HomeMy WebLinkAbout1986-08-26; City Council; Resolution 87711
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RESOLUTION NO. 8771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
CONSTRUCTION OF SIX EDUCATIONAL INSTITUTE BUILDINGS,
TWO OFFICE BUILDINGS, THREE RESEARCH AND DEVELOP-
MENT BUILDINGS AND PARKING SPACES WITHIN PLANNING
AREA "A" OF THE BATIQUITOS LAGOON EDUCATIONAL PARK
MASTER PLAN GENERALLY LOCATED ON THE INTERIOR OF
WINDROSE CIRCLE JUST NORTH OF BATIQUITOS LAGOON
(Phase I1 of MP-175)
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO: SDP 85-15
A SITE DEVELOPMENT PLAN 85-15 TO ALLOW
WHEREAS on June 25, 1986, the Carlsbad Planning
Commission adopted Resolution No. 2556 approving SDP 85-15; and
WHEREAS, the City Council of the City of Carlsbad, on
August 12, 1986 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Site Development Plan No. 85-15; and
WHEREAS, the environmental review for said site
development plan was certified for MP-175 in 1985, a Negative
Declaration for phases I1 and I11 was filed by the Planning
Director on June 25, 1986 in compliance with the requirements of
the City of Carlsbad Environmental Protection Ordinance of 1980
and the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2556 constitute the findings of the City Council
in this matter.
C. That Site Development Plan No. 85-15 together with
the provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
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D. That Site Development Plan No. 85-15 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2556, dated June
25, 1986 marked Exhibit A, attached hereto and made a part
hereof, with the exception of the following:
1. Condition No. 5 is amended to read as follows:
"5. Developer shall dedicate or improve park land
pursuant to the parks agreement entered into between the City and
the developer. The agreement shall be performed before approval
of the final map for any portion of this tentative map."
2. Condition No. 75 has been deleted.
3. Conditions No. 84, 85, 86, 87, and 88 have been
added. to read as follows:
84. The student housing (100 units) shown in Exhibits
"A" - 'IUU" are specifically not approved. A conditional use permit pursuant to Chapter 21.42 of the Carlsbad Municipal Code
shall be processed for this portion of area G which may allow a
maximum of 456 dormitory-type student housing units.
85. A maximum of 21 of the 456 dormitory units may
have kitchen facilities. These units will be considered as
residential units in terms of payment of any applicable fees to
the City of Carlsbad and relative to any City adopted growth
management program or initiative approved by the citizens of
Carlsbad.
86. Parking for the single-bed dormitory units in area
G shall be at a minimum of .8 spaces per unit. "Married" or
kitchen units shall be at a ratio of 1 space per unit. Thirty-
five percent of the required parking may be reduced to compact parking standards (8 1/2' x 15' ) .
87. Student dormitory housing units shall only be
occupied by students and staff attending onsite educational
institutions. During major school vacation periods the
dormitory units may be utilized for summer school students, or
by legitimate continuing education programs, or by those
attending conferences at the BLEP Conference Center providing
that all hotel rooms are full in Phase 111. The intent of this
condition is to prohibit the use of the dormitory units as a low
cost hotel which could take business from legitimate hotels
located in Carlsbad.
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88. A cafeteria/student food service building may be
permitted in area G.
those occupying the student housing units. I'
The cafeteria shall only be utilized by
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
26th day of August , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
L d- L
MARY H.&A%ER, Mayor
ATTE SI' :
4 AmTHA L. RAUTENKRANZ, City C1
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PLANNING COMMISSION RESOLUTION NO 2556
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
INSTITUTE BUILDINGS (135,900 SQ. FT.), TWO OFFICE
BUILDINGS (135,800 SQ. FT,), THREE RESEARCH AND
DEVELOPMENT BUILDINGS (192,500 SQ. FT.) AND 1,312 PARKING
SPACES, WITHIN PLANNING AREA "A" OF THE BATIQUITOS LAGOON
EDUCATIONAL PARK MASTER PLAN GENERALLY LOCATED ON THE
LAGOON (Phase I1 of MP-175).
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO: SDP 85-15
NO. 85-15, TO ALLOW CONSTRUCTION OF SIX EDUCATIONAL
INTERIOR OF WINDROSE CIRCLE JUST NORTH OF BATIQUITOS
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
code, the Planning Commission did, on the 25th day of June, 1986,
consider said request on property described as:
A portion of Lots 1 through 4 inclusive of Parcel Map No.
13653, in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County
Recorder of San Diego County, January 31, 1985 as File
No. 85-033316 of Official Records:
WHEREAS, at said hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to Site
Development Plan No. 85-15.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission APPROVES SDP 85-15, based on the following
findings and subject to the following conditions:
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Findings:
The project is consistent with the City's General Plan since
the proposed density of 13.2 du's/acre is within the density
range of 8-15 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan and that the
other uses proposed are consistent with the General Plan for
the site.
The project as proposed is consistent with Master Plan MP-175
because the densities and uses proposed are permitted in the
Master Plan which implements the P-C zone.
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 pro-
posed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a)
b)
C)
d)
e)
RES0
The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added a
condition that a note shall be placed on the final map
that building permits may not be issued for the project
unless the City Engineer determines that sewer service is
available, and building cannot occur within the project
unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
Public Facilities Element of the General Plan and the
proposed Growth Management Ordinance have been met insofar
as they apply to sewer service for this project.
The Carlsbad School District has written a letter, dated September 10, 1985, stating that school facilities will be
available to this project.
Park land dedication or fees or park improvements in lieu of, are required as a condition of approval.
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. The applicant has also agreed by condition to pay
all Growth Management Fees. Performance of those
contracts and payment of the fees will enable this body to
find that public facilities will be available concurrent
with need as required by the General Plan.
NO. 2556 -2-
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f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential private school, recreation commercial or travel
service ccrmmercial development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the
Planning Director on April 23, 1986 and approved by the
Planning Commission on June 25, 1986.
This project requires the construction of the improvements or
facilities listed in the conditions of approval or the
payment of fees in lieu of construction. This project
creates a direct need for the improvements or facilities
identified in the Master Plan. This project will provide all
of the facilities and services needed in Phase I1 of the
Master Plan. If the improvements or facilities are not provided, the project will create an unmitigated burden on
existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the project consistent with City goals, policies and plans.
The applicant is by condition, required to pay any development
fees and has agreed to abide by any additional requirements
established by the City of Carlsbad pursuant to Chapter 21.90
of the Carlsbad Municipal Code or any other applicable laws,
in order to implement and comply with the City's Growth
Management System. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts
created by the project.
Conditions:
1) Prior to issuance of building permits for this project, the
applicant shall record a final map for Phase 11. Approval is
granted for SDP 85-15, as shown on Exhibits "A' - .UU" ,
dated April 29, 1986, incorporated by reference and on file
in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition that the
final- map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is
available to serve the subdivision.
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7)
This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application fo
such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final
map.
This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City ,Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code to implement the growth
management system and to fulfill the subdivider's agreement to pay the public facilities fee dated July 9, 1986 a copy o
which is on file with the City Clerk and is incorporated by
this reference and to fulfill the requirements of the
agreement to pay fees for facilities and improvements as
required by the Growth Management System. If the fees are
not paid this application will not be consistent with the
General Plan and approval for this project shall be void.
Developer shall dedicate park land pursuant to the parks agreement entered into between the City and the developer.
The agreement shall be executed before the final map for any
portion of this tentative map.
The applicant shall provide school fees to mitigate
conditions of overcrowding as part of building permit
application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
The applicant shall comply with all provisions of the
Carlsbad Municipal Code Section 21.90.030(9) (Growth
Management System). No residential building permits shall b
issued until all Growth Management plans have been prepared
to the satisfaction of the City Council.
Approval of this request shall not excuse compliance with th
Batiquitos Lagoon Educational Park Master Plan, all sections
of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Wate
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
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lo) Before
applic
th.is project is reviewed by the City Council, the
nt shall execute the agreement to pay the fees for
facilities and improvements as required by the Growth
Management System and any other agreement required by
Municipal Code Section 21.90.030(g).
Planning Conditions:
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The applicant shall prepare a 24"x36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permit s .
The applicant shall establish a Master Educational Park Association for Phase I1 and corresponding covenants,
conditions and restrictions. Said CChR's shall be submitted
to and approved by the Planning Director prior to final map
approval.
The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
Planning Director prior to th.e issuance of building permits,
All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the sign program outlined in the Batiquitos
Lagoon Educational Park Master Plan and shall require review and approval of the Planning Director prior to installation
of such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Planning Director.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction
of the Directors of Building and Planning.
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The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench,
free from advertising, and a pole for the bus stop sign. The
bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project and
said design shall be subject to the approval of the Planning
Director and North County Transit District.
All sales maps that are distributed or made available to the
public shall include but not be limited to trails, future and
existing dchools, parks, and streets.
Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible
from the street or access road: color of identification
and/or addresses shall contrast to their background color.
If any condition for construction of any public improvements
or facilities, or the payment of any fees in lieu thereof,
imposed by this approval or imposed by law on this project
are challenged, this approval shall be suspended as provided
in Government Code Section 65913.5. If any such condition is
determined to be invalid this' approval shall be invalid
unless the City Council determines that the project without
the condition complies with all requirements of law.
During grading a two phased program shall be undertaken to
avoid possible significant impacts on paleontological
resources.
A) Phase 1 shall consist of a qualified paleontologist
doing a literature and records search, surface study,
subsurface testing if necessary, the recordation of any
sites, and a recommendation regarding the need for
further work.
B) If it is determined during Phase 1 that further work is
necessary it shall consist of the following:
1) A qualified paleontological monitor shall be present
at a pregrading conference with the developer,
grading contractor, and the environmental review
coordinator. The purpose of this meeting will be to
consult and coordinate the role of the paleontologist
in the grading of the site. A qualified
paleontologist is an individual with adequate
knowledge and experience with fossilized remains
likely to be present to identify them in the field
and is adequately experienced to remove the resources
for further study.
PC RES0 NO. 2556 -6-
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.2) A. paleontologist or designate shall be present during
those relative phases of grading as determined at the pregrading conference. The monitor shall have the
authority to temporarily direct, divert or halt
grading to allow recovery of fossil remains
(primarily marine mammals). At the discretion of the
monitor, recovery may include washing and picking of
soil samples for microvertebrate bone and teeth.
The developer shall authorize the deposit of any
resources found on the project site in an
institution staffed by qualified paleontologists as
may be determined by the Planning Director. The
contractor shall be aware of the random nature of
fossil occurrences and the possibility of a
discovery of remains of such scientific and/or
educational importance which might warrant a long
term salvage operation or preservation. Any
conflicts regarding the role of the paleohtologist and/or recovery times shall be resolved by the
Planning Director.
All development upon this property shall have to comply with
the general and specific development standards and the
public facilities phasing requirements of the Batiquitos
Lagoon Educational Park Master Plan and Public Facilities
Phasing Program.
Building permits shall not be issued for two buildings to be
determined by the Planning Director, within Planning Area
"A", Phase 11, until after structures within Planning Area A-
1 of Phase I, are constructed and operating to the
satisfaction of the Planning Director. At that time a parking study will be conducted to determine the adequacy of
the existing parking. In addition, the law school and other
school buildings in Phase I will also be evaluated relative
to their degree of success in operation as the primary uses
within this planning area.
This proposed project, SDP 85-15, shall comply with all of
the specific conditions of Local Coastal Program Permit No.
6-85-482 .
The fifty-five foot high fly loft proposed as part of
Building 1-7 within Planning Area .Am is specifically not
approved as part of this application. This portion of the
building shall either be redesigned to reduce its height to
a maximum of 35 feet or the project applicant shall be
required to process a Master Plan amendment for this height
request .
All buildings approved with this application shall be
constructed with as much consistency as possible with these
architectural elevations. Any revisions to those approved
elevations shall require the approval of the Planning
Director.
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Prior to the issuance of building permits, the applicant
shall be required to submit elevations and parking level
plans for all parking structures. These elevations and floor plans shall be subject to review and approval by the Planning
Director and the City Engineer.
Prior to final map approval, the project applicant shall be
required to submit landscaping and irrigation plans for all
parking structures, The top level of each parking structure
shall be landscaped to include some trees along its center
aisles. These plans shall be subject to the approval of the
Planning Director and the City Engineer.
The project applicant shall be required to pay to the State
Coastal Conservancy an agricultural conversion mitigation
fee of between $5,000 and $10,000 per acre prior to final
map approval. The specific fee amount per acre shall be
decided upon by the City Council, and shall apply to the
proposed conversion of 100 acres of non-prime agricultural
lands located upon the subject Master Planned property.
The recreation area for Area F shall include a six foot high
solid sound wall on the north side. The hours of operation
for this recreation area shall be limited to between 8:OO
a.m. and 1O:OO p.m.
Engineering Conditions:
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No grading permits shall be issued for this project prior to
recordation of the final map, unless this condition is waived
by the Community Development Director.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site,
The grading for this project is defined as "controlled grad-
ing" by Section 11.06,170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
Upon completion of grading, the developer shall ensure that
an .as-graded. geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a con-
tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or si'milar drafting film and shall become a permanent record.
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No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal
site if located within the city limits.
All slopes within this project shall be no steeper than 2 :1
Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall
guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types
suitable to the City Engineer.
Additional drainage easements and drainage structures shall
be provided or installed as may be required by the City Engi-
neer.
The developer shall pay the current local drainage area fee
prior to issuance of any grading or building permit for this
project or shall construct drainage systems in conformance
with the Master Drainage Plan and City of Carlsbad Standards
as required by the City Engineer.
The developer shall construct desiltatioddetention basins of a type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of
any grading or building permit for this project. Each
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desiltation basin shall be serviced by an all-weather
access/maintenance road. The provisions of this agreement
shall apply to any offsite borrow sites which may be utilized
in the construction of this project as required by the City
Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit
for this project.
The developer shall make an offer of dedication to the City
for all public streets and easements required by these conditions or shown on the site development plan. The offer
shall be made by a Certificate on the Final Map for this
project or in the absense of final map, by separate document.
All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be
rededicated.
Direct access rights for all lots abutting Avenida Encinas,
windrose Circle and Avenida Batiquitos (except specific
openings as shown on the tentative map/site plan) shall be
waived.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to the issuance of building permits,
the Subdivider shall install, or agree to install and secure
with appropriate security as provided by law, improvements
shown on the tentative map and the following improvements to
City Standards to the satisfaction of the City Engineer:
A)
B)
C)
D)
E
F
PC RES0
All improvements identified in the Citywide or local
facilities plans pursuant to Chapter 21.90 of the Carlsbad Municipal Code.
Windrose Circle (all portions full width to complete the
circle.
Avenida Encinas from its existing terminus to Windrose
Circle. (Full width. 1 Avenida Batiquitos from Windrose Circle to Carlsbad
Boulevard. (Full width.)
Avenida Batiquitos bridge and appurtenances over AT&SF
Railway.
Fully actuated traffic signals at:
1. Avenida Encinas and Windrose Circle
2. Windrose Circle and Avenida Batiquitos
3. Avenida Batiquitos and Carlsbad Boulevard
4. Avenida Batiquitos and Ponto Drive
5. La Costa Avenue and 1-5 Intersections both
northbound and southbound.
(The above mentioned traffic signals shall be installed when directed by the City Engineer).
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The interim intersection of Carlsbad Boulevard and
Avenida Batiquitos arterial intersection (see Condition
No. 57). Carlsbad Boulevard/Avenida Batiquitos as shown on the
tentative map, including offsite transitions pursuant to
any City/Developer agreement for the proposed landswap.
Sewer mains to serve this subdivision
Public water distribution system as shown on the
tentative map.
The westerly 16" water main connecting the 12" intertie
main and 16" main proposed with Unit No. 1.
All stormdrain pipes and appurtenances. Provide for master planned stormdrain pipe from
northwest corner of Phase I1 to the proposed 54" S. D.
in Ponto Drive.
The 54" stormdrain as required by the Carlsbad Master
Drainage Plan.
The permanent desiltation basins as shown on the
tentative map.
A reimbursement agreement may be requested by the developer
for the 54 inch storm drain and desiltation basin. The
reimbursement agreement must be approved prior to approval
of the final map. The reimbursement shall be limited to the
cost of construction of the storm drain facilities in excess
of those facilities required for the project site only as
may be determined by the City Engineer and set by the City
council.
Improvements listed above shall be constructed within 12
months of final map approval and/or improvement plan
approval, whichever occurs first.
Should the proposed realignment/assessment district of
Carlsbad Boulevard, Poinsettia Lane, etc. , not be approved
prior to final map approval or issuance of building permits
for this project (Unit If), the developer shall be
responsible for the following improvements: Carlsbad
Boulevard intersection with Avenida Batiquitos, including
northbound and southbound lane widenings (4) of Carlsbad
Boulevard.
a) Construct Avenida Batiquitos to secondary arterial
b) Provide for dual on and off ramps onto Carlsbad
standards.
Boulevard from Avenida Batiquitos for both north and
southbound traffic.
c) Construct fully actuated traffic signals at both the Avenida Batiquitos/Carlsbad Boulevard on/off ramps.
d) Provide for the construction of Carlsbad Boulevard along
the frontage of this project, including offsite
transitions as. a full width major arterial.
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a) Not opposing and consenting to the formation of a bridge and major thoroughfare district in the area of this
project.
52) Reimbursement agreements may be requested by the developer
for the La Costa Avenue traffic signals and widening
improvements. Prior to final map approval or issuance of building permits, the developer shall submit to and receive approval of specific reimbursement agreements and the percentage of developer's responsibility for each item to be
reimbursed. Reimbursement shall be established by Benefit
District and paid by future development. No reimbursement
will be granted if it is determined by the City Engineer
that these improvements are necessary for this project.
53) This approval shall include conditions and mitigation
measures of the Local Facilities Management Program for Zone
9'. All requirements shall be designed and guaranteed per
Condition No. 44 prior to final map approval, or issuance of building permits.
54) Before and as a condition of obtaining a final map, or final
development permit or site plan approval under Title 21 of
the Carlsbad Municipal Code, the subdivider shall enter into
a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in ~
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b) Payment of the bridge and major thoroughfare fee for the
area of the district in which this development is located.
55) Unless a standard variance has been issued, no variance from
tentative map/site plan.
56) The developer shall construct private street accesses to
public streets in such a way as to clearly designate that the
private streets are not a portion of the public street
system. The developer shall place a plaque-type sign with
the legend, "PRIVATE STREET BEYOND THIS POINT", at the access
point to private streets from public streets. The script on
the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person
at a distance of 20 feet. The provisions of this condition
shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of
this project.
57) The developer shall install street lights along all public
and private street frontages in conformance with City of
Carlsbad Standards (including Carlsbad Boulevard).
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The developer shall install street trees at the equivalent of
4O-fOOt intervals along all public and private street
frontages in conformance with this project. The trees shall
be of a variety selected from the approved Street Tree List,
The developer shall install sidewalks along all public and private street frontages in conformance with this project
prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at all public
and private street corners of this subdivision in conformance
with City’of Carlsbad Standards prior to occupancy of any
buildings.
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
The design of all private streets sewer system including pump
station and force main, and drainage systems shall be
approved by the City Engineer prior to issuance of any
grading or building permit for this project. The structural
section of all private streets shall conform to City of
Carlsbad Standards based on R-value tests. All private
streets and drainage systems shall be inspected by the City,
and the standard improvement plan check and inspection fees
shall be paid prior to issuance of any building or grading
permit for this project.
The developer shall provide an acceptable means for maintaining the easements and landscaped medians within the subdivision and all the private streets, sidewalks, street
lights, storm drain facilities and sewer facilities located
therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the units within the
subdivision.
All concrete terrace drains shall be maintained by the
homeowner’s association (if on commonly owned property) or
the individual property owner (if on an individually owned
lot). An appropriately worded statement clearly identifying
the responsibility shall be placed in the CChR’s.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted “No Parking/Fire Lane Tow
Away Zone” pursuant to Section 17.04.040, Carlsbad Municipal
Code.
The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
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67) Irrigation systems to accommodate future reclaimed water
shall be 'designed consistent with Title 17 of the California
State Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the
installation of adequately sized sleeves at crossing points
to minimize street excavation.
68) Some improvements shown on the tentative map and/or required
by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without
acquistion of title or interest. The subdivider shall
conform to Section 20.16.095 of the Carlsbad Municipal Code.
69) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by
the Engineer in responsible charge of the work, E.ach sheet
shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally, the
first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
review only and does not relieve me, as Engineer of Work, of
my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
70) The developer shall provide the City with a reproducible
mylar copy of the site plan as approved by the Planning
Commission. The site plan shall reflect the conditions of
approval by the City, The plan copy shall be submitted to
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the City .Engineer prior to improvement plan submittal and
shall be 24" x 36" in size and of a quality and material satisfactory to the City Engineer.
71) Prior to approval of any grading or building permits for this
project, the owner shall give written consent to the
annexation of the area shown within the boundaries of the
site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
72) Approval af this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
discretion of the City Council, In approving an extension,
the City Council may impose new conditions and may revise
existing conditions.
Parks and Recreation Department Conditions:
73) Prior to final map approval, final median designs and
plantings shall be subject to the approval of the Director of
Parks and Recreation.
74) Prior to final map approval, specific plant selections shall
be subject to the approval of the Director of Parks and
Recreation and may vary from the plants listed on the
conceptual landscape plan.
75) Prior to occupancy of any structure within the Master
Planned project, the applicant and the City shall enter into
a parks agreement so that land' for park purposes can be
dedicated up front to bring the City up to standard for
community parks in this district based upon current
population levels.
Fire Department Condi-tions:
76) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
77) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal,
78) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
79) An all-weather access road shall be maintained throughout construct ion.
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All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
Proposed security gate systems shall be provided with ‘Knox”
key operated override switch, as specified by the Fire De-
partment.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for
approval prior to construction.
All non-residential buildings shall be provided with, an
automatic fire sprinkler system, to be approved by the Fire
Marshal. All residential buildings shall also be provided
with an automatic sprinkler system unless the City’s proposed
fire station at Buttercup Lane is already constructed and
operating. At that time, the applicant shall contact the
Fire Matshal for a determination on whether residential
structures shall be exempted from this. requirement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 25th day of June, 1986, by the following vote, to wit:
ATTEST:
AYES:
NOES :
ABSENT:
ABSTAIN :
Chairman Schlehuber, Commissioners: MCBane,
Marcus, McFadden, Schramm, Holmes 61 Hall.
None.
None.
None .
CLARENCE SCBLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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