HomeMy WebLinkAbout1996-02-06; City Council; 13500; Calavera Heights Village UC’“Y OF CARLSBAD - AGE.- 3A BILL ”
REQUEST FOR AN
EXTENSION OF TIME FOR THE
TENTATIVE MAP FOR CARLSBAD TRACT CT 90-25
RECOMMENDED ACTION:
Adopt Resolution No. 9h--!?b granting a one year extension of time for Carlsbad
Tract 90-25, Calavera Heights, Village U.
ITEM EXPLANATION:
Lyons Communities, Inc., has requested an extension of time for Carlsbad Tract 90-25,
Calavera Heights, Village U, a 46-lot, 138 dwelling unit Planned Unit Development project.
The project is located in Local Facilities Management Zone 7, south of Carlsbad Village
Drive and east of Tamarack Avenue.
The request for an extension is due to the applicant’s inability to final the map because of
the unfavorable economic conditions of the past several years.
The tentative map was originally approved on February 8, 1994 in accordance with City
Council Resolution No. 94-47. The approval was for the standard two years, making the
expiration date of the tentative map February 8, 1996.
Two conditions have been added to the resolution to grant an extension. One condition
clarifies the type of subdivision by defining its purpose as being for condominiums. The
second condition requires consultation with U.S. Fish and Wildlife Service and obtaining
from them any permits needed prior to approval of the final map.
The project, as now conditioned, conforms with the General Plan, current City ordinances
and standards. The applicant has executed an Agreement for Waiver of Prohibition Against
the Imposition of New Conditions which is on file in the Engineering Department.
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 was not calculated.
Local Facilities Management Plan 7
Growth Control Point 3.2
Net Density 3.2
Special Facilities C.F.D. No. 1
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Page 2 of Agenda Bill No. 1 z, 5 c 0
EXHIBITS:
1. Location map.
2. Resolution No. 96 - %6 granting an extension of time for Carlsbad Tract 90-25,
Calavera Heights, Village U.
3. Application requesting extension.
4. A packet for reference, containing:
a. City Council Resolution No. 9447, approving CT 90-25 and adding conditions.
b. Planning Commission Resolution No. 3537 recommending approval of CT 90-25
containing the Planning Commission’s conditions of approval.
CITY OF OCEANSIOE
NOT TO SCALE
PROJECT NAME PROJECT EXHIBIT
CALA VERA HEIGHTS VILLAGE “U” NUMBER
CT90-25 I
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RESOLUTION NO. 9 6 - 4 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE
MAP NO. CT 90-25, CAlAVERA HEIGHTS. VlLlAGE U.
WHEREAS, the City Council of the City of Carlsbad on February 8, 1994, adopted
Resolution No.9447 approving Tentative Map No. CT 90-25; and
WHEREAS, Tentative Map CT 90-25 would now expire February 8, 1996; and
WHEREAS, the applicant has been diligently pursuing those acts necessary to obtain a
final map; and
WHEREAS, the unfavorable economic conditions prevailing since the tentative map
was approved has prevented the applicant from completing the acts necessary 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 the existing conditions; and
WHEREAS, both the applicant and the City wish to extend the map subject to and relying
upon the existing conditions of approval and two additional conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That wfth the conditions of approval now existing and contained herein, the design
and improvements of the subdivision are consistent with the General Plan, Titles 20 and 21 of
the City of Carisbad Municipal Codes, and any public facility or development policies in existence
at this time.
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3. That the Tentative Map 90-25 is hereby extended for one year until February 8,1997,
subject to all of the conditions contained in Council Resolution Nos. 94-47 and Planning
Commission Resolution No. 3587 and the following additional two conditions, a and b:
a. The final maps in this subdivision shall be maps for condominium purposes. These
purposes and the maximum number of permitted condominium units shall be stated on
the first sheet of the final maps.
b. Prior to approval of the first final map, the Developer shall be required to: (1) consutt
with the United States Fish and Wildlife Service (USFWS), and (2) obtain any permits
required by the USES.
4. That this extension is approved in reliance upon said conditions of approval. Any
legal challenge or failure to perform the conditions of this and the above resolutions shall render
this approval void and the map shall not be final,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl&ad City Council
held on the 6th day of FEBRUARY , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
- > - Exhibit 3
,,-‘a I Cl-W OF CARiSBAD
ENGINEERING DEPARTMENT Tentative Map Extension Application
Project Id: CT 90-25/PUD 90-25/HDP 90-31 Project Name: CALAVERA HEIGHTS - VI LLACE wgf --
Location: EAST Side of FUTURE COLLEGE BLVDmem SOUTH OF CALAVERA VILLAGE& & NORTH OF CALAVERA VLC. “W”
(N/S/E/W: Street Name Street Name Street Name --
THE Description: PROJECT PROPOSES 138 MULTI-FAMILY RESIDENTIAL UNITS ON APPROXIMATELY 59.3 ACRES WITHIN THE
CALAVERA HILLS MASTER PLANNED COMMUNITY.
APPLICANT OWNER
Name: THE WILLIAM LYON COMPANY I
Company No.: --- --
Address: 4490 VON KARMEN
City, State, Zip Code: NEWPORT BEACH, CA. 92660
I
Phone Number: (714) 833-3600
I P “gnatwe:
I----- Ij Current Expiration Date: 2-8-g6
Name: LYON/ COPLEY CARLSBAD ASSOCIATES
Ad&es* 4490 VON KARMEN *- ----
City, State, Zip Code: NEWPORT BEACH, CA. 92660
Phone Number: (714) 833-3600
)p GC p f&&L L r,g&- w,c
.
L-
“^._“_^.. . . ..--.---.-a-----
1 Facility Zone: 7 1 APN. 168-040-29 (POr), -168~@tl-8 Acrr;..s~ 59.3
I 1 Subdivision Type: MULTI-FAMILY RESIDENTIAL I 13 STREE Number of Lots:46 (16 RES, ,I 7 OS, 1 ) No. of D/U’s: 138
For City Use Only
I--
idsster Projec? ID: c-t cj?o -b<
Application Status: !I- System Status
iand use Engineer
Proiect ?lanner
DATE STAMP RECElVED
City of Carlsbad
Engineering Department
Tentative Map Extension Application
Calavera Heights Village “U”
Lyon/Copley Carlsbad Associates
by: Audubon Associates, Inc., its Managing General Partner
by:
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Exhibit 4A
RESOLUTION NO. 94-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 90-25), PLANNED UNIT DEVELOPMENT (PUD 90-25) AND HILLSIDE DEVELOPMENT PERMIT (HDP 90-31) FOR A 138 UNIT MULTI-FAMILY RESIDENTIAL PROJECT ON 59.3 ACRES OF LAND GENERALLY IJXATED IN THE NORTHEAST QUADRANT, EAST OF FUTURE ALIGNMENT OF COLLEGE BOULEVARD, SOUTH OF APPROVED VILLAGE "T" AND NORTH OF APPROVED VILLAGE II w VI WITHIN THE CALAVERA HILIS MASTER PLFiN IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 7. APPLICANT: CALAVERA HEIGHT VILLAGE "U" CASE NO: CT 90-25/PUD gb-z/HDP go-31
WHEREAS, on December 15, 1993 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Tentative Subdivision Map (CT go-25), Planned Unit
Development (PUD 90-25) and Hillside Development Permit (HDP 90-31)
for a 138 unit multi-family residential project and adopted
Resolutions Nos. 3587, 3588 and 3589 respectively, recommending to
the City Council that the Tentative Subdivision Map (CT 90-25),
Planned Unit Development (PUD -90-25) and Hillside Development
Permit (HDP 90-31) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
held a public hearing on February 1, 1994 to consider the t recommendations and heard all persons interested in or opposed to
Tentative Subdivision Map (CT 90-25), Planned Unit Development (PUD
90-25) and Hillside Development Permit (HDP 90-31); and
WHEREAS, an Environmental Impact Report (EIR 90-05) was
previously certified on October 26, 1993, and this project complies
with all applicable mitigation measures outlined by Final EIR 90-05
for the development of Village "Un and, as proposed, this project
will not create any significant adverse environmental impacts,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Tentative Subdivision Map (CT 90-25),
Planned Unit Development (PUD 90-25) and Hillside Development
Permit (HDP 90-31) for this project are approved and that the
findings and conditions of the Planning Commission contained in
Resolution Nos. 3587, 3588 and 3589, respectively, on file with the
City Clerk and incorporated herein by reference, are the findings
and conditions of the City Council with the following additional
conditions:
"a. That the covenants, conditions and restrictions
for the project shall include a provision that the required two
covered parking spaces per unit shall be used for the parking of
motor vehicles and shall not be utilized for any other use that
would prohibit parking of motor vehicles to the satisfaction of the
planning director.
"b. The applicant shall expedite the preparation of
the noise study required in connection with the Calavera Hills
Master Plan Villages "W", "X", . and "Yn as required by City Council
Resolution No. 93-301 adopted November 2, 1993."
3. This action 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 Reviewn 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 4
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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 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 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
city Council of the City of Carlsbad on the 8th day of FEBRUARY
1994 * by the following vote, to wit:
AYES : Council Members Lewis, Kulchin, Nygaard; Finnila
NOES : None .
ABSENT: None
ABSTAINED: Council Me
ATTEST:
(SE=)
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A. .- Exhibit 46 I
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PLANNING COMMISSION RESOLUTION NO. 3587
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO SUBDMDE
AND DEVELOP 138 MULTI-FAMILY UNITS ON PROPERTY
GENERALLY LOCATED IN THE NORTHEAST QUADRANT OF
THE CITY, EAST OF THE FUTURE ALIGNMENT OF
COLLEGE BOULEVARD, SOUTH OF APPROVED VILLAGE “T”
AND NORTH OF APPROVED VILLAGE ‘?V” WITHIN THE
JXLJS’ERA HILLS MASTER PLAN IN LOCAL FACILITIES
MANAGEMENT PLAN ZONE 7.
CASE NAME: CALAVERA HEIGHTS VILLAGE “U” -CASE NO: CT.90-25
g II WHEREAS, a verified application for certain property to wit:
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A portion of Lot D of The Ranch0 Agua Hedionda in the City
of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 823 on file at the Office of
the County Recorder of San Diego County.
13 P as been filed with the City of Carlsbad and referred to the Planning Commission; and
14 WHEREAS, said verified appiication constitutes a request as provided by
15 /Title 21 of the Carlsbad Municipal Code; and
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171 WHEREAS, the Planning Commission did, on the 15th day of December,
/1993 la I hold a duly notic/: 9:-1 blic hearing as prescribed by law to consider said request;
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WHEREAS, at said public hearing, upon hearing and considering all
21 ikestimony II and arguments, if any, of all persons desiring to be heard, said Commission
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:onsidered all factors re1.atin.g to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
1s follows:
That rhe above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 90-25, based on the following findings and
subject to the following conditions:
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1. The project is consistent with the City’s Gent Plan and the Calavera I-l.& Master
Plan since the overall proposed density of 3.2 dus/acre is within the RLJVI density
range of 04 d&acre specified for the site as indicated on the Land Use Element
of the General Plan and within the Calavera HiIls Master Plan, and is at or below
the growth control point of 3.2 d&acre.
2. The project is consistent with all City public facility policies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will 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.
3. The project. is in compliance with the adopted mitigation measures of Final
Environmental Lmpact Report 90-05 and would not create any additional
significant adverse environmental impacts.
4.
5.
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 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 for Zone 7.
6. School fees will be paid or a school agreement will be finalized, to ensure the
availability of school facilities in the Carlsbad Unified School District.
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To ensure the availability of school facilities in the Carlsbad Unified School District
the applicant will submit evidence to the City that impacrs to school facilities will
be mitigated in conformance with the Ci@s Growth Management Plan to the
extent permitted by applicable state law for legislative acts.
All necessary public improvements have been provided or will be required as
conditions of approval.
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.
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of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
The proposed project is compatible with the surrounding future land use since
surrounding properties are designated for residential development on the general
plan.
The Tentative Tract Map satisfies all requirements of Title 20 and 21 of the
Carlsbad Municipal Code and the State Subdivision Map Act.
The Tentative Tract Map is consistent with Final EIR 90-05, and recommended
mitigation measures, as outlined in the Mitigation Monitoring and Reporting
Program attached to Planning Commission Resolution No. 3515, approving Final
EIR 90-05, as Exhibit “A” dated June 16, 1993, designed to reduce significant
environmental impacts have been included in the project’s design and/or
conditions of approval.
General Planning Conditions:
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Recommendation of approval is granted for CT 90-26, as shown on Exhibits “A” -
“LL”, dated December 15, 1993 incorporated by reference and on file in the
Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 7 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
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
shall be placed on the final map.
This project is also approved under the express conditions 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 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfil1 the subdivider’s agreement to pay the public
facilities fee dated June 16, 1990, 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 wirh the General Plan and approval for this project will be void.
If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law
on this project are challenged this approval shall be suspended as provided in
Government Code Section 66020. tf any such condition is determined to be
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invalid, this approval shall be invalid unless the City Council determines that the
project without the conditions complies with all requirements of law.
Approval of this request shall 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 90-25 is granted subject to approval of PUD 90-25, and HDP 9@
32.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The map copy shall be
submitted to the City Engineer and approved prior to building, grading, final map,
or 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 the final map. Said map shall show all lots and streets
within and adjacent to the project.
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.
The applicant shall provide the following note on the final map of the subdivision
and final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management
Control Point for each General Plan land use designation. Development cannot
exceed the Growth Control Point except as provided by Chapter 21.90. The land
use designation for this development is RLM. The Growth Control Point for this
designation is 3.2 dwelling units per nonconstrained acre.
All parcels that do not have an Open Space General Plti designation were used
to caIculate the intensity of development under the general plan and Chapter
21.90. Subsequent redevelopment or resubdivisibn of any one of these parcels
must also include all parcels under the general plan and Chapter 21.90 of the
Carlsbad Municipal Code.”
The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
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.
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.4.
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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.
The Cc&R’s shall include provisions specifying that there shall be Homeowners
Association maintenance responsibility for all natural open space lots and
easements, and slope maintenance easements, as shown on the approved tentative
tract map and landscape plan (CT 90-25), which is on file in the Planning
Department.
Prior to (or concurrent with) approval of the final map, the applicant shall
grant Lots 8, 15, 25,29,33,4-O, 45,443 in fee, to the Homeowners’ Association as
permanent open space. This stipulation shall be included in the CC&R’s
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application. All or a portion of said fees
may be waived subject to the approval of the Carlsbad Unified School District.
Prior to the approval of any ?Z.nal map or the issuance of any permits within the
Calavera Hills Master Plan the applicant for the final map or permit shall submit
evidence to the City that impacts to school facilities have been mitigated in
conformance with the City’s Growth Management Plan to the extent permitted by
applicable state law for legislative acts. If the mitigation involves a financing
scheme such as a Mello-Roos Community Facilities District which is inconsistent
with the Citys Growth Management Plan including City Council Policy Statement
No. 38, the developer shall submit disclosure documents for approval by the City
Manager and City Attorney which shall disclose to future owners in the project,
to the maximum extent possible, the existence of the tax and that the school
district is the taxing agency responsible for the financing district. At a minimurn
the project CC&R’s shall require maximum disclosure and signed staternents for
disclosures upon transfer of residential property.
Prior to the issuance of any certificates of occupancy, there shall be a Notice of
Restriction recorded against this property subject to the satisfaction of the
Planning Director notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Map, Planned Development Permit, and
Hillside Development Permit by Resolution No.‘s 3587,3588, and 3589 on the real
property owned by the declarant. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. Said Notice of Restriction may be modified
or terminated only with the approval of the Pla~nning Director, Planning
Commission or City Council of rhe City of Carlsbad whichever has final decision
authority for this project.
All roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and sound buffered from adjacent properties
If C RESO NO. 3587 -S- I:,
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and streets, in substance as provided in Building Department Policy No. 80-6 and
to the satisfaction of the Directors of Planning and Building.
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.
The applicant shall submit a wall and fencing plan subject to Planning Director
approval prior to issuance of building permits. All sound attenuation walls shall
provide offsets to provide for landscape screening consistent with the Calavera
Hills Master Plan.
An irrevocable offer of dedication to the City of Carlsbad, Open Space Distict or
other similar entity designated by the City of Carlsbad, for a perpetual easement
for public trails over, upon and across lot(s) 7, 8, and 33, as shown on the
tentative map, shall be made on the fma.l map, for t@s that are part of the
Carlsbad Trail System, see Exhibits “B” and “E”, dated December 15, 1993.
If prior to recordation of final .map, the City of Carlsbad adopts the financing
mechanisms necessaty to implement the Carlsbad Trail System and accept the
above required dedication, the trails shown on the tentative map shall be
constructed prior to occupancy of the first unit within Viage ‘IT” by the developer
pursuant to the guidelines of the Open Space and Conservation Resource
Management Plan. Lf the City of Carlsbad accepts dedication of the trail easement,
the City shall assume responsibility, maintenance and liability for the trail(s).
If prior to recordation of final map, the City of Carlsbad does not adopt the
financing mechanism necessary to implement the Carlsbad Trail System, the
applicant will not be required to consmxt the proposed trails. Said unimproved
open space easements shall be annexed to and maintained by the Master
Homeowner Association as stated in the CC&R’s, until such time that the
irrevocable offer of dedication is accepted.
The City may require a note specifying the possibility of a future trail on areas
covered by a public ti easement to be placed on an additional map sheet on the
final map. Improvements listed above shall be constructed per the terms of the
subdivision improvement agreement.
&fordable Housing Conditions:
,3. Prior to final map approval, an Affordable Housing Agreement shall be required
to be submitted by the applicant to the City, approved by the Community
Development Director, or his designee, and completed and recorded as a deed
restriction on those units of the project which are designated for the location of
low-income affordable units. The Affordable Housing Agreement shall be binding
to all future owners and successors in interest for the term of the Agreement. The
Affordable Housing Agreement, for which the inclusionary housing requirement
will be satisfied through new consmxtion of inclusionary units, either onsite,
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offsite, or through a combined inclusionary housing project, shall establish, but not
be limited to, the following:
(a) @>
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The number of indusionary dwelling units proposed;
The unit size(s) (square footage) of the inclusionary units and the number
of bedrooms per inclusionary dwelling units;
The proposed location of the inclusionary units;
Tenure of affordability for inclusionary units (effective life of the units);
Schedule for production of the dwelling units;
Incentives and/or financial assistance provided by the City;
Where applicable, terms and conditions establishing rules and procedures
for qualifying tenants, setting rental rates, filling vacancies, and operating
and maintaining units for affordable inclusionary dwelling units;
Where applicable, term and conditions governing the initial sale of for-sale
inclusionary units; and
(9 Standards modifications granted by the City.
4. Prior to final map approval, a Sire Development Permit that satisfies the affordable
housing requirements for this project shall be approved.
ijm Conditions:
5. Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
6. Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
andscape Conditions:
7.
8.
9.
3.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of
grading or building permits, whichever occurs first. The landscape plan shah
provide planting in the project’s crib wall located in the northeastern portion of the
development as shown on Exhibit “L.L”, to the satisfaction of the Planning Director.
All landscaping shall comply with the Landscape Requirements of the Calavera
Hills Master Plan.
All landscaped areas shall be mainrained in a healthy and thriving condition, free
from weeds, trash and debris.
The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
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Il. All landscape plans shall be prepared to conform with the City’s Landscape Manual
and submitted per the landscape plan check procedures on file in the Planning
Department.
12. Prior to final occupancy, 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.
13.
14.
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.
15. All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
16. The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be
used if it is deemed to be more beneficial for the long term su&ability of the
plants as determined by the Planning Director.
17. 20% of the trees in the project shall be 24” box or greater.
lnvironmental Mitigation Conditions:
18. Prior to occupancy of individual units, the applicant shall construct noise
attenuation walls consistent with the noise study prepared by Mesne Greve
Associates dated August 25, 1993 and as shown on Exhibits “I” - “K’, dated
December 15, 1993 on file in the Planning Department. The applicant shall
provide these noise mitigation measures to comply with Planning Department
Policy No. 17 and final EIR 90-05.
19. Prior to issuance of building permits: (1) interior noise levels shall be mitigated
to 45 d.BA CNEL when openings to the exterior of the residence are closed; (2) if
openings are provided, mechanical ventilation shall be provided, and; (3) all
useable exterior space above the tirst floor shall be mitigated to a maximum of 60
dBA CNEL.
K). Prior to the issuance of building permits the owner of record of the property shall
prepare and record a notice that this property is subject to noise impacts from the
future College Boulevard transportation corridor and overflight, sight, and sound
of aircraft operating from Palomar Airport. The notice shall be prepared in a
manner meeting the approval of the Planning Director and the City Attorney. The
applicant shall post aircraft noise notification signs in all rental ofices associated
with the new development. The number and location of said signs shall be
approved by the Planning Director.
All building pad and street areas that are graded and remain vacant or
undeveloped for a period of more than 6 months after the grading operation is
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completed shall be seeded to reduce visual impacts. If grading is phased, the six
month time period shall start at the completion of each individual grading phase.
Ln pjneerinn Conditions:
.2.
.3.
4.
.5.
6.
,7.
,8.
9. 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 Comrnission or City Engineer which has been brought
against the City within the time period provided for by Section 66499.37 of the
Subdivision Map Act.
C RESO NO. 3587 -9-
Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell
Telephone, and Cable TV authorities.
This project is approved specifically as 10 (ten) Units for the purposes of
recording.
Prior to approval of each recording unit, all facilities needed to serve the Unit shall
be guaranteed for construction with that Unit. These faciJities shall include but
not be limited to:
a.
b.
AlI circulation to s-e the Unit and to meet the cul-de-sac standard.
AU drainage facilities to serve the Unit to the satisfaction of tie City
Engineer.
C. All sewer and water facilities to the satisfaction of the District Engineer of
CMWD, and fire mains and fire hydrants to the satisfaction of the Fire
Marshal.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engu-reer and Planning Director.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of the City Council approval unless a final map is recorded in compliance with
Se&on 66452.6 of the Subdivision Map Act. An extension may be requested by
the applicant. Said extension shall be approved or denied at the discrerion of the
City Council. In approving an extension, the City Council may impose new
conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2)
Carlsbad Municipal Code.
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;0.
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The applicant shall pay the current local drainage area fee’prior to approval of the
final map for this project or shall construct drainage systems in conformance with
Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
Prior to final map approval the applicant shall pay all current fees and deposits
required.
Prior to approval of final map, the owner shall enter into an agreement with the
City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to final map
approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards.
Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the applicant shall submit to and receive
approval from the City Engineer for the proposed haul route. The applicant shall
comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
The owner 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.
The applicant shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
‘Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the first
f?inal map and in accordance with City Standards, the applicant shah install, or
agree to install and secure with appropriate .security as provided by law,
improvements shown on the tentative map and the following improvements: .
a. Along the subdivision frontage College Boulevard shall have half street
public improvements plus 14 feet of paving including full median and all
necessary drainage and utilities, based on a major arterial street with a total
right-of-way width of 102 feet.
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All required sewer mains and &u&lines to the satisfaction of the District
Engineer of the Carlsbad Municipal Water District.
Interim improvements to Carlsbad Village Drive adjacent to Viage “H” as
outlined in the Calavera Hills Master Plan and as shown on the tentative
map for Viage “H”, CT 90-19.
Sedimentation and drainage channel improvements adjacent to the
proposed Cannon Road in conformance with the requirements of the Zone
7 LFMP.
A full traffic actuated signal at Carlsbad Village Drive and College
Boulevard, as per Drawing 303-2, CT 83-32, Village “Q”.
Full improvements of Carkbad Village Drive from Glasgow Drive to College
Boulevard as per Drawing 303-2, CT 83-32, Village “Q”.
A note to this effect shall be placed on an additional map sheet on the final map
per the provisions of Section 66434.2 of the Subdivision Map Act. Improvements
listed above shall be constructed within 18 months of the secured improvement
agreement or such other time as provided in said agreement.
The developer shall dedicate an easement for traffic signal poles, equipment and
-sensor loops within Street “A” (private) to the satisfaction of the City Engineer on
the Final Map.
The final map shall show that all private streets are maintained by the
homeowners association induding curb, gutter, sidewa paving, street lights and
drainage facilities.
The final map shall show that all water lines and sewer lines are public and
maintained by the Carlsbad Municipal Water District.
The private streets shall be dedicated on the f5nal map as a general utility and
accesi easement.
An alI weather access road to the desiltation basin shown offsite on the Viage
“WXY’ site shall be provided to the satisfaction of the City Engineer.
The median in College Boulevard at the southerly project access and the exit from
this access shall be modified to prevent left tums from the project into College
Boulevard going south, to the satisfaction of the City Engineer.
‘ire Conditions:
14. Additional onsire public water and fire hydrants are required.
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Applicant shall submit a site plan to the Fire Department for approval, which
depicts location of required, proposed and existing public water mains and fxe
hydrants. The plan should include offsite fire hydrants within 200 feet of the
project.
An all-weather, unobstructed access road suitable for emergency service shall be
provided and maintained during construction. When in the opinion of the Fire
Chief, the access road has become unsenkable due to inclement weather or other
reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
Native vegetation which presents a tie hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
Landscape Manual. Applicant shall submit a Fire Suppression plan to the Fire
Department for approval, prior to approval of the fmal landscape plan.
The applicant shall provide a street map which conforms to the following
requirements: A 4-00 scale photo-reduction mylar, depicting proposed
improvements and at least wo existing intersections or streets. The map shall also
clearly depict street centerlines, hydrant locations and street names.
Buildings having an aggregate floor area exceeding 10,000 square feet shall be
protected by an automatic sprinkter.system if required by the Fire Marshal.
Water District Conditions:
‘1.
‘2.
‘3.
The entire potable water system., reclaimed water system and sewer system shall
be evaluated in detail to ensure that adequate capacity, pressure and flow demands
are met.
The developer shall be responsible for all fees, deposits and charges which will be
collected at time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for meter
installation.
Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection
requirements-
b. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
(1. Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for
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1 i I 1 ‘P
tiICHAEL J. HaZMiL@R
‘LANNING DIRECTOR
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4.
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potable, reclaimed and sewer systems prior to the preparation of
improvement plans.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determin es that adequate water service and sewer facilities are
available at the time of application for such water service and sewer permits will
continue to be available until the time of occupancy. This note shall be placed on
the final map.
The developer shall meet all conditions of the Zone 7 Local Facilities Management
Plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
ommission of the City of Carlsbad, California, held on the 15th day of December, 1993,
hy the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber,
Welshons, Savary and Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN None.
_-
BAILEY PLQBG, ,.Chair@%n
CARLSBAD PLANNING COMMISSION
,-i-TEST:
Betz,
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