HomeMy WebLinkAbout1997-09-02; City Council; Resolution 97-595‘I .‘ 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY COUNCIL RESOLUTION NO. 9 7 - 5 9 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND A PLANNED UNIT
DEVELOPMENT AMENDMENT AND GRANTING THE
APPEAL ON A TENTATIVE TRACT MAP, HILLSIDE
DEVELOPMENT PERMIT, AND SITE DEVELOPMENT PLAN
4 SECOND DWELLING UNITS ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF XANA WAY BETWEEN
CORINTIA STREET AND ALGA ROAD.
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: CT 96-04PUD 71(B)/HDP 96-04/SDP 96-07
WHEREAS, Okon Development Co., “Developer”, has filed a ver
application with the City of Carlsbad regarding property owned by Edgecrest Investments,
“Owner”, described as
TO DEVELOP 29 SINGLE-FAMILY DWELLING UNITS AND
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of the
County Recorder of said County
(“the property”); and
WHEREAS, on November 6, 1996, the Planning Commission held a (
noticed public hearing to consider a Negative Declaration, Tentative Tract Map (CT 96-
Planned Unit Development Permit Amendment (PUD 71(B)), Hillside Development Pe
(HDP 96-04), and Site Development Plan (SDP 96-07) to allow development of 29 sin
family dwelling units and 4 second dwelling units and adopted Planning Commis!
Resolutions No. 3999, 4000, 4001, 4002, and 4003 denying without prejudice the Tenta
Tract Map, Hillside Development Permit, and Site Development Plan, and recommending to
City Council approval of the Negative Declaration and denial without prejudice of the Plar
Unit Development Amendment; and
3, e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, the City Council of the City of Carlsbad, on the 28th da
January, 1997, held a public hearing to consider the recommendations of the Plan
Commission and the appeal of the Planning Commission's denial without prejudice 0:
Tentative Tract Map, Hillside Development Permit, and Site Development Plan, and hear
persons interested in or opposed to CT 96-04RUD 71(B)/HDP 96-04/SDP 96-07 (Exhibits '
"N", dated February 3, 1997, on file in the Planning Department) and voted to direct sta
prepare and circulate a new Mitigated Negative Declaration for the Revised Project propost
be approved and to prepare the necessary findings and conditions of approval to appro
Mitigated Negative Declaration, Tentative Tract Map, Planned Unit Development Amendn
Hillside Development Pennit, and Site Development Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci?
Carlsbad as follows:
A. That the above recitations are true and correct.
B. That the City Council approves the Mitigated Negative Declaration and ad(
the Mitigation Monitoring and Reporting Program.
C. That the City Council approves CT 96-04, PUD 71(B), HDP 96-04, and SDP
07 (Exhibits "A"-"N", dated February 3, 1997) subject to the following findi
and conditions.
Findings:
CEQA
1. The City Council of the City of Carlsbad has reviewed, analyzed and considered
Mitigated Negative Declaration, the environmental impacts therein identified for
project and any comments thereon, and the Mitigation Monitoring and Repo-
Program, on file in the Planning Department, prior to APPROVING the project. B;
on the EIA Part I1 and comments thereon, the City Council finds that there ir
substantial evidence the project will have a significant effect on the environment
hereby APPROVES the Mitigated Negative Declaration.
1 II L
)I \. 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. The City Council does hereby find that the Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program have been prepared in accordance
requirements of the California Environmental Quality Act, the State Guidelines ar
Environmental Protection Procedures of the City of Carlsbad.
3. The City Council finds that the Mitigated Negative Declaration reflects the indepe
judgment of the City Council of the City of Carlsbad.
4. The City Council finds that all feasible mitigation measures or project altern;
identified in the Mitigated Negative Declaration have been incorporated into or
conditions of the Revised Project.
General PladGrowth Management
5. The City Council finds that the project, as conditioned herein, is in conformance wi
Elements of the City’s General Plan, based on the following:
a. Land Use - The project is a residential development which will be bui
property designated for residential (RM) development by the General Plan 2
within the density allowed on the property (4-8 ddac) and is below the GI
Management Control Point (6 ddac).
b. Circulation - The project is consistent with the City’s General Plan sinc
proposed density of 5.89 ddacre is within the density range of 4-8 dl
specified for the site as indicated on the Land Use Element of the General
and is at or below the growth control point of 6 ddac, and the project pro
adequate circulation infrastructure to serve the population of the developmen:
c. Housing - That the project is consistent with the Housing Element of the Gc
Plan and the Inclusionary Housing Ordinance as the Developer has
conditioned to enter into an Affordable Housing Agreement to provide
dwelling units as affordable to lower-income households.
6. The project is consistent with the City-Wide Facilities and Improvements Plar
applicable local facilities management plan and all City public facility policief
ordinances since:
a. The project has been conditioned to ensure that the final map will not be app
unless the City Council finds that sewer service is available to serve the pr
In addition, the project is conditioned such that a note shall be placed on the
map that building permits may not be issued for the project unless the D.
Engineer determines that sewer service is available, and building cannot
within the project unless sewer service remains available, and the D
Engineer is satisfied that the requirements of the Public Facilities Element (
General Plan have been met insofar as they apply to sewer service for this prc
3
,. w 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
b. Statutory School fees will be paid to ensure the availability of school faciliti
the San Marcos School District. The San Marcos School District has wri8
letter, dated November 27, 1995, stating that school facilities will be availab
this project.
c. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are require
conditions of approval.
e. The Developer has agreed and is required by the inclusion of an appro1
condition to pay a public facilities fee. Performance of that contract and pay
of the fee will enable this body to find that public facilities will be avai
concurrent with need as required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any addit
requirements established by a Local Facilities Management Plan prepared pursua
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabili
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as part c
Local Facilities Management Plan for Zone 6.
9. That the habitat loss does not cumulatively exceed the 5% guideline established i:
Draft Conservation Guidelines of the Draft Natural Community Conservation
(NCCP), in that the impacted 10,000 square foot area is within the City’s 5%
allowance.
10. That the habitat loss will not preclude connectivity between areas of high habitat vi
in that the habitat area being impacted consists of 10,000 square feet of coastal sage I
which occurs at the outer periphery of a larger habitat area rather than at the center 1
area where the loss of habitat would be more important.
11. That the habitat loss will not preclude or prevent the preparation of the City’s Hi
Management Plan, in that the impact area has been designated as a developed area i
La Costa/Fieldstone HCP/OMSP and in the City’s Habitat Management Plan.
12. That the habitat loss has been minimized and mitigated to the maximum e
practicable in accordance with the mitigation established by the NCCP Guidelines, ir
the area of take has been reduced to the smallest amount possible (no more than 1t
square feet) while accommodating the project.
13. That the habitat loss will not appreciably reduce the likelihood of the survival
recovery of listed wildlife species in the wild, in that the take area is small (10,000 s(
feet), is on the periphery of a larger habitat area designated for development, an
gnatcatchers have been observed on this portion of the site.
4
I. 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
14.
15.
16.
17.
18.
19.
20.
21.
~ 22.
That the habitat loss is incidental to otherwise lawful activities, in that the applica
concurrently obtained conditional approval for all otherwise required devel01
permits, including a Tentative Tract Map, Planned Unit Development Amend
Hillside Development Permit, and Site Development Plan.
That the project is consistent with the City’s Landscape Manual, adopted by City Cc
Resolution No. 90-384.
HDP
That hillside conditions have been properly identified on the constraints map which
existing and proposed conditions and slope percentages.
That undevelopable areas of the project, i.e., slopes over 40%, have been pro
identified on the constraints map.
That the development proposal is consistent with the intent, purpose, and requireme]
the Hillside Ordinance, Chapter 21.95, in that the projected grading volume is withi
acceptable amounts, manufactured slopes will not exceed 30’ in height, and the bui
pads are stepped with the contours of the site.
That the proposed development or grading will not occur in the undevelopable portio
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Coc
that the steeper slope areas of the site are along the perimeter of the property and wil
contain structures.
That the project design substantially conforms to the intent of the concepts illustrat,
the Hillside Development Guidelines Manual, in that the project grading volume is m
acceptable amounts, there are no manufactured slopes exceeding 30’ in height, an1
roadway design is curvilinear.
PUD Amendment
That the granting of this permit will not adversely affect and will be consistent
Chapter 2 1.45 of Title 2 1, the General Plan, applicable specific plans, master plans,
all adopted plans of the City and other governmental agencies, in that the reside
project is consistent with the General Plan designation on the property (Residenl
Medium Density), is not within a Master Planned Community, complies with the il
of the Planned Development regulations and policies, and is consistent and compa
with the neighboring residential development of which it is an extension.
That the proposed use at the particular location is necessary and desirable to provi
service or facility which will contribute to the long-term general well-being of
neighborhood and the community, in that the project is consistent with the zo
(residential) on the property and is compatible with the existing neighboring reside
development.
5
w e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
23. That such use will not be detrimental to the health, safety, or general welfare of pel
residing or working in the vicinity, or injurious to property or improvements i1
vicinity, in that the proposed project satisfies all applicable requirements of the Ge
Plan, Title 21, and all other applicable regulations governing the design of the projecl
24. That the proposed Planned Development Amendment meets all of the mini
development standards set forth in Chapter 21.45.090, the design criteria set for
Section 21.45.080, and has been designed in accordance with the concepts contain
the Design Guidelines Manual, in that City Council has determined that the pror
design meets all standards and satisfies the intent of the design criteria by 1
consistent with and compatible with the existing neighboring development.
25. That the proposed project is designed to be sensitive to and blend in with the na
topography of the site, and maintains and enhances significant natural resources 01
site, in that the project minimizes the amount of grading necessary to develop the pr
and there are no significant natural resources on the subject site.
26. That the proposed project’s design and density of the developed portion of the s:
compatible with surrounding development and does not create a disharmonioc
disruptive element to the neighborhood, in that the project is an amendment to a I
portion of an existing approved project site and the density of the overall proje
consistent with the density allowed by the General Plan and is designed to be consi
and compatible with the existing neighboring residential development.
27. That the project’s circulation system is designed to be efficient and well integrated
the project and does not dominate the project, in that the circulation system will prc
adequate access to all units, adequate room for vehicular movement, 2-car garage
each unit for resident parking, and adequate guest parking in a manner which is dispc
throughout the project for maximum convenience, and the project utilizes curvil
street design and short private drives so that the street system does not dominatc
project.
28. That the requested use is properly related to the site, surroundings and environm
settings, is consistent with the various elements and objectives of the General Plan,
not be detrimental to existing uses or to uses specifically permitted in the area in M
the proposed use is to be located, and will not adversely impact the site, surroundin,
traffic circulation, in that the is consistent with the General Plan designation or
property (Residential - Medium Density), is not within a Master Planned Comrnu
complies with the intent of the Planned Development regulations, and is consistenl
compatible with the neighboring residential development of which it is an extension
provides adequate circulation to serve the development.
SDP
29. That the site for the intended use is adequate in size and shape to accommodate the u:
that the project design incorporates minimum 3800 square foot lot sizes, private y
adequate setbacks, and landscaping and any other features necessary to accommodat
use.
6
W e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30.
31.
32.
33.
34.
35.
36.
37.
~ I I
That all yards, setbacks, walls, fences, landscaping, and other features necessary to :
the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the project provides 15’ x 15’ private yards for
unit, adequate setbacks, and all landscaping and other features appropriate to the p
and is designed to be compatible with the neighboring residential development in g(
design and architecture.
That the street systems serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that the circulation system will provide adequate s
to all units, adequate room for vehicular movement, 2-car garages for each un
resident parking, and adequate guest parking in a manner which is dispersed thou
the project for maximum convenience.
CT
That the proposed map and the proposed design and improvement of the subdivisil
conditioned, is consistent with and satisfies all requirements of the General Plan
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the
Subdivision Map Act, and will not cause serious public health problems, in tk
project is designed to comply with all applicable subdivision and zoning requirer
and the site is not within an area governed by a specific plan.
That the proposed project is compatible with the surrounding future land uses
surrounding properties are designated for medium density residential development o
General Plan, in that the project is a residential project which has a density of 5.89 dl
That the site is physically suitable for the type and density of the development sinc
site is adequate in size and shape to accommodate residential development at the de
proposed, in that the project design incorporates minimum 3800 square foot lot I
private yards, adequate setbacks, and landscaping and any other features necessa
accommodate the use.
That the design of the subdivision or the type of improvements will not conflict
easements of record or easements established by court judgment, or acquired b!
public at large, for access through or use of property within the proposed subdivisic
that the project has been designed and structured such that there are no conflicts wit1
established easements.
That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passi
natural heating or cooling opportunities in the subdivision, in that the distance bet
structures is adequate and is consistent with the neighboring development and the
are oriented and located to allow adequate air circulation and sunlight for all units.
7
W 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
38. That the City Council has considered, in connection with the housing proposed bJ
subdivision, the housing needs of the region, and balanced those housing needs ag
the public service needs of the City and available fiscal and environmental resources.
39. That the design of the subdivision and improvements are not likely to cause subst;
environmental damage nor substantially and avoidably injure fish and wildlife or
habitat, in that there are no fish or wildlife or their habitat on the project site, an
project is conditioned to mitigate the only.potentia1 impact to habitat (that resulting
off-site grading).
40. That the discharge of waste fiom the subdivision will not result in violation of exi
California Regional Water Quality Control Board requirements, in that the drai
requirements of the project have been considered and appropriate drainage facilities
been designed, and the project will be required to comply with all applicable
Engineering Standards, the City’s Master Drainage Plan, and the National Poll
Discharge Elimination System (NPDES) standards.
41. The City Council has reviewed each of the exactions imposed on the Developer conti
in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts cause by or reasonably related to the project, and the extent an
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Planning:
1. The City Council does hereby APPROVE the Tentative Tract Map, Hi1
Development Permit, Planned Unit Development Amendment and Site Develop
Permit for the residential project entitled “Brookfield Meadows“. (Exhibits “A” -
dated February 3, 1997, on file in the Planning Department and incorporated by
reference, subject to the conditions herein set forth. Staff is authorized and direct1
make, or require the Developer to make, all corrections and modifications tc
Tentative Tract Map, Hillside Development Permit, Planned Unit Develop
Amendment and Site Development Permit documents, as necessary to make
internally consistent and in conformity with the final action on the project. Develop
shall occur substantially as shown on the approved Exhibits. Any proposed develop
substantially different fiom this approval, shall require an amendment to this approva
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy o
Tentative Map and Site Plan as approved by the final decision making body.
Tentative Map and Site Plan shall reflect the conditions of approval by the City.
Map and Plan copy shall be submitted to the City Engineer and approved pri~
building, grading, final map, or improvement plan submittal, whichever occurs first.
8
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
4.
5.
6.
7.
8.
9.
10.
11.
The final map shall not be approved unless the City Council finds as of the time oi
approval that sewer service is available to serve the subdivision.
Building permits will not be issued for development of the subject property unle:
District Engineer determines that sewer facilities are available at the time of applic
for such sewer permits and will continue to be available until time of occupancy. P
to this effect shall be placed on the final map.
The Developer shall pay the public facilities fee adopted by the City Council on Ju3
1987, (amended July 2, 1991) and as amended from time to time, and any develop
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun
Code or other ordinance adopted to implement a growth management system or Fac:
and Improvement Plan and to fulfill the subdivider’s agreement to pay the p
facilities fee dated November 11, 1995, a copy of which is on file with the City Clef
is incorporated by this reference. If the fees are not paid, this application will n
consistent with the General Plan and approval for this project will be void.
The Developer shall provide proof of payment of statutory school fees to mi
conditions of overcrowding as part of the building permit application. The amo~
these fees shall be determined by the fee schedule in effect at the time of building PI
application.
This project shall comply with all conditions and mitigation measures which are req
as part of the Zone 6 Local Facilities Management Plan and any amendments mal
that Plan prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or the pay
of any fees in-lieu thereof, imposed by this approval or imposed by law on this resid(
housing project are challenged this approval shall be suspended as provide
Government Code Section 66020. If any such condition is determined to be invalic
approval shall be invalid unless the City Council determines that the project withou
condition complies with all requirements of law.
This project shall comply with all conditions and mitigation measures which are req1
as part of the approved Mitigated Negative Declaration.
Prior to the issuance of the building permit, Developer shall submit to the City a N
of Restriction to be filed in the office of the County Recorder, subject to the satisfa1
of the Planning Director, notifying all interested parties and successors in interest thz
City of Carlsbad has issued a Planned Unit Development Amendment by Resolutior
Restriction shall note the property description, location of the file containing com]
project details and all conditions of approval as well as any conditions or restricl
specified for inclusion in the Notice of Restriction. The Planning Director has
authority to execute and record an amendment to the notice which modifies or termir
said notice upon a showing of good cause by the Developer or successor in interest.
97-595 on the real property owned by the Developer. Said Notic
9
.’ W 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
12. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior tl
approval of the final map, grading permit, or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plan:
maintain all landscaping in a healthy and thriving condition, free from weeds, trash
debris.
13. The first submittal of detailed landscape and irrigation plans shall be accompanied t:
project’s building, improvement, and grading plans.
14. Building identification and/or addresses shall be placed on all new and existing buil
so as to be plainly visible from the street or access road; color of identification a
addresses shall contrast to their background color.
15. The Developer shall display a current Zoning and Land Use Map in the sales office
times, or suitable alternative to the satisfaction of the Planning Director.
16. All sales maps that are distributed or made available to the public shall include but r
limited to trails, future and existing schools, parks and streets.
17. Prior to approval of the final map, the Developer shall be required: 1) to consult wi
United States Fish and Wildlife Service (USFWS) regarding the impact of the projc
the Coastal California Gnatcatcher, and 2) obtain any permits required by the US:
and 3) implement any mitigation measures which may be required by USFWS.
18. Prior to the approval of the final map for any phase of this project, or where a map
being processed, prior to the issuance of building permits for any lots or unit!
Developer shall enter into an Affordable Housing Agreement with the City to provid
deed restrict four (4) attached second dwelling units (including units on Lots 10, 1d
and 21) as affordable to lower-income households for the useful life of the dwelling
in accordance with the requirements and process set forth in Chapter 21.85 c
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be subr
to the Planning Director no later than 30 days after the date of approval of the pr
The recorded Affordable Housing Agreement shall be binding on all fbture owner
successors in interest.
19. The Developer shall construct the required inclusionary units concurrent wit‘
project’s market rate units, unless both the final decision making authority of the Cit
the Developer agree within an Affordable Housing Agreement to an alternate sch
for development.
20. Prior to the approval of the final map or the issuance of building permits, whic
occurs first, the Developer shall accomplish the annexation ,of the subdivision in1
existing Brookfield Homeowners’ Association or provide the required recreation a
site, subject to the approval of the Planning Director.
10
*‘ w 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
21. Prior to the approval of the final map or the issuance of building permits, whic!
occurs first, the Developer shall enter into an agreement which provides in perpet1
minimum of 580 square feet of recreational vehicle (RV) storage area off site for u
the ownersh-esidents of the subdivision subject to the approval of the Planning Direci
Engineering:
22. There shall be one final subdivision map recorded for this project.
23. Unless specifically stated in the condition, all of the following engineering cond:
upon the approval of this proposed major subdivision must be met prior to approva
final map.
24. The developer shall provide an acceptable means for maintaining the private easer
within the subdivision and all the private streets, sidewalks, street lights, storm
facilities and sewer facilities located therein and to distribute the costs of
maintenance in an equitable manner among the owners of the properties withir
subdivision. Adequate provision for such maintenance shall be included with the CC
subject to the approval of the City Engineer.
25. All concrete terrace drains shall be maintained by the homeowner’s association (
commonly owned property) or the individual property owner (if on an individ
owned lot). Prior to approval of the final map, the developer shall provide, subject t
satisfaction of the City Engineer, easement documentation that identifies
responsibilities and provisions for maintenance of concrete terrace drains.
26. The developer shall defend, indemnify and hold harmless the City and its agents, oA
and employees from any claim, action or proceeding against the City or its a€
officers or employees to attack, set aside, void or null an approval of the City
Planning Commission or City Engineer which has been brought against the City a
the time period provided for by Section 66499.37 of the Subdivision Map Act,
27. Prior to hauling dirt or construction materials to or from any proposed constructio~
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all conditions
requirements the City Engineer may impose with regards to the hauling operation.
28. Rain gutters must be provided to convey roof drainage to an approved drainage cour
street on lots specified by the City Engineer at time of building permit.
29. The developer shall dedicate sight distance corridors to the Homeowners Associatic
all street intersections to the satisfaction of the City Engineer and shall place
following statement on a non-mapping sheet of the Final Map:
I “No structure, fence, wall, tree, shrub, sign or other object over 30 inches above the I
level may be placed or permitted to encroach within the area identified as a sight disl
corridor in accordance with City Standard Public Street-Design Criteria, Section 8
The Homeowners Association shall maintain this condition.”
11
.( 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30.
31.
32.
33.
34.
35.
36.
37.
The developer shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement holding the City han
regarding drainage across the adjacent property.
The owner shall execute a hold harmless agreement for geologic failure.
Upon completion of grading, the developer shall ensure that an “as-graded” geologic
is submitted to the City Engineer. The plan shall clearly show all the geology as ex1
by the grading operation, all geologic corrective measures as actually constructec
must be based on a contour map which represents both the pre and post site grading.
plan shall be signed by both the soils engineer and the engineering geologist. The
shall be prepared on a 24” x 36” mylar or similar drafting film and shall beco~
permanent record.
No grading for private improvements shall occur outside the limits of the subdiv
unless a grading or slope easement or agreement is obtained from the owners o
affected properties and recorded. If the developer is unable to obtain the grading or I
easement, or agreement, no grading permit will be issued. In that case the developer
either amend the tentative map or modify the plans so grading will not occur outsid
project site in a manner which substantially conforms to the approved tentative m;
determined by the City Engineer and Planning Director.
The developer shall pay their prorated share of the cost to construct Rancho San1
Road from La Costa Avenue to Melrose Drive. If prior to final map approval, the
has not adopted a financing mechanism for the construction of said Rancho Sant
Road improvements, the developer shall enter into an agreement to prepay their fair I
cost of said improvements and further agreeing to consent to the formation
Community Facilities District or other funding mechanism required to finance
construction of said improvements.
Direct access rights for all lots abutting Corintia Street shall be waived on the final m
The developer shall comply with the City’s requirements of the National Poll1
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the “California Storm Water Best Manage]
Practices Handbook” to reduce surface pollutants to an acceptable level prior to disc1
to sensitive areas. Plans for such improvements shall be approved by the City Engi:
Said plans shall include, but not be limited to, notifying prospective owners and ten
of the following:
a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives and other
fluids shall not be discharged into any street, public or private, or into storm c
12
., 0 a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
or storm water conveyance systems. Use and disposal of pesticides, fungi
herbicides, insecticides, fertilizers and other such chemical treatments shall
federal, state, county and city requirements as prescribed in their respl
containers.
c. Best Management Practices shall be used to eliminate or reduce surface poll
when planning any changes to the landscaping and surface improvements.
38. Plans, specifications and supporting documents for all public improvements SIX
prepared to the satisfaction of the City Engineer. In accordance with City Standard
developer shall install, or agree to install and secure with appropriate security as pro
by law, improvements shown on the tentative map and the following improvements:
Half width plus 12’ street improvements to Corintia Street along the project fro
from Xana Way to the western boundary of the subdivision. Improvements shall in
curb, gutter, sidewalk, street lights and paving.
A list of the above improvements shall be placed on an additional map sheet on the
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvel.
listed above shall be constructed within 18 months of approval of the sec
improvement agreement or such other time as provided in said agreement.
39. The design of all private streets and drainage systems shall be approved by the
Engineer. The structural section of all private streets shall conform to City of Car
Standards based on R-value tests. All private streets and drainage systems sha
inspected by the City. The standard improvement plan check and inspection fees sh
paid prior to approval of the final map for this project.
40. The project is subject to all applicable provisions of local ordinances including, bt
limited to, the following:
The developer shall exercise special care during the construction phase of this proje
prevent offsite siltation. Planting and erosion control shall be provided in accord
with the Carlsbad Municipal Code and the City Engineer’s approval.
Fire:
41. Applicant shall submit a site plan to the Fire Department for approval, which de
location of required, proposed and existing public water mains and fire hydrants.
plan shall include offsite fire hydrants within 200 feet of the project.
42. Applicant shall submit a site plan depicting emergency access routes, driveways
traffic circulation for Fire Department approval.
43. An all weather, unobstructed access road suitable for emergency service vehicles sha
provided and maintained during construction. When in the opinion of the Fire Chief
13
*. 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require that construction operations cease unti
condition is corrected.
44. All required water mains, fire hydrants and appurtenances shall be operational b
combustible building materials are located on the construction site.
45. Prior to building occupancy, private roads and driveways which serve as required a
for emergency service vehicles shall be posted as fire lanes in accordance wit1
requirements of section 17.04.020 of the Carlsbad Municipal Code.
46. Native vegetation which presents a fire hazard to structures shall be modified or rem
in accordance with the specifications contained in the City of Carlsbad’s Land!
Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Department for approval prior to issuance of building permits.
47. Prior to occupancy of buildings, all wildland he1 mitigation activities must be coml
and the condition of all vegetation within 60 feet of structures found to be in conforn
with an approved wildland he1 management plan.
48. The applicant shall provide a street map which conforms to the following requiren
A 400 scale photo-reduction mylar, depicting proposed improvements and at leas
existing intersections or streets. The map shall also clearly depict street center
hydrant locations and street names.
General:
49. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1:
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance 1
future building permits; deny, revoke or further condition all certificates of OCCUI
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violatior
vested rights are gained by Developer or a successor in interest by the City’s appro7
this Mitigated Negative Declaration, Tentative Tract Map, Planned Unit DeveloF
Amendment, Hillside Development Permit, and Site Development Plan.
Code Reminders:
50. This project is subject to all applicable provisions of local ordinances, including bl
limited to the following code requirements.
51. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
52. The Developer shall pay a landscape plan check and inspection fee as required by Sc
20.08.050 of the Carlsbad Municipal Code.
14
W 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~
53. The Site Development Plan approval shall become null and void if building permit
not issued for this project within 24 months from the date of project approval.
54. Approval of this request shall not excuse compliance with all applicable sections a
Zoning Ordinance and all other applicable City ordinances in effect at time of bui
permit issuance, except as otherwise specifically provided herein.
55. The Developer shall submit a street name list consistent with the City’s street 1
policy subject to the Planning Director’s approval prior to final map approval.
56. Prior to occupancy of the first dwelling unit the Developer shall provide all req
passive and active recreational areas per the approved plans, including landscapini
recreational facilities.
57. All landscape and irrigation plans shall be prepared to conform with the Land!
Manual and submitted per the landscape plan check procedures on file in the Plal
Department.
Notice
This action is final the date this resolution is adopted by the City Council.
provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Jud
Review” shall apply:
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is govern1
Code of Civil Procedure, Section 1094.6, which has been made applicable in the C
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper se,
judicial review must be filed in the appropriate court not later than the nineteentl
following the date on which this decision becomes final; however, if within ten days
the decision becomes final a request for the record of the deposit in an amount suff
to cover the estimated cost or preparation of such record, the time within such pe
may be filed in court is extended to not later than the thirtieth day following the &
which the record is either personally delivered or mailed to the party, or his attorn
record, if he has one. A written request for the preparation of the record a
proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad V
Drive, Carlsbad, California 92008.’’
~
15
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
I
28
0
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Co
of the City of Carlsbad, California, on the 2nd day of SEPTEMBER, 1997, by the folk
vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ATTEST:
& pfl
ALETHA L. RAUTENKFUNZ, City Clerk
(SEN.)
~
16