HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57591
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PLANNING COMMISSION RESOLUTION NO. 5759
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE A 119.85 ACRE SITE INTO 43 RESIDENTIAL
LOTS, AND ONE 19.3 ACRE REMAINDER PARCEL ON
PROPERTY GENERALLY LOCATED EAST OF COLLEGE
BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN
LOCAL FACZLITIES MANAGEMENT ZONE 15.
CASE NAME: HOLLY SPRINGS
APPROVAL OF CARLSBAD TRACT CT 00-21 TO
LOTS, SIX OPEN SPACE LOTS, FOUR HOA-MAINTAINED
CASE NO.: CT 00-21
WHEREAS, David M. Bentley, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Holly Springs, Ltd. “Owner,” described
as
Those portions of Lots “D” and “E” of Rancho Agua
Hedionda, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof no. 823, filed in the
Office of the County Recorder of San Diego, November 16,
1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “0” dated October 20, 2004, on file in the Planning
Department HOLLY SPRINGS - CT 00-21, as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of HOLLY SPRINGS - CT 00-21, based on
the following findings and subject to the following conditions:
Findings:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
project is consistent with all requirements of Titles 20 and 21 governing lot size and
configuration and has been designed to comply with all applicable City regulations,
including the General Plan and the Sunny Creek Specific Plan (SP 191).
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for open space and residential development on
the General Plan with a comparable density.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all required development standards and design criteria required by
the applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned such that there are no conflicts
with established easements.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the lots are oriented to
allow for solar exposure and take advantage of prevailing breezes.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project will implement all required mitigation measures contained
in EIR 02-02 and the Mitigation Monitoring and Reporting Program for the
Cantarini Ranch/Holly Springs Joint EIR.
PC RES0 NO. 5759 -2-
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9.
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That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan SP-191
based on the facts set forth in the staff report dated October 20, 2004, incorporated
herein by reference.
a. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 0.47 du/ac is within the density range of 0 - 4 du/ac
(RLM) specified for the site as indicated in the Land Use Element of the
General Plan. The Open Space (OS) land use designation is being applied to
the hardline preserve areas, consistent with the City’s draft Habitat
Management Plan.
The project’s proposed density is below the Growth Management Control
Point of 2.88 assigned to properties within SP 191 and 3.2 du/ac for other
RLM designated properties used for the purpose of calculating the City’s
compliance with Government Code Section 65584. However, consistent with
Program 3.8 of the City’s certified Housing Element, all of the dwelling units,
which were anticipated toward achieving the City’s share of the regional
housing need that are not utilized by developers in approved projects, are
deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling
units are available for allocation to other projects. Accordingly, there is no
net loss of residential unit capacity and there are adequate properties
identified in the Housing Element allowing residential development with a
unit capacity, including second dwelling units, adequate to satisfy the City’s
share of the regional housing need.
b. Circulation - The project will be required to construct new public streets
from College Boulevard in order to provide access to the site.
c. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the developer has been
conditioned to enter into an Affordable Housing Agreement to provide eight
(8) affordable housing units in the Cantarini Ranch combined off-site
affordable housing project in order to satisfy its 15% inclusionary housing
requirement.
d. Open Space and Conservation - The proposed open space preserve areas are
“equal to or better’’ than the “hardline areas” identified in the City’s draft
Habitat Management Plan and these open space areas will be managed by an
appropriate conservation entity with adequate funds for long-term biological
management consistent with the HMP.
PC RES0 NO. 5759 -3 -
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The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 15 as amended herewith and all City public
facility policies and ordinances. The project includes elements or has been conditioned to
construct or provide funding to ensure that all facilities and improvements regarding:
sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b.
c.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project has been conditioned 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 has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 15.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards.
The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
PC RES0 NO. 5759 -4-
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That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for
approval by the Park and Recreation Director prior to construction. Construction shall be
inspected to ensure conformity with the Standards for Design and Construction of Public
Works Improvements in the City of Carlsbad (“Standards”); Trail Construction
Standards; and the approved plans.
That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the panhandle lot configuration is desired to
reduce grading impacts to sensitive vegetation communities, to maintain the natural
topography and ridgelines of the property, and to provide a rural estate character in
accordance with the Sunny Creek Specific Plan.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that the proposed public streets provide access to adjacent properties and
the lot sizes are such that no future subdivisions will occur.
That the buildable portion of Lots 6,8,23, and 24, excluding the panhandle, consists of
over one-half acre, which meets the requirements of Section 21.10.080(c) of the
Carlsbad Municipal Code.
That the front, side, and rear property lines of the buildable lot, for purposes of
determining required yards, are as shown on Exhibits “E and F.”
That any panhandle lot hereby approved satisfies all the requirements of Section
21.1 O.OSO(d) of the Carlsbad Municipal Code.
That the subdivision is consistent with the development standards of SP 191
including: 1) preserving the rural and natural characteristics of the area; 2)
designing property lines in keeping with the natural terrain by following natural
drainage courses, ridge lines and tops of graded slopes, wherever practicable; and 3)
by creating buildable lots with usable access without undue alteration of the terrain.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they .are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
PC RES0 NO. 5759 -5-
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hture building permits; deny, revoke or hrther condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer shall implement, or cause the implementation of, the Cantarini RanchlHolly
Springs Joint EIR (EIR 02-02) Project Mitigation Monitoring and Reporting Program.
Developer shall implement, or cause the implementation of, the Calavera Hills Master
Plan Phase 11, Bridge and Thoroughfare District No. 4, and Detention Basins EIR
(EIR 98-02) Project Mitigation Monitoring and Reporting Program for the construction
of College Boulevard Reach A, bridge over Agua Hedionda Creek, Basin BJ, and
associated drainage improvements.
Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to Planning Department a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
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Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and
Reporting Program, LFMP 15(C), GPA 00-06, ZC 00-09, and HDP 00-12, and is
subject to all conditions contained in Planning Commission Resolutions No. 5749,5750,
5757,5758, and 5760 for those other approvals incorporated herein by reference.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
Prior to the recordation of the Final Map(s), the Developer shall execute a document or
documents, to the satisfaction of the Planning Director and the City Attorney, in relation
to the open space habitat Lots 10,18,27,47,48 and 53 to ensure the following:
a. Select a conservation entity, subject to the approval by the Planning Director, that
possesses the necessary qualifications to hold title to the open space lots and
ensure management of the open space lots for Conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the
Planning Director for estimating the costs of management and monitoring of the
open space lots in perpetuity.
Based on the results of the PAR, provide a non-wasting endowment, or other
financial mechanism acceptable to the Planning Director and Wildlife Agencies,
to the selected conservation entity in an amount sufficient for management and
monitoring of the open space lots in perpetuity.
Transfer fee title to the open space lots to the selected conservation entity, or
execute a document to ensure the future transfer of ownership of the open space
lots along with the non-wasting endowment, to the City or its designee, to provide
b.
c.
d.
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for the management, monitoring, and conservation of the open space lots in
perpetuity consistent with the Carlsbad HMP.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species, The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any an all
approvals for this project shall become null and void.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide
eight (8) affordable housing units in the Cantarini Ranch 80-unit apartment housing
project in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted
to the Planning Director no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. Native plants shaIl be used adjacent to
the open space areas to the greatest extent feasible.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
PC RES0 NO. 5759 -8-
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a.
b.
C.
d.
General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
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e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit -.
f. An exhibit shall be provided to each property owner showing the fire
suppression zones, approved fence locations, and maintenance responsibility
area for their lot.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
# 17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the future sales office at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future
and existing schools, parks and streets.
Developer shall post a sign in the future sales office in a prominent location that
discloses which special districts and school district provide service to the project. Said
sign shall remain posted until ALL of the units are sold.
Prior to the recordation of the first final tract map, the Developer shall prepare and record
a Notice that this property is subject to overflight, sight and sound of aircraft operating
from McClellan-Palomar Airport, in a form meeting the approval of the Planning
Director and the City Attorney (see Noise Form #2 on file in the Planning Department).
Developer shall post aircraft noise notification signs in all future sales and/or rental
offices associated with the new development. The number and locations of said signs
shall be approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
Prior to the recordation of the first final tract map, the Developer shall prepare and
record a notice that this property is in proximity to Carlsbad Unified School District
land, located at the northeast intersection of College Boulevard and Cannon Road,
and that this property may be developed as a future school facility. Such notice
shall be prepared in a form meeting the approval of the Planning Director and City
Attorney.
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, 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 Tract Map and Hillside Development Permit by Resolutions No. 5759 and
5760 on the property. 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.
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The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Developer shall dedicate on the final map, an open space easement for those portions of
Lots 10, 18,27, 47,48 and 53 which are (in slopes, wetlands, coastal sage scrub or other
constrained land plus all other lands set aside as part of the Citywide Open Space System)
to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits
bbAV - 660.79
Removal of native vegetation and development of Open Space Lots 10, 18, 27, 47, 48
and 53, including but not limited to fences, walls, decks, storage buildings, pools, spas,
stairways and landscaping, other than that approved as part of this approval, as shown on
the Tentative Tract Map and Landscape Concept Plan and as recommended in the
Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) and Mitigation and
Monitoring Report, is specifically prohibited, except upon written order of the Carlsbad
Fire Department for fire prevention purposes, or upon written approval of the Planning
Director, based upon a request from the Homeowners Association accompanied by a
report from a qualified arboristhotanist indicating the need to remove specified trees
and/or plants because of disease or impending danger to adjacent habitable dwelling
units. For areas containing native vegetation the report required to accompany the request
shall be prepared by a qualified biologist.
Prior to approval of the final maps, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the
Pedestrian Circulation and Trail Plan within Open Space Lots 10 and 47. If the City
of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a
public trail and will be the maintenance and liability responsibility of the City of
Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail
shall still be constructed but it shall be constructed as a private frail for public use and
the obligation for acceptance, construction, maintenance and liability shall be the
responsibility of the Homeowners Association or selected open space conservation
entity.
Concurrent with recordation of the final map, the Developer shall record a
permanent easement for public use of all community trails, including DG trails,
asphalt walkways, and meandering sidewalks which occur on privately owned lots
or HOA lots.
Prior to the approval of a final map the Developer shall pay to the City a Trail Plan
Check fee and inspection fee in accordance with the current city fee schedule.
Concurrent with recordation of the final map, the developer shall record a covenant
of easement for private landscape purposes on the privately owned lots to allow
HOA maintenance of landscape slope areas and fire suppression zones as shown on
the Tentative Map and Maintenance Responsibility exhibit, subject to approval of
the Planning Director and City Engineer.
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The location of the sidewalks and DG trails shown on the conceptual Pedestrian
Circulation and Trail Plan may be modified, subject to the approval of the Planning
Director, City Engineer, and Trails Manager, for the purpose of providing a
continuous DG loop trail throughout the Cantarini Ranch and Holly Springs
developments, provided that sidewalks are located on one side of the street.
A final map for Phase VI, allowing the subdivision of residential Lots 49-52 and
Open Space Lot 53, shall not be recorded until the agricultural land contained in
Lot 53 has been revegetated to native habitat in accordance with the mitigation
measures contained in EIR 02-02.
A temporary open space easement shall be recorded on Lots 49 through 52
restricting the development of the lots until the agricultural uses on Lot 53 cease and
Lot 53 is revegetated with native species, according to the provisions in the
Mitigation and Monitoring Plan for the Development of the Cantarini and Holly
Springs Properties.
A deed restriction shall be recorded on all lots bordering protected open space
prohibiting direct access and restricting the use of any invasive plants adjacent to
the open space area.
Brush clearing in the fuel management zone shall be done by hand and no grubbing
or other subsurface-disturbing brush removal shall be done. If machinery is used,
or if subsurface disturbance will occur from brush removal, additional mitigation
will be necessary in the fuel management zone. Disturbance within the open space
easement portion of the site is not permitted.
Prior to the issuance of building permits, a Site Development Plan shall be approved
for the architecture and plotting of units in the event that future homes are
proposed to be constructed as production homes, rather than individual custom
home lots.
Fence and wall locations may be modified, subject to approval of the Planning
Director and Fire Marshall. Modified rear-yard fence locations shall not extend
into Fire Suppression Zones 2 or 3.
All predation fencing and theme wall fencing shall be installed concurrently with
development.
Engineering
General
41. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: storm water quality units, drainage swales/concrete-lined
ditches, and trail facilities located therein and to distribute the costs of such maintenance
in an equitable manner among the owners of the properties within the subdivision.
This project is approved for up to six (6) Final Maps for the purposes of recordation in
the order of phasing shown on the tentative map. Map Phases 1-5 shall be submitted,
processed and recorded concurrently, unless otherwise approved by the City
Engineer and the Planning Director. Phase 6 may be submitted, processed and
recorded at a later date, provided no grading is proposed prior to Phase 6 map
recordation.
If Developer desires to record a Final Map out of the phase approved on the tentative
map, the new phasing may be approved or conditionally approved by the City Engineer
and Planning Director if they are satisfied that public infrastructure necessary to
support each phase of development is in place or secured to the satisfaction of the
City Engineer.
Developer shall cause property owner to submit for, process and receive approval of
a Lot Line Adjustment (ADJ 00-14) that adjusts the boundary of the subdivision to
match that as shown on the Tentative Map. The Lot Line Adjustment shall be
recorded prior to submittal of the first Final Map for this project. The Lot Line
Adjustment shall be prepared to the satisfaction of the City Engineer.
No final map, grading or improvement permits shall be issued or approved until the
public street and public utility improvements that serve this project are dedicated,
secured, and constructed to the satisfaction of the City Engineer. These improvements
consist of, but are not limited to, College Boulevard street and public utility
improvements from its existing terminus near El Camino Real to Cannon Road,
College Boulevard bridge, Basin BJ, ‘A’ Street, ‘J’ Street, ‘M’ Street, and ‘C’ Street
all as shown on the Tentative Map for CT 00-18.
The final map for this project shall not record in advance of the final map for CT
00-18, as the improvements for this project are contingent on CT 00-18 constructing
them, unless otherwise approved by the City Engineer.
This project is subject to approval of CT 00-18 and is subject to all conditions,
which are incorporated herein by reference.
Developer is responsible to pay prevailing wage on all work that is subject to
reimbursement by public funds in accordance with State Law.
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FeedAgreements
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Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
This project shall be annexed into City of Carlsbad Street Lighting and
Landscaping District No. 2 (SL & LD #2). Prior to approval of any grading, building
permits or final map for this project, Developer shall cause Owner to execute an
Agreement to annex the subject property into City of SL & LD #2. The Agreement
shall be in a form approved by the Assistant City Finance Director and the City
Attorney. Developer shall pay all fees necessary to annex the property into SL &
LD #2.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the Tentative Map over Lots 1-4, 6,7,9, 15,22-26,31-35,38,
39,40,41,42, and 49-51. The deed restriction document shall be in a form acceptable to
the City Engineer and shall:
a. Clearly delineate the limits of the drainage course;
b. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
c. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
Prior to final map approval, the Developer shall develop and agree to the formation
of a comprehensive financing program guaranteeing the construction of the core
improvements for Cannon Road Reach 4A in accordance with the requirements of
the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road
Reach 4A extends east from the intersection with College Boulevard approximately
900 feet. The core improvements consist of full width grading, two 18-ft paved lanes,
median curbs, drainage facilities required to protect the roadbed, and transition
improvements to full City standard intersection improvements at the intersection
with College Boulevard. The financing program guarantee must also address the
acquisition of the right-of-way (ROW) for the road, slope and drainage easement in
addition to the design, construction and environmental mitigation measures.
The City is currently in the process of updating its Master Drainage and Water
Quality Management Plan (Master Drainage Plan) and associated Planned Local
Drainage Area (PLDA) fees. Prior to final map approval the developer shall pay the
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current PLDA fee, and/or receive appropriate credits for any Master Drainage Plan
facility improvements installed by Developer as a condition of this project, and enter
into an agreement with the City to pay the increase in the PLDA fee, if any, at the
time City Council approves the updated Master Drainage Plan and associated
PLDA fee.
Grading
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Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
Developer shall prepare, process and record a covenant of easement for private
sewer purposes over Lot 25 for the benefit of Lot 30. The covenant of easement
shall be prepared to the satisfaction of the City Engineer.
Developer shall prepare, process and record a covenant of easement for private
sewer purposes over Lot 24 for the benefit of Lot 31. The covenant of easement
shall be prepared to the satisfaction of the City Engineer.
Developer shall obtain a precise grading permit(s), in addition to rough grading
permits, within this subdivision to the satisfaction of the City Engineer.
Subsequent grading permits will be required for lots not graded per this Tentative
Map. These include, but are not limited to, Lots 4, 5, 6, 7, 8, and 9. Grading
permits shall be processed to the satisfaction of the City Engineer.
Developer shall obtain a separate grading permit for Phase 6 grading (Lots 49-52) to
the satisfaction of the City Engineer.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
No grading for improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If Developer is
unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
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and obtain a finding of substantial conformance from both the City Engineer and
Planning Director.
Dedicationsflmprovements
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Developer shall cause Owner to execute a covenant of easement for private ingress,
egress and private underground utilities over the lots that share common driveways
including Lots 23 and 24 as shown on the Tentative Map. The obligation to execute and
record the covenant of easement shall be shown and recording information called out on
the Final Maps.
Developer shall dedicate emergency access and fire lane easements over the common
shared driveways on the final map to the satisfaction of the Fire Marshal and City
Engineer.
Prior to the first Final Map approval, all public infrastructure, including but not
limited to public streets and underground utilities as shown on the Tentative Map,
shall be designed, processed and approved to the satisfaction of the City Engineer
with security posted.
Developer shall construct all shared common driveways (Lots 23 and 24), including
underground service laterals, concurrent with the construction of public streets
within this subdivision.
Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
all public streets and other easements shown on the Tentative Map. The offer shall be
made by a certificate on the Final Maps. All land so offered shall be offered free and
clear of all liens and encumbrances and without cost. Streets that already public are not
required to be rededicated.
Developer shall cause Owner to make an irrevocable offer of dedication (IOD) to the City
for the trail easements necessary to encompass the proposed trails as shown on the
Tentative Map and Pedestrian Circulation and Trails Plan. The offer shall be made by
a certificate on the final maps. All land so offered shall be offered free and clear of all
liens and encumbrances and without cost. Streets that are already public are not required
to be rededicated. The City Trails Manager shall decide whether the IOD for trails
will be accepted or rejected prior to approval of the final map.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the Tentative Map and the following improvements including, but not limited to paving,
base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards
PC RES0 NO. 5759 -16-
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and to the satisfaction of the City Engineer. The improvements are:
a. Public street and public utility improvements for ‘Q’ Street, ‘R’ Street, ‘S’
Street, and a portion of ‘N’ Street as shown on the Tentative Map.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Developer shall cause Owner to waive direct access rights on the final map for:
a.
b.
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d.
Lots 4 and 9 abutting ‘P’ Street, excepting the access from ‘Q’ Street.
Lots 11 abutting ‘P’ Street, excepting the access from ‘R’ Street.
Lots 19,29,28, and 36 abutting ‘P’ Street.
Lots 42 abutting ‘M’ Street, excepting the access from ‘N’ Street.
Access shall be waived on the final map to the satisfaction of the City Engineer.
Developer shall dedicate a public pedestrian access easement over Lots 19, 29, 28,
and 36 than encompass the proposed meandering sidewalk. Said easement shall be
dedicated on the final map to the satisfaction of the City Engineer.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities within the subdivision boundary.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook” to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
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78.
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c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
provide calculations to verify numeric sizing criteria is met;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
g.
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80. Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs may consist of a
San Diego Regional Standard Drawing D-41 energy dissipator, or other means deemed
appropriate, to the satisfaction of the City Engineer.
Final Map Notes
81. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A.
B.
C.
D.
Water
All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Public street improvements within ‘Q’ Street, ‘R’ Street and ‘S’ Street
and a portion of ‘N’ Street, all as shown on the Tentative Map.
2. Potable Water mains and appurtenances, all as shown on the
Tentative Map.
3. Sewer mains and appurtenances, all as shown on the Tentative Map.
This subdivision contains a remainder lot. No building permit shall be issued for
the remainder lot until it is further subdivided pursuant to the provisions of Title
20 of the Carlsbad Municipal Code.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
82. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to verify all fire protection measures (fire flows, fire hydrant locations, building
sprinklers) required to serve the project. All fire hydrants shall be served by public water
mains to the satisfaction of the District Engineer.
83. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieao County Water
Authority capacity charae(s1 prior to issuance of Building Permits.
Concurrent with the submittal of the improvement plans, Developer shall prepare a
colored recycled water use map and submit this map to the District Engineer for approval.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer and the
Planning Director.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
The Developer shall provide separate potable water meters for each lot.
Developer shall submit design drawings prepared by a Registered Engineer for the
construction of potable water mains service laterals, meters and appurtenances
required to serve the project. Said plans shall be prepared to the satisfaction of the
District Engineer.
Developer shall provide a pressure (booster) pump station to serve the recycled
water needs of those areas where the existing recycled water pressure is insufficient
to serve the projected needs, unless approved otherwise by the City Engineer. A
pressure pump station shall be provided to the satisfaction of the City Engineer.
Future homes on lots that are impacted by the Fire Protection Zones shall be
required to be constructed to 1-hour fire rated exterior walls and features, in
conformance with the Building Code. Please contact the Carlsbad Fire Department
for approved materials and methods. The lots are identified as: Lots 1 through 3,5
through 9, 11 through 15, 21 through 23, 32 through 35, 38 through 46, and 49
through 52.
All subsequent submittals shall indicate that these lots are conditioned by adding
the suffix “FR” to the lot designator and shall be noted by lot numbers on the title
page of the working drawings.
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94.
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The following lots shall be required to have installed an approved automatic fire
sprinkler system. This condition is set forth as the Fire Department access is in
excess of the established limits of CFC Article 9. The lots to be conditioned are
identified as: Lots 6 through 8,23 through 25,34,35,and 38 through 42.
All subsequent submittal Title Sheets shall indicate that these lot numbers are
conditioned and state “Fire Sprinkled.”
Fire sprinklers for future residences are required under the following conditions:
In accordance with Chapter 9 of the California Fire Code, the centermost portion of
the rear first floor of any residence, measured in an approved manner from the
nearest public street exceeding one-hundred and fifty (150) feet shall be protected
with an approved automatic fire sprinkler system in conformance with NFPA
Standard 13D.
The following item shall be included in the CC&Rs:
The maintenance of common areas and fuel modification areas shall be submitted to
the Fire Department for review and approval.
Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot
clearance from combustible vegetation is required. There shall be no combustible
or wood fencing within 100 feet of native undisturbed vegetation (F.3-6).
No patio covers, decks or similar structures to homes shall occur within the first
twenty (20) feet of the afore mentioned sixty (60) foot fuel modification zone unless
fire rated or heavy timber materials are utilized and approval of said materials shall
be obtained prior to installation from the Building Department.
In accordance with the City’s adopted landscape manual, unless the 60-foot fuel
modification zone begins at the property line, Section F.3-2 prohibits tree and
shrubs in the first twenty (20) feet of the sixty (60) foot zone.
No more than 20 units may be constructed in any phase without providing two
points of access, unless otherwise approved by the Fire Chief or hisher designee.
Code Reminders
101. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
102. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
103.
PC RES0 NO. 5759 -21-
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and approval of the
Planning Director prior to installation of such signs.
The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the Tentative Map are for planning purposes only. Developer shall pay
traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the
City of Carlsbad Municipal Code, respectively.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative parcel map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
PC RES0 NO. 5759 -22-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
--
ARANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\-p.uxLo*&
MICHAEL J. H%Z&LER
Planning Director
PC RES0 NO. 5759 -23-