previously installed right turn lane which is no longer required.
The pedestrian bridge crossing Calle BadOM shall be installed prior to occupancy
of the lirst unit in Wages “K”, “L”, or “8” or at the discretion of the City Engineer
based on need for safe pedestrian crossing.
All street improvement plans shall include separate traffic signing and striping
plans.
Calle Barcelona shall be improved to full width secondary arterial standards from
the easterly end of Phase II to Ranch0 Santa Fe Road including the meandering
pedestrian and bicycle traiIs within the 15’ easements on both sides of right-of-
WY*
Prior to approval of the fmal map for Phase II the developer shall post a bond in
the amount of $100,000 for the design and construction of a traffic signa.I at the
intersection of CalIe Barcelona and “D - D” Street. This signal shall be installed
when traffic warrants are met or at the direction of the City Engineer. Said bond
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may be held by the City until the final occupancy of the last residential unit in the
project. If warrants have not been met at that time then the developer shall be relieved of this obiligation and bonds shall be released.
g. T Prior to final map approval of Phase III the owner form and join a ,maintenance
district to maintain the desiltation basin and channel on the ;ast side of Ranch0
Santa Fe Road. In the event the dishict cannot be formed in a timely manner as
determined by the City Engineer, the developer shall alternatively enter into an
agreement with the City agreeing to not oppose the formation of said maintained
district.
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Prior to final map and approval of Phase III the developer shall post a bond for
an additional one inch, of surface course pavement for Calle Barcelona from El
Camino Real to Ranch0 Santa Fe Road. That surface course shall be installed
including new pavement traffic stiping as directed by the City Engineer prior to
Phase III Improvements being accepted by the City Council.
Prior to final map approval of Phase III those portions of Mision Estancia West
previously dedicated but no longer needed because of the realignment of Calle
Barcelona shall be vacated.
Prior to final map approval of Phase III the developer shall make every attempt to
enter into a joint use agreement with the owners of the existing desiltation basin
on the east side of Ranch0 Santa Fe Road. If the developer is unable as
determined by the City Engineer, to enter into a joint use agreement with the
adjoining property owner, the developer shall install appropriate temporary or
permanent desiltation facilities onsite at the discretion of the City Engineer.
Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the
Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of existing and
proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval
An all-weather access road shall be maintained throughout constructior~
All required fire hydrants, water mains and appurtenances shall be operational prior to
combustible building materials being located on the project site.
Any Proposed security gate systems shall be provided with “Knox” key operated override
switch, as specified by the Fire Department.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the specifications contained in the City
of Carlsbad Landscape Guidelines Manual.
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of Carlsbad Landscape Guidelines Manual.
92. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other
s@Iems pertinent to the project shall be submitted to the Fire Department for approval prior
to construction.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of CarIsbad, California, held on the 20th day of June, 1990, by the
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes,
McFadden, Erwin, Marcus and Hail.
NOES: None.
ABSEIU?: None.
ABSTAIN: None.
ATTEST:
MICHAEL J. HikZhfIa
PLANNING DIRJXTOR
PC RESO NO. 3032
SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
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August 13, 1993
Mr. Mike Stewart Fieldstone La Costa P. 0. Box 9000-266 Carlsbad, CA 92018
Re: Approval for an Extension of Time for CT 88-3 Arroyo La Costa
The Carlsbad City Council, at its meeting of August 10, 1993, adopted Resolution No. 93-236, granting a one year extension of time for the tentative map for CT 88-3, Arroyo La Costa.
Enclosed please find a copy of Resolution No. 93-236 and a fully executed copy of the Waiver of Prohibition Against the Imposition of Conditions.
ALETHA L. RAUTENKRANZ, CMC City Clerk
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Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 @