HomeMy WebLinkAboutCT 14-10; Lennar Homes of California Inc; 2018-0282609; CovenantRECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
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DOC# 2018-0282609
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Jul 11, 2018 03:04 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $116.00 (SB2 Atkins $0.00)
PAGES 35
Space above this line for Recorder's use
Poinsettia 61
Covenant Regarding Annexation
(Lots 1 to 10 of City of Carlsbad Map CT 14-10)
This Covenant Regarding Annexation (the "Agreement") is entered into on
,jd.Y'.\Q,.,: 2 \ -s.\--, 2--o} 'g , 2018, by and between the City of Carlsbad, a municipal
corporation (the "City") and Lennar Homes of California Inc., a California corporation (the
"Declarant"). The City and the Declarant are each referred to herein as a "Party" and
sometimes collectively as "Parties."
RECITALS
A. Declarant is the owner of that certain real property located in the City of Carlsbad,
County of San Diego, State of California, more particularly described on Exhibit "A" (the
"Development Area").
B. The Development Area is subject to those Conditions of Approval imposed by the
City of Carlsbad pursuant to Planning Commission Resolution No. 7226, adopted February 1,
2017, approving the Vesting Tentative Tract Map and associated planned development permit,
site development plan, coastal development permit and other permits, which Conditions of
Approval are attached as Exhibit "B" (the "Conditions of Approval").
C. Pursuant to the Conditions of Approval, a declaration of covenants, conditions
and restrictions (the "CC&Rs") for the condominiums and homeowners association owned and
maintained portions of the Development Area (the "Association Property"), must be approved
by the City and recorded.
D. Pursuant to the Conditions of Approval, the CC&Rs must contain certain
maintenance standards, use restrictions, and other City requirements applicable to the
condominiums and Association Property (collectively, the "Community").
E. Declarant has submitted draft CC&Rs to the City for review and approval, which
draft CC&Rs are applicable only to the portions of the Development Area described in
"Supplemental Declarations" recorded pursuant to the CC&Rs. This gives the Declarant the
ability to develop the Condominiums on a phase by phase basis, consistent with Declarant's
construction and marketing schedules.
F. City is willing to accommodate Declarant's development plans so long as City
can ensure that all of the real property within the Development Area, is maintained and used in
accordance with the Conditions of Approval.
G. City and Declarant desire to set forth the terms and conditions pursuant to which
the City will approve the CC&Rs submitted by Declarant.
NOW, THEREFORE, based on the Recitals and in consideration of the mutual promises
and covenants herein, the Parties agree as follows:
AGREEMENT
1. Maintenance and Use of Development Area Not Subject to CC&Rs
1.1 Declarant agrees to maintain, use, and develop all portions of the Development
Area in accordance with all applicable provisions of the Conditions of Approval.
1.2 Declarant agrees to maintain, at its own expense, the Development Area,
including any improvements thereon, in a first class condition, free from waste and debris, and in
accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and
local bodies and agencies having jurisdiction.
1.3 Compliance with Water Quality Regulations. Declarant shall use and maintain
the property within the Development Area in full compliance with the provisions of the City of
Carlsbad BMP Design Manual and Discharge Control Ordinance and the National Pollution
Discharge Elimination System ("NPDES'1 Permit issued for the City by the Regional Water
Quality Control Board ("RWQCB'1; any and all applicable water quality regulations of the
RWQCB, the City and/or any other governmental agency; and/or any water quality management
plan or similar document submitted to and approved by the City, as such permits, regulations or
documents may be amended. Declarant must comply with the Permanent Stormwater Quality
Best Management Practice Maintenance Agreement that will be Recorded against all or a part of
the Development Area in Official Records (the "Stormwater Maintenance Agreement'} In
addition, the Declarant shall fund, implement, operate and maintain any and all construction-
related best management practices ("BMPs'1 on or applicable to the property within the
Development Area related to the treatment of stormwater runoff and/or the prevention of illicit
discharges to the City's municipal separate storm sewer system pursuant to an NPDES Permit
issued by the R WQCB, the Stormwater Maintenance Agreement and any and all applicable
federal, state and/or local regulations and the approved water quality management plan or similar
document approved by, and on file with, the City.
2. Release Upon Recordation of Supplemental of Portion(s) of Development Area
2.1 Release on Recordation of Supplemental Declaration. Upon recordation of a
Supplemental Declaration for any portion of the Development Area (i.e., a "Development
Phase") and conveyance of the first condominium so that the Development Phase becomes
subject to the CC&Rs approved by the City, this Agreement shall automatically terminate as to
such Development Phase only, and this Agreement shall be of no force and effect with respect to
such Development Phase.
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2.2 Release of Other Property. Portions of the Development Area that are not a part
of the Community may be released from this Agreement on the occurrence of one of the
following:
• The property is dedicated to and accepted by the City; or
• The property is protected habitat and conveyed to an entity approved by the City subject
to restrictions approved by the City; or
• The City executes and record a quitclaim terminating this Agreement.
3. City Approval of Supplemental Declaration of Annexation
Any Supplemental Declaration or similar document prepared by Declarant and recorded
against any portion of the Development Area which purports to modify or is inconsistent with
the Conditions of Approval, shall be submitted to and approved by the City prior to recordation.
4. Term and Termination
This Agreement shall continue in force and effect until such time as all portions of the
Development Area have either been made subject to the CC&Rs by a Supplemental Declaration,
or been completed and conveyed to an appropriate entity as determined by the City; or, this
Agreement is terminated with written consent of the City.
5. Obligations Accrue to the Land.
This Agreement shall run with the land and shall be binding upon all successive owners
("Successor Owners") of all or any portion of the Development Area. If Declarant or Successor
Owners fail to abide by this Agreement, then the obligations set forth herein shall become a lien
on the Development Area. Declarant agrees to provide actual notice of this Agreement and its
terms to all such Successor Owners.
6. Declarant's Default.
6.1 City Enforcement. In the event Declarant is in default under this Agreement, the
City may enforce this Agreement against Declarant pursuant to any administrative, legal, or
equitable remedy to which it may by entitled, including any remedies pursuant to the City's
Municipal Code.
6.2 Specific Performance. In the event Declarant is in default, in addition to whatever
other rights the City may have in law or at equity, or as otherwise provided in this Agreement,
the City may seek to specifically enforce the obligations of the Declarant under this Agreement.
6.3 City Right to Perform Maintenance. In addition to whatever other rights or
remedies it may have for Declarant's default hereunder, in the event Declarant shall fail to
adequately maintain any portion of the Development Area pursuant to this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of default
from City, or thereafter Declarant shall fail to diligently and continuously pursue the cure of any
such default to completion, City shall have the right, but not the obligation, to enter onto the
Development Area and perform the necessary maintenance by force account or contract or both
and thereupon recover from Declarant the full cost and expense thereby incurred by City. Any
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such costs and expenses incurred by City which are not satisfied by Declarant shall constitute a
lien against the Development Area.
6.4 Attorney's Fees and Costs. In the event that Declarant fails to perform any
obligation under this Agreement, Declarant agrees to pay all costs and expenses incurred by City
in securing performance of such obligations, including costs of suit and reasonable attorney's
fees. In the event of any dispute arising out of Declarant's performance of its obligations under
this Agreement, the prevailing party in such action, in addition to any other relief which may be
granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees
and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's
fees and costs shall be entitled to all other reasonable costs incurred in investigating such action,
taking depositions and discovery, retaining expert witnesses, and all other necessary and related
costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is prosecuted to
judgment.
6.5 No Waiver. The failure to, or delay in giving notice of a default shall not
constitute a waiver of any default. Except as otherwise expressly provided in this Agreement,
any failures or delays by either Party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any rights or remedies under this Agreement. In
addition, delays by either Party in asserting any of its rights and remedies, shall not deprive
either Party of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert, or enforce any such rights or remedies.
7. Applicable Law and Venue.
This Agreement and any dispute arising hereunder shall be governed and interpreted in
accordance with the laws of the State of California. Furthermore, the Parties agree to venue in
the Courts of San Diego County, California.
8. Entire Agreement; Waivers and Amendments.
This Agreement integrates all of the terms and conditions mentioned herein, or incidental
hereto, and supersedes all negotiations and previous agreements between the parties with respect
to all or part of the subject matter hereof, except as may be expressly provided herein. All
waivers of the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing and
signed by the appropriate representatives of both parties.
9. Severability.
If any part of this Agreement is declared by a final decision of a court of competent
jurisdiction to be invalid for any reason, such shall not affect the validity of the rest of the
Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had
been executed without the invalid part. The parties declare that they intend and desire that the
remaining parts of this Agreement continue to be effective without any part or parts that have
been declared invalid.
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10. Counterparts.
This Agreement may be executed in counterparts, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original, and all such
counterparts together shall constitute one and the same instrument.
11. Authority of Signatories to Agreement.
Each person executing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement on behalf of the Parties
for which execution is made. Each Party represents and warrants to the other that the execution
of this Agreement and the performance of such Party's obligations hereunder have been duly
authorized and that the agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms.
12. Notices, Demands and Communications between Parties.
All notices, demands, consents, requests and other communications required or permitted
to be given under this Agreement shall be in writing and shall be deemed conclusively to have
been duly given (a) when hand delivered to the other party; (b) three (3) Business Days after
such notice has been sent by United States mail via certified mail, return receipt requested,
postage prepaid, and addressed to the other party as set forth below; ( c) the next Business Day
after such notice has been deposited with a national overnight delivery service reasonably
approved by the parties (Federal Express, United Parcel Service and U.S. Postal Service are
deemed approved by the parties), postage prepaid, addressed to the party to whom notice is being
sent as set forth below with next business day delivery guaranteed, provided that the sending
party receives a confirmation of delivery from the delivery service provider. Unless otherwise
provided in writing, all notices hereunder shall be addressed as follows:
If to the City:
If to the Declarant:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: City Engineer
Lennar Homes of California Inc.,
25 Enterprise, Suite 400
Aliso Viejo, CA 92656
Attn: Jeremy Parness, Division President
Any party may by written notice to the other party in the manner specified herein change
the address to which notices to such party shall be delivered or the party to whose attention such
notices shall be directed.
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14. Binding Upon Successors and Assigns.
This Agreement shall be binding upon and mure to the benefit of the parties, their
successors, assigns and personal representatives.
15. Effective Date.
The Effective Date of this Agreement shall be the date when this Agreement has been
executed by the Declarant and City, which shall be the date first set forth above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
"CITY" "DECLARANT"
City of Carlsbad, a municipal corporation
Approved as to Form:
JIU~
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTYOF tl~@9-<-
On 6 /4, /JI , before me, ~ra. J. /I. /4 ~It ;v{/.r,; I.J /,e(here insert
name an~ titl~ of officer), personally appeared :Ji. ~ / ~ An,' tt.j
who proved to me on the basis of satisfactory evidence to be the person(s ose name(s) ~ r
subscribed)O._'\he within instrument and acknowledged to me.Jhat. bef the xecuted the same
in ~~ authorized capacity(ies ), and that by .krs/~~ signature s) on the instrument
the person, or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PEN AL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
ST ATE OF CALIFORNIA
COUNTY OF
On ________ , before me, _________________ , (here insert
name and title of officer), personally appeared _________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person, or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE
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EXHIBIT "A"
DEVELOPMENT AREA
All that real property located in the City of Carlsbad, San Diego County, California, described as
follows:
The real property described on Exhibit "A-1 ", which will be divided into the
following lots upon recordation of the final map for the Vesting Tentative Map
approved by the City on February 1, 2017:
Residential lots to be further subdivided by Condominium Plan:
Lots 1 and 2 of City of Carlsbad Map CT 14-10, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No. ___ , filed
with the San Diego County Recorder on ______ _
Association Property lots:
Lots 3, 4, 5, 6, 7 and 8 of City of Carlsbad Map CT 14-10, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. __ _
filed with the San Diego County Recorder on -------
Open Space lots:
Lots 9 and 10 of City of Carlsbad Map CT 14-10, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No. ___ , filed
with the San Diego County Recorder on ______ _
EXHIBIT "A-1"
UNDERLYING LEGALDESCRIPTION FOR DEVELOPMENT AREA
All that real property located in the City of Carlsbad, San Diego County, California, described as
follows:
A portion of the Southwest quarter of the Southwest quarter of Section 23 and a
portion of the Northwest quarter of the Northwest quarter of Section 26, both of
Township 12 South, Range 4 West, San Bernardino base and meridian, in the
County of San Diego, State of California, according to United States Government
survey thereof.
EXHIBIT "B"
CONDITIONS OF APPROVAL
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f"'-h, ~it-1• rs·'
PLANNING COMMISSION RESOLUTION NO. 7226
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A VESTING
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, SITE
DEVELOPMENT PLAN, COASTAL DEVELOPMENT . PERMIT, HILLSIDE
DEVELOPMENT PERMIT AND HABITAT MANAGEMENT PLAN PERMIT FOR
THE DEVELOPMENT OF A 50.8 ACRE SITE FOR A 123-UNIT SINGLE FAMILY
DETACHED CONDOMINIUM PROJECT AND CONSTRUCTION OF THE LAST
REMAINING SECTION OF POINSETTIA LANE (/(REACH E"}, ALL LOCATED
SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND
EASTERN SEGMENTS OF POINSETTIA LANE, AND EAST OF AMBROSIA
LANE WITHIN THE MELLO II SEGMENTOFTHE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 21.
CASE NAME: POINSETTIA 61
CASE NO.: CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-
07/HMP 14-04
WHEREAS, Lennar Homes of California, Inc., "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, "Owner,"
described as
a Portion of the Southwest Quarter of the Southwest Quarter of Section
23 and a Portion of the Northwest Quarter of the Northwest Quarter of
Section 26, both of Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the County of San Diego, State of California,
according to Unites States Government Survey thereof
("the Property"); and
WHEREAS, said verified application constitutes a request for a Vesting Tentative Tract
Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside
Development Permit, and Habitat Management Plan Permit as shown on Exhibit(s) "A" -"MMM" dated
February 1, 2017, on file in the Planning Division CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/
HMP 14-04 -POINSETTIA 61, as provided by Chapter 20.12, 21.06, 21.45, 21.95, 21.201 and 21.210 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on February 1, 2017, 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
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Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development
Permit, Hillside Development Permit, and Habitat Management Plan Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as fo!!ows:
A.
B.
That the foregoing recitations are.true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA 61-CT 14-10/PUD 14-12/SDP 14-15/CDP 14-
34/HDP 14-07/HMP 14-04, based on the following findings and subject to the following
conditi_ons:
Findings:
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2.
3.
The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan based on the facts set forth in the staff report dated
February 1, 2017, and the findings contained in Planning Commission Resolution No. 7225 for
GPA 14-06/ZC 14-04/LCPA 14-06.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 21 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.
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D.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
coUected 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 Local Facilities Management fee for Zone 21 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that, on September 26, 2016, the ALUC
determined that the proposed project is consistent with the McClellan-Palomar ALUCP as the
project site Is outside the 60 dBA noise contour, the proposed residential uses are compatible
uses in Safety Zone 6~ the project is compliant with airspace protection surfaces because a
determination of no hazard to air navigation was issued by the FAA, and the project will record
notification to future residents of aircraft overflight.
4. The project is consistent with the City of Carlsbad Climate Action Plan (CAP) through the provision
of renewable energy generation (photo-voltaic (PV) systems on rooftops), energy conservation
(Green Building Code}, LED or similarly efficient project lighting, solar water heating as part of
the residential PV rooftop systems, accommodating Zero-Emission vehicles, and other
greenhouse gas reduction measures and features as conditioned herein that reduce GHG
emissions consistent with the CAP.
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5. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
Tentative Tract Map, CT 14-10
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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 implements the goals and
policies of the General Plan as discussed in Planning Commission Resolution No. 7225; is
consistent with all minimum requirements of Titles 20 and 21 governing lot size and
configuration; and has been designed to comply with all applicable city regulations.
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, in
that the adjacent and existing open space and residential uses to the north, south, east and
west are similar to the proposed development.
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 minimum development standards and design criteria required by the
applicable Subdivision Ordinance and Zoning Ordinance are incorporated into the project; the
project clusters development so as to better preserve open space and habitat corridors and
linkages; the proposed density is less than what could have been developed under the previous
zoning on the site; and the grading volume is warranted so as to meet habitat management and
open space objectives.
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 units 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 in that, as conditioned,
the proposed housing can be adequately served by existing public services and no new facilities
are required, and by providing 15 percent {19 units) of the dwelling units as affordable units to
low-income households, through the construction of lncluslonary accessory dwelling units
incorporated within the space of 15 residences and purchase of four affordable housing credits
within the southwest quadrant of the City of Carlsbad.
13. 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 EIR 15-03 was prepared to determine if the project could have any potentially significant
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impacts on the environment. The EIR identified potentially significant impacts to resources
including but not limited to biological, cultural. and geological, and mitigation measures have
been incorporated into the design of the project or have been placed as conditions of approval
for the project such that all potentially significant impacts will be mitigated to below a level of
significance.
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 City's Stormwater regulations and has been conditioned to implement Best
Management Practices for water quality protection and to comply with the City of Carlsbad's
BMP Design Manual, Order R9-2013-0001 and amendments R9-2015-0001 and R9-2015-0100
issued by the California Regional Water Quality Control Board for the San Diego Region, and
with the City of Carlsbad's Municipal Code.
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 21. As provided in the analysis contained in EIR 15-03,
implementation of the proposed project would not result in a significant impact to public services
and utilities; therefore, no mitigation measures are prop.osed.
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, in that implementation of the project
would not adversely impact planned or current levels of service for public facilities such as
sewer, water, open spaces, parks, libraries and fire. All future development within the project
site will be required to construct necessary infrastructure as identified in the LFMP. Therefore,
the proposed project is consistent with the Zone 21 LFMP.
Planned Development Permit, PUD 14-12
18. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of 6.1 dwelling units per acre for the 20.1 acre area of the project site that will
be developed for residential uses is consistent with the R-8 General Plan land use designation
(4-8 du/ac). The project is consistent with all minimum development and design standards
applicable to the property as contained in Chapters 21.24 Residential Density-Multiple (RD-M)
Zone and 21.45 (Planned Developments) of the Carlsbad Municipal Code.
19. The proposed project ·will not be detrimental to existing uses, or to uses specifically permitted In
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the 123-unit single-family residential condominium project
meets the development standards of the Zoning Ordinance; is compatible with existing nearby
residential development; is permitted by the Residential Density-Multiple (RD-M) Zone and is
proposed to be constructed at a density (6.1 du/ac) that falls within the range of the applicable
R-8 General Plan land use designation; completes the last remaining section of Poinsettia Lane
for improved circulation connectivity; will generate 1,230 Average Daily Trips (ADT) which will
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be adequately accommodated by the existing and completed street network servicing the
project; and has been found to be consistent with the Airport Land Use Compatibility Plan.
Impacts related to the development of the project have been adequately mitigated to a less
than significant level as shown in the EIR 15-03 for tl'Je project.
The project will not adversely affect the public health, safety, or general welfare, in that the
project has been designed to comply with all applicable .development standards to ensure
compatibility with surrounding residential and open space uses.
The project's design, including architecture, streets, and site layout a) contributes to the
community's overall aesthetic quality, b} includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the detached single-family residential condominium development Is clustered In
the northern portion of the project site with open space to the south. The site layout includes
homes on short drive aisles off the main private streets, and includes three recreation areas as
well as a recreational vehicle storage area. Four different floor plans are proposed, ranging in .
size from 1,745 square feet to 2,718 square feet. One single story floor plan is proposed, and
the other three are two-story plans. One of the floor plans provides an alternative layout to
include second (accessory) dwelling units, 15 of which will have a modified floor plan to help
meet the project's inclusionary housing requirement._ The home exteriors feature three
different architectural styles -Craftsman, Spanish and Tuscan -to ensure a varied yet
harmonious architectural theme for the development. Poinsettia Lane will feature a trail and
meandering sidewalk within landscaped buffers that will connect to existing sidewalks on
Poinsettia Lane. The homes feature a variety of materials that include stucco, stone veneers, ' flat and s-shaped concrete roof tiles, shutters, decorative trim, wrought iron, potshelves,
decorative tile, wainscots, columns, rafter tails and Juliet balconies. Most of the roofs
incorporate a 4:12 roof pitch in a combination of gabled and. shed roof elements that will
provide a variety of roof ridges and heights on the homes. All elements (i.e. site layout,
architecture, landscaping) create continuity in the overall project design.
The proposed planned development designed with the modified development standard is
consistent with the purpose and intent of Carlsbad Municipal Code Chapter 21.45, in that the
increased height of the gravity/mechanically stabilized earth walls of up to 12 feet are necessary
to accommodate a clustered property development on environmentally and topographically
constrained land that precludes the full development of a site as a standard single-family
subdivision so as to reduce Impacts on biological resources.
The proposed modification will result in the preservation of natural habitat as required by the
Carlsbad Habitat Management Plan (HMP), in that the project's gravity walls are necessary to
preserve existing riparian habitat and buffers, canyon topography, and habitat and wildlife
corrido~s and linkages. Furthermore, the project preserves approximately 25.1 acres of_
permanent open space.
The amo\,lnt of natural habitat preservation required by the HMP could not be achieved by strict
adherence to the development standards of this chapter, in that complying with the six-foot
maximum height limit would require a thin;! tier of gravity walls that would encroach into
preserved habitat areas. Eliminating the downslope retaining walls altogether would result in
the destruction of significant areas of habitat and canyon topography to accommodate the
proposed development.
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25.
26.
The proposed modification(s) will not adversely affect the public health, safety, or general
welfare, in that the proposed walls will be constructed in accordance with geotechnical
recommendations and all applicable building codes, and will be landscaped so they will not
create adverse visual impacts.
The modification is consistent with all Local Coastal Program policies and standards for the
protection of coastal resources, in that the retaining walls are necessary to preserve existing
riparian habitat and buffers, canyon topography, and habitat and wildlife corridors and
linkages, and will not have any impact on coastal public access or recreational resources since
the project is not near such resources.
Site Development Plan, SDP 14-15
27. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be detrimental
to existing uses or to uses specifically permitted in the area in which the proposed use is to be
located, and will not adversely impact the site, surroundings or traffic circulation, in that the
project consists of the construction of 123 single-family residential condominiums on 20.1 acres
of a 50.8-acre site. The site is adjacent to existing open space, multiple-family and single-family
residential developments and is in proximity to a variety of commercial, recreational and
educational uses. The proposed single-family residential project at a density of 6.1 du/ac is
28.
29.
· consistent with the R-8 Residential (4-8 du/ac) General Plan Land Use designation. The project
is consistent with the various elements and objectives of the General Plan as discussed above.
The proposed detached single-family residential condominium homes with exclusive use areas
for the private yards will not be detrimental to existing uses or to uses specifically permitted in
the area in which the use is located in that single-family residential planned developments are
a permitted use within the Residential Density-Multiple (RD-M) Zone and compatible with the
existing residential and open space uses near the project site. The 123 unit single-family
residential condominium project will not adversely impact the site, surroundings, or traffic
drculation in that the existing surrounding streets and the completion of Poinsettia Lane have
adequate capacity to accommodate the 1,230 Average Daily Trips (ADT) generated by the
residential project; the project complies with all minimum development standards of the
Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Planned
Development Ordinance; and the project is adequately parked onsite and does not result in any
significant environmental impacts.
That the site for the intended use is adequate in size and shape to accommodate the use, in that
the 123 detached single-family residential condominium project complies with all of the
minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and
height restrictions) of the Carlsbad Municipal Code, including but not limited to the RD-M Zone
and the Planned Development Ordinance, as demonstrated in the project staff report.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as demonstrated in the project staff report, the 123 detached residential
condominium homes with exclusive use areas for the private yards comply with all of the
minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and
height restrictions) of the Residential Density -Multiple (RD-M) Zone and the Planned.
Development Ordinance. Landscaping along the perimeters of the property in the front setback
areas on Poinsettia Lane will be provided consistent with the requirements of the city's
Landscape Manual. The six foot perimeter walls that will be constructed behind the landscaped
buffer along Poinsettia Lane are adequate to attenuate roadway noise to an acceptable level.
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30.
31.
That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the 123 unit single-family residential condominium
project will not adversely impact the site, surroundings, or traffic circulation in that existing
surrounding streets and the completion of Poinsettia Lane have adequate capacity to
accommodate the 1,230 Average Dally Trips (ADT} generated by the residential project; the
project complies with all minimum development standards of the Carlsbad Municipal Code,
including but not limited to the RD-M Zone and the Planned Development Ordinance; and the
project is adequately parked onsite and _does not result in any significant environmental
impacts.
That the project's proposed alternatives to meet inclusionary housing supports specific housing
element policies and goals and assists the city in meeting its state housing requirements in that
new construction of inclusionary units would present unreasonable hardship In light of site
constraints and resultant developable project area. The Housing Policy Committee supports
the proposed project provision of 15 percent (19 units) of the dwelling units as affordable units
to low-income households through the construction of inclusionary accessory dwelling units
incorporated within the space of 15 residences, as conditioned, and purchase of four affordable
housing credits within the southwest quadrant of the City of Carlsbad.
Coastal Development Permit, CDP 14-34
32.
33.·
34.
That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project preserves approximately 49% of the site as open space,
provides measures adequate to mitigate impacts to onsite habitat including offsite habitat
mitigation land, changes the project's preserve open space from a HMP Standards Area to a
Hardline Preserve Area, and includes erosion control measures that protect down slope coastal
resources.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to a beach or water-based recreational
facilities but does, however, include a public trail within the onsite SDG&E easement.
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional
Runoff Management Program (JRMP) to avoid_ increased urban runoff, pollutants, and soil
erosion. The site is not.located in an area susceptible to accelerated erosion or floods, but the
project's geotechnical report indicates that some areas of the property are subject to potential
expansive soils, unstable geologic units and liquefaction, and landslides. EIR 15-03 mitigation
measures require adherence to the recommendations of the project's geotechnical report
which include removal of clayey soils and loose, alluvial soils, replacing with compacted fill, and
using buttressing excavations, keyways, liners and subdrains, and landscaping for slope
stability.
Hillside Development Permit, HDP 14-07
35.
36.
Undevelopable areas of the project, pursuant to Section 21.53.230(b) of the Zoning Ordinance,
have been properly identified.
The project complies with the purpose and intent provisions of Section 21.95.010 in that:
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37.
A.
8.
C.
D.
The project is consistent with the Land Use and Community Design and Open Space,
Conservation and Recreation Elements of the General Plan since portions of onsite
habitat will be preserved and designated as permanent Open Space.
The existing hillside conditions and undevelopable areas of the project site have been
properly identified on a slope analysis and slope profile and have been incorporated
into the project.
The project relates to the slope of the land by focusing development in the northern
previously disturbed portion of the project site, incorporating contour grading into
manufactured slopes which are located in visible public locations, and avoiding grading
in the steepest portions of the project site.
The project's alteration of natural hillsides will ensure protection of riparian
ecosystems, and better preserve and enhance wildlife habitats and native vegetation
areas on the site. The project's impacts to habitat are fully mitigated per EIR 15-03.
The project complies with Sections 21.95.140 of the Zoning Ordinance, and Section 21.95.160 if a
modification to the development and design standards is approved, in that:
A.
B.
C.
D.
E.
Project impacts on other areas of onsite habitat will be mitigated at the ratios required
for the specific habitat communities.
Slopes·and areas remaining undisturbed will be dedicated and designated as permanent
Open Space to reduce the potential for localized erosion and slide hazards, to prohibit
the removal of native vegetation except for creating firebreaks and/or planting fire
retardant vegetation and to protect visual resources of Importance to the entire
community.
The project design and lot configuration minimizes disturbance of hillside lands, in that
the area of the project to be developed is within the northern, previously disturbed
portion of the project site that was previously used for agricultural operations. The
design thus avoids impacting the majority of the site's natural slopes over 40% which
are located within the existing canyon feature and in the southern portion of the project
site.
The proposed grading volume (9,648 cubic yards/acre) falls within the potentially
acceptable level, per CMC Section 21.195.140(0). The project design and grading are
necessary to preserve and enhance the habitat and canyon topography of the site by
limiting the area of development primarily to the northern portion that was previously
disturbed by agricultural operations.
No development will occur on undevelopable areas pursuant to provisions of Section
21.53.230, except as permitted pursuant to Section 21.95.140.B and in accordance with
Section 21.203.040. Existing natural slopes over 40% gradient do not comprise a
prominent land form feature. Development of areas with slopes over 25% are
permitted in order to preserve natural habitat as required by the city's Habitat
Management Plan and the required amount of preservation could not be achieved by
strict adherence to the requirements of Section 21.203.040.A(l)(a) and (b).
38. The project design substantially conforms to the hillside development guidelines manual in that
the project's manufactured slopes that are over 40 percent gradient and greater than 20 feet in
height are treated appropriately and justified for the purpose of preserving habitat. These
slopes are located along perimeter property lines, primarily an uphill slope at' the northern
project boundary, and a downhill slope north of the existing riparian habitat areas that are .
required to be preserved and buffered. The manufactured slopes that are over 20 feet in height
are contour graded so that they either follow the topography and buffer line of the riparian
area to the south or transition the development to existing slopes to the north of the project.
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Some of the slopes are designed with single or two terraced, planted gravity walls, also known
as mechani<;ally stabilized earth walls. The majority of the walls are six feet in height although
a small section of one wall adjacent to the riparian buffer reaches a height of eight to 12 feet.
The heights have been minimized to the extent possible, contour grading is used where
appropriate, and the walls are terraced. The retaining walls are necessary in order to avoid the
existing riparian habitat and buffer area and keep the development within the northern
disturbed portion of the site so as to better preserve open space and habitat corridors and
linkages.
Habitat Management Plan Permit, HMP 14-04
39.
40.
41.
42.
43.
44.
45.
46.
That the Poinsettia 61 project parcels (APNs 215-020-07 aka Maldonado, 215-050-21 aka
Namikas, 215-050-22 aka Sudduth, and 215-050-44 and 215-050-47 aka Kevane) are shown in
Figure 28 of the approved HMP as a "Standards Area," and are not a Hardline Area.
That authorization to impact sensitive habitats through the removal of 6.3 acres of southern
maritime chaparral and disturbed southern maritime chaparral (Habitat Group B) and 20 acres
of disturbed and agricultural lands (Habitat Group F} was processed through the resource
agencies by a Finding of Consistency, and is subject to continuous compliance with all provisions
of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the
Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and
Conditions of the Incidental Take Permit, and the Biological Opinion.
That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the Mitigation Monitoring and Reporting Program and is subject
to all conditions contained in Planning Commission Resolution No. 7224 for those other approvals,
including but not limited to recordation of conservation easements over all conserved areas and
management and monitoring in perpetuity by a qualified conservation entity.
That authorization to impact sensitive habitats ls subject to continuous compliance with the
provisions of Volumes I, II and !II of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
That all impacts to habitat will be incidental to otherwise lawful activities related to construction
and operation of the Poinsettia 61 project.
That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically,
approximately 49% of the site will be designated as an open space preserve.
That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and ~eporting to the wildlife
agencies and the public.
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47. That the City Planner is authorized to sign the Take Permit.
48.
49.
so.
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 biolog[cal 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 co·nservation 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 essentfal to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, EIR 15-03 mitigation measures require the
project to pay habitat in-lieu fees for impacts to 15,71 acres of Group F habitat.
The minor amendment to the HMP for the conversion of a standards area to a hard line preserve
area and the new hard line preserve area boundary conform to the standards contained in Section
D.3(C} of the HMP and meet the required consistency findings in that:
A.
B.
C.
D.
The proposed project and all project alternatives have been analyzed in an appropriate
environmental (CEQA) document as set forth in EIR 15-03 including but not limited to
the Final Biological Resources Technical Report, Poinsettia Project, Carlsbad, California,
January 2017, prepared by Dudek.
The impacts to habitat have been minimized to the maximum extent practicable 'in that
development Is clustered within the agricultural areas and other areas adjacent to
existing development; no wetland, vernal pool or oak woodland habitats are impacted
by the project; no temporary or permanent impacts to southern willow scrub riparian
habitat will occur; and the project provides no-net-loss of maritime succulent scrub, and
southern maritime chaparral habitat types through mitigation that includes
creation/substantial restoration at a minimum 1:1 ratio and impacts to narrow endemic
plant species do not exceed the HMP threshold for impacts to on-site populations.
The project has mitigated its impacts to the maximum extent practicable in that the
project provides for no-net-loss of southern maritime chaparral and impacts meets or
exceeds the required 3:1 mitigation ratio with a 1:1 component consisting of creation
or substantial restoration in on-site and off-site locations.
The project does not reduce the ability to meet the specific habitat conservation
obligations of the HMP, IA, MHCP, and NCCP and 10(a)1(B) permits in that the project
meets all requirements of the above permits, and creates additional HMP Preserve
acreage.
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 below shall be satisfied prior to grading permit,
or building permit, or recordation of final map, whichever comes first; or pursuant to an
approved construction schedule at the discretion of the appropriate division manager or
official.
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1.
2.
3.
4.
5.
6.
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 future building permits; deny, revoke, or further
condition all certificates of occupancy issued, under the authority of approvals herein .granted;
record a notice.of violation on the property title; 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 these Planned Development
Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permi~ and
Habitat Management Plan Permit. Developer or a successor in interest shall have the vested
rights conferred in Chapter 20.17 of the Carlsbad Municipal Code as a result of the approval of
the Vesting Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Vesting Tentative Tract Map, Planned Development Permit, Site
Development Plan, Coastal Development Permit, Hillside Development Permit and Habitat
Management Plan Permit 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 Poinsettia 61 Project Mitigation
Monitoring and Reporting Program {EIR 15-03}.
Developer/Operator shall and does hereby agree to indemnify, 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 Vesting Tentative Tract Map, Planned Development
Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and
Habitat Management Plan Permit, (b) City's approval or·issuance of any permit or action, whether
discretionary or nondiscretionary, 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.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the city planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
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8.
9.
10.
11.
12.
13.
14.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division 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 2l Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval is granted subject to the approval of EIR 15-03, GPA 14-06, ZC 14-04, and LCPA 14-
06 and is subject to all conditions contained in Planning Commission Resolutions No. 7224 and
7225 for those other approvals incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this project within
24 months from the date on which the California Coastal Commission votes to approve the
project.
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 shaft be placed on the Final Map.
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
21, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Vesting Tentative Tract Map, Planned Development Permit,
Site Development Plan, Coastal Development Permit, Hillside Development Permit and Habitat
Management Plan Permit by Resolution(s) No. 7226 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. The City Planner 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.
15. Prior to the approval of the final map for any phase of this project, the Developer shall execute
an Affordable Housing Agreement with the City to provide and deed restrict 19 rental dwelling
units (15% of total dwelling units) as affordable to lower-income households at 70% of the San
Diego County Median Income for 55 years, in accordance with the requirements and process set
forth in Chapter 21.85 of the Carlsbad Municipal Code. To satisfy the requirements of Chapter
21.85 and subject to final approval by the City Council, the Developer has proposed an
alternative to construction of inclusionary units by constructing 15 accessory (second) dwelling
units within the development and the purchase of 4 affordable housing credits from an offsite
combined affordable housing development located within, or on the boundary of, the
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16.
17.
18.
19.
southwest quadrant. The 15 accessory (second) dwelling units within the development and
being constructed to satisfy the requirements of Chapter 21.85 shall be designed as 1 bedroom
units with separate exterior access and no access to the single family home; the units may be
attached to the single family home, but there shall be no entrance constructed from the
accessory (second) dwelling unit into the single family home at any time. The subject accessory
(second) dwelling unit shall be designed and constructed to include a full kitchen with full-size
sink, stove & oven, refrigerator and adequate cabinet space and food preparation counter tops.
The accessory (second) dwelling unit shall also meet all other requirements of a "Dwelling Unit"
as defined in the Carlsbad Municipal Code, which is a single unit providing complete,
independent living facility for one or more persons including permanent provisions for llvlng,
sleeping, eating, cooking and sanitation, and having only one kitchen. The final design for the
accessory (second) dwelling unit shall be approved by the Housing & Neighborhood Services
Director and shall be attached to the Affordable Housing Agreement, which shall be subject to
final approval by the City Council. A fully executed copy of the Affordable Housing Agreement
shall be submitted to the City Planner 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 construct the required inclusionary units concurrent with the project's market
rate units, unless both the final decision-making authority of the City and the Developer agree
within an Affordable Housing Agreement to an alternate schedule for development.
As a condition of this approval, applicant must comply with tlie 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 offish, 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.
Developer shall dedicate, on the final map, an open space easement over all of LOTS 9 and 10
which is 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 "A" -
"MMM".
Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the
Developer shall take the following actions to the satisfaction of the City Planner in relation to the
open space lot(s) which are being conserved for natural habitat in conformance _with the City's
Habitat Management Plan: Select a conservation entity, subject to approval by the City, that
possesses qualifications to manage the open space lot(s) for conservation purposes.
A. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in perpetuity
in accordance with the requirements of the North County Multiple Habitats Conservation
Plan and the City's Open Space Management Plan.
B. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the City Planner and conservation entity, if any, in an amount
sufficient for manae-ement and monitoring of the open space lot(s) in perpetuity.
C. Record a Conservation Easement over the open space lot(s).
D. Prepare a Preserve Management Plan which will ensure adequate management of the
open space lot(s) in perpetuity.
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20.
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E. Obtain approval of the United States Fish and Wildlife Service (USFWS), California
Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for
the restoration plan, preserve management plan, PAR, and endowment consistent with
the Fina I EIR Appendix C, Final Biological Resources Technical Report, Poinsettia Project
-Carlsbad, California (BTR), and Table 2 of the HMP Consistency Findings in Appendix E
of the BTR, or as otherwise approved by USFW, CDFW and CCC.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, 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
Conserva'tion Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee 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 and all approvals
for this project shall become null and void.
Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall constrw;t and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
Developer shaU establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of the first production unit's certificate of occupancy,
the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that
have been approved by the Department of Real Estate and the City Planner. At a minimum, the
CC&Rs shall contain the following provisions:
A.
B.
C.
General Enforcement by 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_sha,1 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
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24.
D.
E.
F.
G.
H.
I.
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 ~espect 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 pro rata 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 his/her
respective Lot for purposes of collecting such special assessment in accordance with the
procedures set forth in Article ____ of this Declaration.
Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ___ _
Balconies, trellis. and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _
Open Space lots: The HOA open space lots within the development (Lots 3-8} shall
remain under the ownership and responsibility of the HOA for the purposes of open
space, landscape and common recreation areas. The CC&Rs shall prohibit any
encroachment or development for private benefit onto said lots, including but not
limited to private: fences, walls, decks, storage buildings, pools, spas, stairways, and
landscaping, etc.
RV Storage: The individual unit owner allowances and prohibitions regarding use of the
RV storage area, and the HOA maintenance responsibilities, shall be as set forth in
Exhibit __ _
Rentals: If any of the units in the project are rented, the minim!Jm time increment for
such rental shall be not less than 30 days. The CC&Rs for the project shall Include this
requirement.
Prior to issuance of the first production unit's certificate of occupancy, the Developer shall
submit to the City Planner a recorded copy of the Condominium Plan filed with the Department
of Real Estate which is in conformance with the City-approved documents and exhibits.
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25.
26.
27.
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29.
30.
31.
32.
33.
34.
Developer shall provide bus stops to servlce this development at locations and with reasonable
facilities to the satisfaction of the North County Transit District and the City Planner. Said
facilities, if required, shall be free from advertising and shall at a minimum include a bench and a
pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic
architectural theme of the project.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community and Economic Development Department and Planning.
Developer shall submit a street name list consistent with the City's street name policy subject to
the City Planner's approval prior to final map approval.
Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas associated with each respective residential development lot {Lot 1 or
Lot 2) per the approved plans, including landscaping and recreational facilities.
Devel9per shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approva I of the City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the 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 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 or the issuance of building permits, whichever
occurs first, 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 City Planner and the City Attorney (see Noise Form #2 on file in the
Planning Division).
Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the City
Planner (see Noise Form #3 on file in the Planning Division).
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35.
36.
Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
The Developer shall implement the following greenhouse gas reduction measures per the
Poinsettia 61 Project Air Quality and Greenhouse Gas Analysis, October 2016, prepared by HDR:
A.
B.
C.
D.
E.
F.
Installation of Solar Photovoltaic (PV} Systems on the rooftops of residential units.
All buildings shall comply with the CAP measure requiring compliance with the energy
code. The proposed project will be designed to be consistent with Title 24, Part 6
Energy Budget for the Standard Design Building.
All landscape related lighting and signage shall be LED. At least 75 percent of project
luminaires shall be LED or similarly efficient lighting.
Solar water heating shall be provided as part of the residential PV rooftop systems.
Electric vehicle (EV} charging stations/parking spaces shall be provided within the
common area of the project and each residence shall be pre~wired for EV service
equipment.
The project shall be fitted with "purple" piping, which will facilitate the use of
reclaimed water for the project. The reclaimed water shall be utilized for all common
areas landscaping.
Engineering Conditions
General
37.
38.
39.
40.
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.
This project is approved upon the express condition that bullding permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, utilities, street
trees, sidewalks, landscaping, street lighting, raised medians, enhanced paving, water quality
treatment measures, low Impact development features, storm drain facilities, etc. located therein
and to distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision.
Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering St.andards. The property owner
shall maintain this condition.
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42. Prior to approval of improvement plans, grading plans or final map, developer shall submit to the
city engineer written approval from North County Transit District (NCTD) demonstrating that
improvement requirements for mass-transit have been satisfied.
Fees/ Agreements
43.
44.
45.
46.
47.
48.
49.
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.
Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Developer shall enter into a Reimbursement Agreement for the design and construction costs
of the Poinsettia Lane {Reach E) improvements from Bridge and Thoroughfare·District No. 2
funds prior to Final Map approval. The improvements eligible for reimbursement are 'core'
improvements including the bridge, full width grading, median curbs, 18 feet of paving on either
side of the median, storm drain, right-of-way and environmental mitigation. The agreement
shall be prepared to the satisfaction of the City Engineer, City Attorney and Finance Director.
The Developer shall pay the projects' contribution to Bridge and Thoroughfare District No. 2. A
portion of the core improvement cost may be credited against the· project's contribution to
Bridge and Thoroughfare District No. 2 to the satisfaction of the City Engineer, City Attorney
and Finance Director.
The Developer shall enter into a Reimbursement Agreement with CMWD for the design and
construction of a pressure reducing station near the existing westerly terminus of Poinsettia
Lane, near Oriole Court to the satisfaction of the City Engineer, City Attorney and Finance
Director.
Prior to approval of the final map or issuance of any permits, the developer shall enter into an
agreement with the city to pay the city's Transportation System Management Program and
Transportation Demand Management Program fees established as a result of the forthcoming
Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction of
the city engineer and city attorney.
Grading
50.
51.
52.
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 prepare and submit plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as shown
on the tentative map all subject to city engineer approval.
This project requires offsite grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the city engineer, a
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temporary grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary 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 and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
53. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
54. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
55. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER
3 SWPPP shall comply with current requirements and provisions established by the San Diego
Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
identify and incorporate measures to reduce storm water pollutant runoff during construction of
the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan
review and inspection fees per the city's latest fee schedule.
56. This project is subjecfto 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP}, subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
· plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
57. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.} incorporate all source control, site design, treatment control
BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
Dedications/Improvements
58.
59.
Developer shall cause owner. to dedicate to the city Poinsettia Lane for public street and public
utility purposes as shown on the tentative map. The offer shall be made by a certificate on the
final map or separate recorded document. All land so offered shall be free and clear of all liens
and encumbrances and without cost to the city. Streets that are already public are not required
to be rededicated. Additional easements may be required at final design to the satisfaction of the
city engineer.
Developer shall cause owner to dedl~ate to the city general utility and access easement within
private streets A, Band C and private drive aisles s, T and Z as shown on the tentative map. The
offer shall be made by a certificate on the final map or separate recorded document. All land so
offered shall be free and clear of all liens and encumbrances and without cost to the city.
Additional easements may be required at final design to the satisfaction of the city engineer.
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60.
61.
62.
63.
64.
Developer shall cause owner to dedicate to the city sewer easement within private aisles E thru
Ras shown on the tentative map. The offer shall be made by a certificate on the final map or
separate recorded document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Additional easements may be required at final design
to the satisfaction of the city engineer.
Developer shall cause owner to dedicate to the city a 15 feet wide trail easement within the
existing SDG&E easement as shown on the tentative map. The offer shall be made by a
certificate on the final map or separate recorded document. All land so offered shall be free and
clear of all other liens and encumbrances and without cost to the city. Additional easements may
be required at final design to the satisfaction of the city engineer.
Developer shall design the private aisles E thru Z as shown on the tentative map to the satisfaction
of the city engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets shall be inspected by the city. Developer
shall pay the standard improvement plan check and inspection fees for private streets.
. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and larger
shall be inspected by the city. Developer shall pay the standard improvement plan check and
inspection fees for private drainage systems.
Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
including but not limited to median improvements, curb and gutter, sidewalk, bike lanes, street
lights, trails, and public utility improvements as shown !n the tentative map, per city standards to
the satisfaction of the city engineer as shown on the Tentative Map. Said improvements shall be
installed to city standards to the satisfaction of the city engineer. These improvements include,
but are not limited to:
A.
B.
C.
D.
E.
F.
Full width improvements to Poinsettia Lane (approximately 1,600 feet from the existing
easterly terminus near Cassia Street to existing westerly terminus near El Camino Real)
to Major Arterial Standards, including Poinsettia Lane Bridge across the existing canyon
within the project site as shown on the tentative map.
Street and utility improvements for Private Streets A, Band C as shown on the tentative
map.
Looped public water system as shown on the tentative map.
Recycled water system as shown on the tentative map.
Sewer system as shown on the tentative map.
Potable pressi.ire reducing station near the exiting westerly terminus of Poinsettia Lane_
near Oriole Court as shown on the tentative map.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months ofapproval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
65. Developer shall prepare and process improvement plans and, prior to approval, shall execute a
city standard Subdivision Improvement Agreement to install and shall post security in accordance
with C.M.C. Section 20.16.070 for public signal improvements shown on the tentative map. Said
improvements shall be installed to city standards to the satisfaction of the city engineer. More
specifically, these signal improvements include but are not limited to constructing a new fully
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66.
actuated traffic signal including all appurtenances and trafflc signal interconnect conduit and
cable, at the intersection of Poinsettia Lane and Street A and C as shown on the tentative map.
Developer shall install the traffic signal only ·with written authorization from the city engineer.
Developer shall pay the standard improvement plan check and inspection fees. 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 provide all-weather maintenance access roads to the public drainage facilities
(e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where
maintenance access roads are not practical and/or permitted, developer shall incorporate low-
maintenance design features to the satisfaction of the city engineer.
Non-Mapping Notes
67. Add the following notes to the final niap as non-mapping data:
A.
B.
C.
D.
Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Tentative Map. These improvements include, but are not
limited to:
i) Full width improvements to Poinsettia Lane (approximately 1,600 feet from the
existing easterly terminus near Cassia Street to existing westerly terminus near El
Camino Real) to Major Arterial Standards, including Poinsettia Lane Bridge across
the existing canyon within the project site as shown on the tentative map.
2) Street and utility improvements for Private Streets A, B and C as shown on the
tentative map.
3) Looped public water system as shown on the tentative map.
4) Recycled water system as shown on the tentative map.
5) Sewer system as shown on the tentative map.
6) Potable pressure reducing station located near the exiting westerly terminus of
Poinsettia Lane near Oriole Court as shown on the tentative map.
7} A new fully actuated traffic signal including all appurtenances and traffic signal
interconnect conduit and cable, at the intersection of Poinsettia lane and Street A
and C as shown on the tentative map.
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:
1) 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.
No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
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E. 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 diversion of waters, the alteration of the normal flow of surface waters
or drainage, orthe concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
Utilities
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer. All residential units shall have automatic fire sprinklers.
Developer shall design and construct public facilities within public right-of-way or within minimum
20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the
district or city engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
Developer shall install potable water and/or recycled water services and meters at locations
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 locations approved by the city
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 and city
engineer.
The developer shall provide separate potable water meters for each separately owned unit within
this subdivision.
The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the
main lines, and the capacity of the existing infrastructure. Said study shall be submitted
concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer.
The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify
velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
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78.
79.
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer.
The developer shall submit a detailed recycled water study, prepared by a registered engineer
that identifies the peak demands of the project. The study shall identify velocity in the main lines
and the required pipe sizes. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the district engineer.
The developer shall submit detailed design drawings and studies prepared by a registered
engineer for the construction of a pressure reducing station located near the exiting westerly ·
terminus of Poinsettia Lane near Oriole Court as shown on the tentative map. Said drawings
and studies shall be prepared to the satisfaction of the district engineer.
Fire Conditions
80.
81.
A fire lane P,lan including red curbs and sign details shall be submitted as a deferred submittal
directly to fire for approval.
Private Streets A, B, C and Aisle Z shall have street names. All other aisles will not need to be
named as they are not considered fire access roads.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
82.
83.
84.
85.
86.
87.
88.
89.
This vesting tentative map shall expire tw9 years from the date on which the California Coastal
Commission voted to approve this application.
Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
Developer shall park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the city engineer.
Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municlpal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map are for planning purposes
only.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 21 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
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.
90. The project shall comply with the latest residential disabled access requirements pursuant to Title
24 of the California Building Code.
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91.
92.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17 .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 City Planner prior to
installation of such signs.
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 fees/exactions. 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 M unicipa I 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
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on February 1, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux,
Montgomery and Siekmann
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~7iu
DON NEU
City Planner
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