HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4526, 0
1 PLANNING COMMISSION RESOLUTION NO. 4526
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DEVELOP 112 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
CARLSBAD BOULEVARD AND POINSETTIA LANE TN
LOCAL FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETIA PROPERTIES PLANNING
CASE NO. : CT 97-22
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-22 TO
AREA 8
WHEREAS, Shea Homes Limited Partnership, “Owner” and “Develc
lo ll filed a verified application with the City of Carlsbad regarding property described as:
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Portions of Lot 3 and the north 1/3 of Lot 4 of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian,
City of Carlsbad, San Diego County, State of California
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(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
(1 Map as shown on Exhibit(s) “A” - “EE” dated April 7, 1999 on file in the Planning De
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POINSETTIA PROPERTIES PLANNING AREA 8, CT 97-22, as provided by Ti
the Carlsbad Municipal Code; and
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20 duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, the Planning Commission did, on the 7th day of April 1991
21 WHEREAS, at said public hearing, upon hearing and considering all tc
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relating to the Tentative Tract Map. 23
and arguments, if any, of persons desiring to be heard, said Commission considered a
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the COI
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLL
AREA 8, CT 97-22, based on the following findings and subject to the j
conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envirl
settings, is consistent with the various elements and objectives of the General I
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou~
traffic circulation, in that the proposed 112 airspace condominium PI
consistent with the land use designation and density allowed by the P
Properties Specific Plan to help meet the housing needs of the communi
Project is consistent with all City policies and standards and the require]
Specific Plan 210. The City Council approved the specific plan and n
finding that the plan implements the General Plan and is consistent with t
objectives and policies of the General Plan. The specific plan provides
following: 1) the provision of the necessary circulation element roadw
improvements (Avenida Encinas, Poinsettia Lane and Carlsbad Boulevard)
protection and enhancement of the off-site wetland areas; 3) the construcl
future public trail; 4) the provisions for affordable housing; 5) compliance
Local Facilities Management Plan Zone 22 for public facilities and servj
implementation of the mitigation, monitoring, and reporting program for
210 Program EIR; and, 7) the payment of all required mitigation fees
conversion of agricultural lands to urban land uses.
2. That the proposed project is compatible with the surrounding future land u5
surrounding properties are designated for RM, or RMH, residential developme
General Plan, in that the land uses being called for by the approved Speci
(RMH residential uses) implement the City's General Plan.
3. That the site is physically suitable for the type and density of the development s
site is adequate in size and shape to accommodate residential development at the
proposed, in that the project site can accommodate the proposed res
development while providing all required setbacks and other amenities reql
the approved Specific Plan and other applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subdil
that the project has been designed and structured such that there are no (
with existing easements.
5. That the project is consistent with the Housing Element of the General Plan
Inclusionary Housing Ordinance as the Developer entered into an Affordable :
Agreement to provide and deed restrict 92 dwelling units as affordable to lower
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households in Planning Area 5 of the Poinsettia Properties Specific Plan
fulfilling the affordable housing obligation for Planning Area 8.
6. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant impa
environment.
7. That this project could have a potentially significant negative curnulati,
impact on the Palomar Airport Road/El Camino Real intersection, How€
project has been conditioned to pay its fair share of the “short-term improl
thereby, guaranteeing implementation of a mitigation measure that red
potential impact to a level of insignificance.
8. That the site for the intended use is adequate in size and shape to accommodate t:
that the project complies with all City policies and standards including tt
Zone, as well as the standards and design criteria established by the P
Properties Specific Plan.
9. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the project is consistent with the design cr
both the RD-M Zone and the Poinsettia Properties Specific Plan in that all
have been provided, a pedestrian focus has been maintained, landscaping 1
integrated throughout the site; and recreational facilities have been provid
variety of ages and life styles.
10. That the street systems serving the proposed use are adequate to properly h
traffic generated by the proposed use, in that private streets will be improved
36 foot width with curbs, gutters, sidewalks, etc. and that the proposed sl
been demonstrated through the specific plan and Program EIR to be adec
accommodate the traffic generated by this project.
11. That the design of the subdivision provides, to the extent feasible, for future pi
natural heating or cooling opportunities in the subdivision, in that the site plan 1
for a variety of building placement alternatives, including the adequate sei
of the structures and the dominate westerly windholar radiation patterns w
utilization of natural heating and cooling opportunities.
12. That the property is not subject to a contract entered into pursuant to t
Conservation Act of 1965 (Williamson Act).
13. That the Planning Commission has considered, in connection with the housing I
by this subdivision, the housing needs of the region, and balanced those housir
against the public service needs of the City and available fiscal and envirc
resources.
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14. That the discharge of waste fi-om the subdivision will not result in violation o
California Regional Water Quality Control Board requirements, in that the
requirements of SP 210, City ordinances and standards, the Mello I1 Segmc
Local Coastal Program and Best Management Practices for water quality h
considered and appropriate drainage facilities have been designed as shovr
project’s exhibits. The project is conditioned to comply with all applicable
Pollution Discharge Elimination System requirements.
15. That the design of the subdivision and improvements are not likely to cause SI
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project is subject to all applicable mitigation measures
by the Mitigation Monitoring and Reporting Program certified with Final :
EIR 96-01, as contained in Planning Commission Resolution No. 4157.
16. That all feasible mitigation measures identified in Program EIR 96-01 w
appropriate have been incorporated into this project in that:
A) the project has been designed to encourage pedestrian activity;
B) the project will pay required Agricultural Mitigation Fees;
C) the project is protecting potential paleontological resources;
D) noise walls, mechanical ventilation and building construction will mitig:
impacts in accordance with EIR 96-01;
E) building heights have been reduced to a maximum of 26’; and
F) standard City grading procedures will be implemented to ensure erosiol
and reduce sedimentation.
17. The project is consistent with the City-Wide Facilities and Improvements I
applicable local facilities management plan, and all City public facility poli
ordinances since:
A. The project has been conditioned to ensure that the final map will not be i
unless the City Council finds that sewer service is available to serve the
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless the
Engineer determines that sewer service is available, and building cam
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this
B. The project has been conditioned to provide proof fi-om the Carlsbad Unifie
District that the project has satisfied its obligation for school facilities.
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C. That park credits for SP 210 have already been met through an ai
with the Occidental Land Company, John D. Lusk & Son, and tht
June 17, 1982, whereby the previous property owner agreed to (
Poinsettia Bridge, dedicated park land and received park land credil
units for all parcels within Specific Plan 210, including the subjec
Approval of CT 97-22 will deduct 112 credits from the present balan
leaving a remaining number of 521 available credits.
D. All necessary public improvements have been provided or are re(
conditions of approval.
E. The developer has agreed and is required by the inclusion of an ar
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
18. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any 2
requirements established by a Local Facilities Management Plan prepared pu
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail
public facilities and will mitigate any cumulative impacts created by the project.
19. This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 22.
20. The Planning Commission has reviewed each of the exactions imposed on the I:
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions upon
of this proposed major subdivision must be met prior to approval of a final map.
1. Staff is authorized and directed to make, or require Developer to make all correcl
modifications to the Tentative Tract Map document(s) necessary to ma
internally consistent and in conformity with final action on the project. Devt
shall occur substantially as shown in the approved Exhibits. Any proposed devt
different from this approval, shall require an amendment to this approval.
2. The project must comply with all mitigation measures required by the Mitig,
Monitoring and Reporting Program certified with Program EIR 96-01 on Jan
20,1998.
3. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
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4. The Developer shall provide the City with a reproducible 24” x 36”, mylar co
Tentative Map as approved by the final decision making body. The Tental
shall reflect the conditions of approval by the City. The Map copy shall be sut
the City Engineer and approved prior to building, grading, final map, or imp
plan submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dev
Permit and signed approved site plan.
6. The Developer shall pay the public facilities fee adopted by the City Council or
1987, (amended July 2, 1991) and as amended from time to time, and any dev
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad P
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated April 8, 1996, a copy of which is on file with the City Cle
incorporated by this reference. If the fees are not paid, this application wi:
consistent with the General Plan and approval for this project will be void.
7. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 22 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
8. Building permits will not be issued for development of the subject property w
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
9. Prior to the issuance of a building permit, the Developer shall provide pro(
Director from the School District that this project has satisfied its oblig
provide school facilities.
10. The developer shall post a sign in the sales office in a prominent locati
discloses which special districts and school district provide service to the
Said sign shall remain posted until ALL of the units are sold.
11. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro1
Government Code Section 66020. If any such condition is determined to be ink
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of laws.
12. Approval of CT 97-22 is granted subject to the approval of CP 98-09 and CDI
CT 97-22 is subject to all conditions contained in Planning Commission Re!
Nos. 4524 and 4523 for CP 98-09 and CDP 97-55.
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13. The Developer shall establish a homeowner’s association and corresponding c
conditions and restrictions. Said CC&Rs shall be submitted to and approvc
Planning Director prior to final map approval. Prior to issuance of a building F
Developer shall provide the Planning Department with a recorded copy of th
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement bv the Citv. The City shall have the right, bu
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in which the City has an interest,
B. Failure of Association to Maintain Common Area Lots and Easement:
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the 1
maintenance. If the City elects to perform such maintenance, the City :
written notice to the Association, with a copy thereof to the Owners in th
setting forth with particularity the maintenance which the City finds to be
and requesting the same be carried out by the Association within a period
(30) days from the giving of such notice. In the event that the Associatio
carry out such maintenance of the Common Area Lots andor Assc
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be en
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied bv the City. In the event the City has perfo
necessary maintenance to either Common Area Lots and/or Assc
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such ir
each Owner in the Project, together with a statement that if the Associatio:
pay such invoice in full within the time specified, the City will pursue CI
against the Owners in the Project pursuant to the provisions of this Sectic
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoic
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the ar
the invoice. Thereafter the City may pursue collection from the Associ
means of any remedies available at law or in equity. Without limj
generality of the foregoing, in addition to all other rights and remedies ;
to the City, the City may levy a special assessment against the Owners of
in the Project for an equal prorata share of the invoice, plus the late charg
special assessment shall constitute a charge on the land and shall be a co
lien upon each Lot against which the special assessment is levied. Each C
the Project hereby vests the City with the right and power to levy sucl:
actions andor to pursue lien foreclosure procedures against any Ow
hidher respective Lot for purposes of collecting such special assess
accordance with the procedures set forth in Article of this Declar
1 assessment, to impose a lien upon their respective Lot and to bring
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D. A statement to the effect that no enclosed or unenclosed additions
allowed at any time by any owners, successors in interest, and /or o(
except for the allowance shown on the approved “Trellis/Patio Cc
Balcony/Deck Plan”.
E. Maintenance responsibilities for the common areas (to be maintaine
Homeowners’ Association) and for the exclusive use areas (to be ma
by the individual airspace unit owner) shall be as delineated on the a
“Maintenance Responsibilities exhibit attachment 9 to staff rep0
April 7,1999. This information shall also be shown on the detailed 1;
plan and the final grading plan for this project. Prior to the iss
building permits, the applicant shall submit a recorded cops
Condominium Plan (filed with the California Department of Rea
which must indicate that ownership and maintenance responsibiliti
conformance with the “Maintenance Responsibilities” exhibit
approved City exhibits.
F. The CC&Rs shall include a disclosure to future property owners and
of this project that this site may be subject to impacts as follows:
A) Noise, light, air, and traffic impacts from future developmel
designated commercial site located immediately to the sout
subject site;
B) Noise, air and traffic impacts from Poinsettia Lane, C
Boulevard, the San Diego Northern Railroad, and the PI
Commuter Rail Station.
14. Prior to the issuance of the building permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interes’
City of Carlsbad has issued a Tentative Tract Map, Condominium Perm
Coastal Development Permit by Resolution No. 4526, 4524, and 4523 on
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all cond
approval as well as any conditions or restrictions specified for inclusion in the P
Restriction. The Planning Director has the authority to execute and record an am
to the notice which modifies or terminates said notice upon a showing of good (
the Developer or successor in interest.
15. The Developer shall pay all required agricultural mitigation fees p
recordation of the final map or the issuance of a grading permit (whicheve]
first) in accordance with the provisions of the Coastal Agriculture Overlay Z
16. Prior to issuance of building permit, the owner shall submit an acoustical :
which demonstrates that the architectural plans comply with the State of Ca
interior noise standard of 45 CNEL. The architectural plans shall incorpor
additional measures (thicker glazing, sound absorption material, shielding E
or artificial circulation system) to attenuate the noise to an acceptable level.
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windows are required to be unopenable or kept closed in order to meet thc
noise standards, mechanical ventilation and cooling, if necessary, shall be
to maintain a habitable environment. The system shall supply two air ch;
hour to each habitable room including 20% (one-fifth) fresh make-up air
directly from the outdoors. The fresh air inlet duct shall be of sound at1
construction and shall consist of a minimum of ten feet of straight or curve
six feet plus one sharp 90 degree bend.
17. The Developer shall implement and comply with all applicable mitigation I
required by the Mitigation Monitoring and Reporting Program certified w
Program EIR 96-01 as contained in Planning Commission Resolution No. 41
18. Grading is prohibited from October 1 to April 1. The City Engineer may p
extension of the grading season until November 15, if all precautionary 1
regarding erosion, consistent with the City’s grading ordinance, have bet
place.
19. No outdoor storage of materials shall occur onsite unless required by the Fire (
such instance a storage plan will be submitted for approval by the Fire Chiel
Planning Director.
20. The Developer shall prepare a detailed landscape and irrigation plan in conform2
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thnving condition, free from weeds, t
debris.
2 1. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
22. Building identification andor addresses shall be placed on all new and existing t
so as to be plainly visible from the street or access road; color of identificatio
addresses shall contrast to their background color.
23. The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit District
Planning Director. Said facilities, if required, shall at a minimum include a be
from advertising, and a pole for the bus stop sign. The bench and pole shall be
to enhance or consistent with basic architectural theme of the project.
24. The Developer shall display a current Zoning and Land Use Map in the sales off
times, or suitable alternative to the satisfaction of the Planning Director. In addil
sales office shall prominently display the approved “Trellis/Patio COT
Balcony/Deck Plan”. Prior to the issuance of a certificate of occupancy
uuits, an inspection shall be made by Planning Department staff to
compliance with this condition. During the course of subsequent final ins]
and occupany approvals by the Planning Department, random monitor:
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periodic inspections of the sales office shall be made by Planning Departn
to ensure continued compliance with this condition. If the sales office is fol
not in compliance with this condition at any time, certificate of occupancy a
shall be suspended by the Planning Director until compliance is achievt
satisfaction of the Planning Director.
25. Prior to issuance of a grading permit the developer shall meet with tL
County Transit District (NCTD) to negotiate the replacement of the retair
along the eastern boundary of the project and the San Diego Northern :
(SDNR) property with a 2:l (or gentler) slope. If NCTD agrees to a 2:1 (or
slope in place of the retaining wall, a solid noise wall will be allowed and pl
will not be required. If the developer is not able to reach an agreement wit
the project shall be built as shown on the approved exhibits.
26. The project is being approved as a condominium permit for residential homeo
purposes. If any of the units in the project are rented, the minimum time incrc
such rental shall be not less than 26 days. The CC&Rs for the project shall in(
requirement.
27. All sales maps that are distributed or made available to the public shall include b
limited to trails, hture and existing schools, parks and streets.
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Mitigation Monitoring and Reporting Program. 14
28. The Developer shall implement, or cause the implementation of, the (EIR 96-01
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project as described in the Final EIR 96-01, except as modified by this resolution
29. The Developer, or their successors in interest, shall improve the project site 15
30. Paleontology:
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A) Prior to issuance of a grading permit, the developer shall present a
the City indicating that a qualified paleontologist has been retained
out an appropriate mitigation program. (A qualified paleontol
defined as an individual with an MS or Ph. D. in paleontology or geolc
is familiar with paleontological procedures and techniques.
B) A qualified paleontologist shall be present at the pre-construction mt
consult with the grading and excavation contractors.
C) A paleontological monitor shall be on-site a minimum of half-time du
original cutting of previously undisturbed sediments to inspect t
contained fossils. In the event that fossils are discovered, it may be nc
to increase the per/day in field monitoring time. Conversely, if fossils
being found then the monitoring should be reduced. (A paleont
monitor is defined as an individual who has experience in the collect
salvage of fossil materials.) The paleontological monitor shall worl
the direction of a qualified paleontologist.
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D) When fossils are discovered the paleontologist (or paleontological
shall recover them. In most cases this fossil salvage can be compli
short period of time. However, some fossil specimens (such as c
large, mammal skeleton) may require an extended salvage period.
instances the paleontologist (or paleontological monitor) shall be al.
temporarily direct, divert, or halt grading to allow recovery of fossil
in a timely manner. Because of the potential for the recovering of sm
remains, such as isolated mammal teeth, it may be necessary in
instances, to set up a screen-washing operation on the site.
3 1. Prior to approval of the final map, the Developer shall provide an irrevoca
of dedication to the City of Carlsbad for a trail easement for the trail show
tentative map within Open Space Lot 1. If the City of Carlsbad accepts dc
of the trail easement, the trail shall be constructed as a public trail and wj
maintenance and liability responsibility of the City of Carlsbad. If the
Carlsbad does not accept dedication of the trail easement, the trail shall
constructed but it shall be constructed as a private trail and shall
maintenance and liability responsibility of the Master Homeowners Associat
32. This project shall comply with all conditions and mitigation measures which are
as part of the approved condominium permit and coastal development pl
contained in Planning Commission Resolutions No. 4523,4524, and 4526.
EngineerinP Conditions:
33. Prior to issuance of any building permit, the developer shall comply 1
requirements of the City's anti-graffiti program for wall treatments if and whel
program is formerly established by the City.
34. There shall be one final subdivision map recorded for this project.
35. The developer shall provide an acceptable means for maintaining the private e;
within the subdivision and all the private: streets, sidewalks, street lights, st01
facilities and sewer facilities located therein and to distribute the costs 1
maintenance in an equitable manner among the owners of the properties wi
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
36. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees from any claim, action or proceeding against the City or its
officers, or employees to attack, set aside, void or null an approval of the (
Planning Commission or City Engineer which has been brought against the Cit
the time period provided for by Section 66499.37 of the Subdivision Map Act.
37. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from 1
Engineer for the proposed haul route. The developer shall comply with all conditi
requirements the City Engineer may impose with regards to the hauling operation.
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38. Rain gutters must be provided to convey roof drainage to an approved drainage
street to the satisfaction of the City Engineer.
FeedAgreements
39. The developer shall pay all current fees and deposits required.
40. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
41. Prior to approval of any grading or building permits for this project, the owner E
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
42. The City will enter into a reimbursement agreement with the developer for i
of the realignment of the Carlsbad Boulevard frontage improvement5
agreement will allow for progress payments from the City for its share of a
for the improvements beyond the developers obligation specified in the Speci
Such improvements shall include transitions back to the existing lanes of <
Boulevard north and south of the project frontage. This condition is not intc
supersede the conditions or requirements contained in the Poinsettia Pr
Specific Plan.
Grading
43. Based upon a review of the proposed grading and the grading quantities show]
tentative map, a grading permit for this project is required. The developer mus
and receive approval for grading plans in accordance with City codes and standa~
to issuance of a building permit for the project.
44. Prior to the issuance of a grading pennit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to t
Water Resources Control Board.
45. No grading for private improvements shall occur outside the limits of the sub
unless a grading or slope easement or agreement is obtained from the owner;
affected properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develol
either amend the tentative map or modify the plans so grading will not occur oui
project site in a manner which substantially conforms to the approved tentative
determined by the City Engineer and Planning Director.
Dedicationsfimprovements
46. Additional drainage easements may be required. Drainage structures shall be pro’
installed prior to or concurrent with any grading or building permit as may be reql
the City Engineer.
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47. The owner shall make an offer of dedication to the City for all public st1
easements required by these conditions or shown on the tentative map. The offe
made by a certificate on the final map for this project. All land so offered
granted to the City free and clear of all liens and encumbrances and without cc
City. Streets that are already public are not required to be rededicated.
48. Prior to issuance of building permits, the developer shall underground all
overhead utilities within the subdivision boundary.
49. Direct access rights for all lots abutting Poinsettia Lane and Carlsbad Boulevard,
exception of the emergency access road, shall be waived on the final map.
50. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro'
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City I
Said plans shall include but not be limited to notifying prospective owners and tc
the following:
A. All owners and tenants shall coordinate efforts to establish or w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
fluids shall not be discharged into any street, public or private, or into sto
or storm water conveyance systems. Use and disposal of pesticides, fw
herbicides, insecticides, fertilizers and other such chemical treatments st
Federal, State, County and City requirements as prescribed in their re
containers.
C. Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements.
51. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stand;
developer shall install, or agree to install and secure with appropriate security as I
by law, improvements shown on the tentative map and the following improvemen
A. Full-width street improvements to Ponto Road between C
Boulevard and the southern subdivision boundary.
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B. Half-width street improvements and raised median along the
frontage on Carlsbad Boulevard to Major Arterial standards
the satisfaction of the City Engineer. The City Engineer may a
a bond for design and construction of said improvements 1
final map approval.
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C. Removal of the existing northbound ramp from Ponto
Carlsbad Boulevard and installation of a cul-de-sac bull
northern terminus of Ponto Drive.
D. Storm drain improvements within the railroad right-of-way
northern subdivision boundary and south to join the exis
storm drain.
E. Installation of a traffic signal at the intersection of Ponto R
Carlsbad Boulevard.
All street improvement plan are to include signing and striping plans.
A list of the above improvements shall be placed on an additional map sheet on
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imprc
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
52. The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fee:
paid prior to approval of the final map for this project.
53. The Developer shall pay their fair share for the “short-term improvements
El Camino ReaVPalomar Airport Road intersection prior to the issuance
building permits. The amount shall be determined by the methodology ul
selected by Council, including but not limited to, an increase in the city-wid
impact fee; an increased or new Zone 22 LFMP fee; the creation of 2
assessment district; or incorporation into a Mello-Roos taxing district.
Final Mar, Notes
54. Note(s) to the following effect(s) shall be placed on the final map as non-mapping
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above t
level may be placed or permitted to encroach within the area identified as a sight
corridor in accordance with City Standard Public Street-Design Criteria, Sectio
The underlying property owner shall maintain this condition.
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~ Water Conditions:
55. Improvement plans for Planning Area 8 shall include the following:
A. Area 8 shall place an 877 sewer in Private Street B and project the line ac
railroad right-of-way easement and intercept the 27” interceptor
perpendicular. The 8” line shall be in a steel casing pipe and connect to th
invert.
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B. Install a 24” casing pipe parallel to the 27” sewer perpendicular to ar
Poinsettia Lane right-of-way at an elevation that will allow a hture extc
the 8” sewer north to the proposed lift station non Area 2.
C. Extend the 8” sewer in private street B westerly to the centerline of
Boulevard. This will be a future tie-in point for Area 7.
D. Extend an 8” sewer in private street A or B southerly to the future comml
This sewer shall be at sufficient depth to gravity flow the commercial I
depth will be approximately 7’ below the street finished grade.
E. 8” recycled water line on the frontage of Carlsbad Boulevard for the leng
frontage.
General:
56. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tl
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apy
this Tentative Map, Condominium Permit, and Coastal Development Permit.
Standard Code Reminders:
57. The project is subject to all applicable provisions of local ordinances, including
limited to the following:
58. The developer shall exercise special care during the construction phase of this p
prevent offsite siltation. Planting and erosion control shall be provided in act
with the Carlsbad Municipal Code and the City Engineer.
59. This approval shall become null and void if building permits are not issued
project within 24 months firom the date of project approval.
60. Prior to occupancy of the first dwelling unit, the Developer shall provide all
passive and active recreational areas per the approved plans including lanc
perimeter fencing and, recreational facilities.
61. All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file in the 1
Department.
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62. The developer shall exercise special care during the construction phase of this I
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
63. Some improvements shown on the tentative map and/or required by these cond
located offsite on property which neither the City nor the owner has sufficien
interest to permit the improvements to be made without acquisition of title or
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Coc
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, de(
reservations, or other exactions hereafter collectively referred to for conven:
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tin
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PC RES0 NO. 4526 -16-
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follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of April, 1991
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Savary, i
Segall
NOES:
ABSENT: Commissioners L’Heureux, Nielsen and Welshons
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4526 -17-