HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4583-
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PLANNING COMMISSION RESOLUTION NO. 4583
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DEVELOP 117 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
CARLSBAD BOULEVARD AND POINSETTIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETIA PROPERTIES PLANNING
CASE NO.: CT 99-02
APPROVAL OF CARI;SBAD TRACT NUMBER CT 99-02 TO
AREA 7
WHEREAS, Fieldstone Communities, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Shea Homes, LP, “Owner”
described as:
Portions of Lots 2 and 3, and the East Half of Northeast
Quarter in Section 29, Township 12 South, Range 4 West, San
Bernardino Meridian, City of Carlsbad, San Diego County,
State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s). “A” - “11” dated July 7, 1999 on file in the Planning Department
POINSETTIA PROPERTIES PLANNING AREA 7, CT 99-02, as provided by Title 20 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July 1999, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
AREA 7, CT 99-02, based on the following findings and subject to the following
conditions:
Findinm:
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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 proposed 117 airspace condominium project is
consistent with the land use designation and density allowed by the Poinsettia
Properties Specific Plan to help meet the housing needs of the community. The
Project is consistent with all City policies and standards and the requirements of
Specific Plan 210. The City Council approved the specific plan and made the
finding that the plan implements the General Plan and is consistent with the goals,
objectives and policies of the General Plan. The specific .plan provides for the
following: 1) the provision of the necessary circulation element roadways and
improvements (Poinsettia Lane and Carlsbad Boulevard); 2) the protection and
enhancement of the off-site wetland areas; 3) the construction of a future public
trail; 4) the provisions for affordable housing; 5) compliance with the Local
Facilities Management Plan Zone 22 for public facilities and services; 6)
implementation of the mitigation, monitoring, and reporting program for the SP
210 Program EIR, and, 7) the payment of all required mitigation fees for the
conversion of agricultural lands to urban land uses.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for RM or RMH, residential development on the
General Plan, in that the land uses being called for by the approved Specific Plan
(RMH residential uses) implement the City’s General Plan.
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 the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the approved Specific Plan and other applicable City regulations.
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 structured such that there are no conflicts
with existing easements.
That the project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance as the Developer entered into an Affordable Housing
Agreement to provide and deed restrict 92 dwelling units as affordable to lower-income
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households in Planning Area 5 of the Poinsettia Properties Specific Plan thereby
fulfilling the affordable housing obligation for Planning Area 7.
That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15 182 of
the state CEQA Guidelines and Section 65457 of the California Government Code and
will not have any adverse significant impact on the environment.
That this project could have a potentially significant negative cumulative traffic
impact on the Palomar Airport Road/El Camino Real intersection. However, this
project has been conditioned to pay its fair share of the “short-term improvements”
thereby, guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards including the RD-M
Zone, as well as the standards and design criteria established by the Poinsettia
Properties Specific Plan.
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 the project is consistent with the design criteria of
both the RD-M Zone and the Poinsettia Properties Specific Plan in that all setbacks
have been provided; a pedestrian focus has been maintained; landscaping has been
integrated throughout the site; and recreational facilities have been provided for a
variety of ages and life styles.
That the street systems serving the proposed use are adequate to properly handle all
traffic generated by the proposed use, in that private streets will be improved to a full
32 or 36 foot width with curbs, gutters, sidewalks, etc. and that the proposed street
has been demonstrated through the specific plan and Program EIR to be adequate
to accommodate the traffic generated by this project.
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the site plan provides
for a variety of building placement alternatives, including the adequate separation
of the structures and the dominate westerly windholar radiation patterns will allow
utilization of natural heating and cooling opportunities.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the drainage
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requirements of SP 210, City ordinances and standards, the Mello I1 Segment of the
Local Coastal Program and Best Management Practices for water quality have been
considered and appropriate drainage facilities have been designed as shown on the
project’s exhibits. The project is conditioned to comply with all applicable National
Pollution Discharge Elimination System requirements.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project is subject to all applicable mitigation measures required
by the Mitigation Monitoring and Reporting Program certified with Final Program
EIR 96-01, as contained in Planning Commission Resolution No. 4157.
That all feasible mitigation measures identified in Program EIR 96-01 which are
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 mitigate
noise impacts in accordance with EIR 96-01;
E) building heights have been reduced to a maximum of 23.5’; and
F) standard City grading procedures will be implemented to ensure erosion
control and reduce sedimentation.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
A. The project has been conditioned to ensure 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 project is conditioned such that a note shall be placed on the final
map that building permits may not be issued for the project unless the District
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the District
Engineer is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
B. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
C. That park credits for SP 210 have already been met through an agreement
with the Occidental Land Company, John D. Lusk & Son, and the City on
June 17, 1982, whereby the previous property owner agreed to construct
Poinsettia Bridge, dedicated park land and received park land credits for 725
units for all parcels within Specific Plan 210, including the subject parcel.
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Approval of CT 99-02 will deduct 117 credits from the present balance of 521
leaving a remaining number of 404 available credits.
D. All necessary public improvements have been provided or are required as
conditions of approval.
E. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
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 22.
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 specifically stated in the condition, all of the following conditions upon approval
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 corrections and
modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. The project must comply with all mitigation measures required by the Mitigation
Monitoring and Reporting Program certified with Program EIR 96-01 on January 20,
1998.
3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map as approved by the final decision making body. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be submitted to
the City Engineer and approved prior to building, grading, final map, or improvement
plan submittal, whichever occurs first.
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The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving resolutions on a 24” x 36” blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfill the subdivider’s agreement to pay the public
facilities fee dated January 7, 1999, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy. A note
to this effect shall be placed on the final map.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to
provide school facilities.
The 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.
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 residential
housing 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 laws.
Approval of CT 99-02 is granted subject to the approval of CP 99-02 and CDP 99-03.
CT 99-02 is subject to all conditions contained in Planning Commission Resolutions
No. 4584 and 4585 for CP 99-02 and CDP 99-03.
The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
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A. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
D. A statement to the effect that no enclosed or unenclosed additions shall be
allowed at any time by any owners, successors in interest, and /or occupants,
except for the allowance shown on the approved “Trellis/Patio Cover and
Balcony/Deck Plan”.
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Maintenance responsibilities for the common areas (to be maintained by the
Homeowners’ Association) and for the exclusive use areas (to be maintained
by the individual airspace unit owner) shall be as delineated on the approved
“Maintenance Responsibilities” exhibit, Attachment 9 to staff report dated
July 7, 1999. This information shall also be shown on the detailed landscape
plan and the final grading plan for this project. Prior to the issuance of
building permits, the applicant shall submit a recorded copy of the
Condominium Plan (filed with the California Department of Real Estate)
which must indicate that ownership and maintenance responsibilities are in
conformance with the “Maintenance Responsibilities” exhibit and all
approved City exhibits.
The CC&Rs shall include a disclosure to future property owners and tenants
of this project that this site may be subject to impacts as follows:
A) Noise, air and traffic impacts from Poinsettia Lane, Carlsbad
Boulevard, the San Diego Northern Railroad, and the Poinsettia
Commuter Rail Station.
The CC&Rs shall include a provision allowing a property owner access
across an adjacent property owner’s exclusive use area for the purpose of
maintaining the exterior of a structure.
Prior to the issuance of the first building permit, Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Tentative Tract Map, Condominium
Permit, and Coastal Development Permit by Resolutions No. 4583,4584 and 4585 on
the real property owned by the Developer. 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 Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
The Developer shall pay all required agricultural mitigation fees prior to
recordation of the final map or the issuance of a grading permit (whichever occurs
first) in accordance with the provisions of the Coastal Agriculture Overlay Zone.
Prior to issuance of building permit, the owner shall submit an acoustical analysis
which demonstrates that the architectural plans comply with the State of California
interior noise standard of 45 CNEL. The architectural plans shall incorporate any
additional measures (thicker glazing, sound absorption material, shielding of vents,
or artificial circulation system) to attenuate the noise to an acceptable level. Where
windows are required to be unopenable or kept closed in order to meet the interior
noise standards, mechanical ventilation and cooling, if necessary, shall be provided
to maintain a habitable environment. The system shall supply two air changes per
hour to each habitable room including 20% (one-fifth) fresh make-up air obtained
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directly from the outdoors. The fresh air inlet duct shall be of sound attenuating
construction and shall consist of a minimum of ten feet of straight or curved duct or
six feet plus one sharp 90 degree bend.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with Final
Program EIR 96-01 as contained in Planning Commission Resolution No. 4157.
Grading is prohibited from October 1 to April 1. The City Engineer may permit an
extension of the grading season until November 15, if all precautionary measures
regarding erosion, consistent with the City’s grading ordinance, have been put in
place.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
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 andor
addresses shall contrast to their background color.
The Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, 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
to enhance or consistent with basic architectural theme of the project.
The Developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director. In addition, the
sales office shall prominently display the approved “Trellis/Patio Cover and
Balcony/Deck Plan”. Prior to the issuance of a certificate of occupancy for any
units, an inspection shall be made by Planning Department staff to ensure
compliance with this condition. During the course of subsequent final inspections
and occupany approvals by the Planning Department, random monitoring and
periodic inspections of the sales office shall be made by Planning Department staff
to ensure continued compliance with this condition. If the sales office is found to be
not in compliance with this condition at any time, certificate of occupancy approvals
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shall be suspended by the Planning Director until compliance is achieved to the
satisfaction of the Planning Director.
Prior to occupancy, the developer shall install the public pedestrian trail located
within the 10 foot trail easement and the trail segment which connects to the west
North County Transit District (NCTD) loading area. The developer shall
coordinate installation of the proposed improvements, including signage, with
NCTD.
Prior to occupancy, the developer shall construct the public trail located within the
40 foot landscape buffer on Carlsbad Boulevard.
Prior to occupancy, the Developer shall contruct a private trail and security gate for
pedestrain ingress and egress near the northeast corner of the site. The trail shall
connect to the public NCTD trail. The Developer shall at the southeast corner of the
site provide a private pedestrain access point and security gate to connect to the
public sidewalk on Poinsettia Lane unless the Planning Director determines that the
subject access is infeasible to construct without major project redesign. The
location and design of these trails shall be subject to the review and approval of the
Planning Director.
Prior to issuance of a building permit, an exterior lighting plan shall be submitted for
Planning Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
The project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CURS for the project shall include this
requirement.
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.
The Developer shall implement, or cause the implementation of, the (EIR 96-01) Project
Mitigation Monitoring and Reporting Program.
Paleontology:
A) Prior to issuance of a grading permit, the developer shall present a letter to
the City indicating that a qualified paleontologist has been retained to carry
out an appropriate mitigation program. (A qualified paleontologist is
defined as an individual with an MS or Ph. D. in paleontology or geology who
is familiar with paleontological procedures and techniques.)
B) A qualified paleontologist shall be present at the pre-construction meeting to
consult with the grading and excavation contractors.
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A paleontological monitor shall be on-site a minimum of half-time during the
original cutting of previously undisturbed sediments to inspect cuts for
contained fossils. In the event that fossils are discovered, it may be necessary
to increase the per/day in field monitoring time. Conversely, if fossils are not
being found then the monitoring should be reduced. (A paleontological
monitor is defined as an individual who has experience in the collection and
salvage of fossil materials.) The paleontological monitor shall work under
the direction of a qualified paleontologist.
When fossils are discovered the paleontologist (or paleontological monitor)
shall recover them. In most cases this fossil salvage can be completed in a
short period of time. However, some fossil specimens (such as complete,
large, mammal skeleton) may require an extended salvage period. In these
instances the paleontologist (or paleontological monitor) shall be allowed to
temporarily direct, divert, or halt grading to allow recovery of fossil remains
in a timely manner. Because of the potential for the recovering of small fossil
remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
Prior to approval of the final map, the Developer shall provide an irrevocable offer
of dedication to the City of Carlsbad for a trail easement for the trail shown on the
tentative map within Open Space Lot 1. If the City of Carlsbad accepts dedication
of the trail easement, the trail shall be constructed as a public trail and will be the
maintenance and liability responsibility of the City of Carlsbad. If the City of
Carlsbad does not accept dedication of the trail easement, the trail shall still be
constructed as a public trail and shall be the maintenance and liability responsibility
of the Master Homeowners Association.
This project shall comply with all conditions and mitigation measures which are required
as part of the approved Condominium Permit and Coastal Development Permit as
contained in Planning Commission Resolutions No. 4583,4584 and 4585.
This project is being approved as an air space condominium. There will be no individual
ownership of land. A note to this effect shall be placed on the final map with the exact
wording to the satisfaction of the Planning Director.
EnPineerinP - Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering
conditions upon the approval of this proposed major subdivision must be met prior to approval of
a final map.
36. Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
37. There shall be one final subdivision map recorded for this project.
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The developer shall provide an acceptable means for maintaining the private easements
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 properties within the
subdivision. Adequate provision for such maintenance shall be included with the CC&Rs
subject to the approval of the City Engineer.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Prior to hauling dirt or construction materials to or from 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.
Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards and shall record the following statement on the
final map (and in the CC&Rs):
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner shall maintain this condition."
FeedAPreements
43. The developer shall pay all current fees and deposits required.
44. 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
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
45. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. The developer must submit
and receive approval for grading plans in accordance with City codes and standards prior
to issuance of a building permit for the project.
46. Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
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Water Resources Control Board.
No grading for private improvements shall occur outside the limits of the subdivision
unless a grading or slope easement or agreement is obtained from the owners of the
affected properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the tentative map or modify the plans so grading will not occur outside the
project site in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
Dedicationsfimprovements
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Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer shall be
made by a certificate on the final map for this project. All land so offered shall be
granted to the City fiee and clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be rededicated.
A. Prior to final map approval, documentation shall be provided to the City
Engineer demonstrating the existence of an easement to Lanikai Lane Mobile
Home Park for egress from the mobile home park on Ponto Drive.
B. Prior to final map approval, the applicant shall make an offer of dedication
to the City for the portion of Lot 2 between its northern boundary and the
southern edge of the entrance area as a public utility and access easement.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along the subdivision boundary.
Direct access rights for all lots abutting Carlsbad Boulevard and Poinsettia Lane shall
be waived on the final map, with the exception of the access points shown on the
tentative map.
The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
53. Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer 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:
A. Improvements to Ponto Drive, consisting of a 20’ paved travel way and curb
on both sides, and joining the existing road at the northern boundary of
Planning Area 7.
B. Half-width street improvements and raised median along the project
frontage on Carlsbad Boulevard to major arterial standards and to the
satisfaction of the City Engineer.
C. Storm drain improvements within the railroad right-of-way from 120’ north
of the southern subdivision boundary and south to join the existing 78”
storm drain.
D. Installation of a traffic signal at the intersection of Street “A” and Carlsbad
Boulevard.
E. A right turn idout access from the existing main entrance of Lanikai Lane
Mobile Home Park to Carlsbad Boulevard.
All street improvement plans are to include signing and striping plans. A list of the
above improvements shall be placed on an additional map sheet on the final map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the secured improvement agreement
or such other time as provided in said agreement.
54. The City will enter into a reimbursement agreement for its share of the realignment
of the northbound lanes of Carlsbad Boulevard frontage improvements. The
agreement will allow for progress payments from the City for its share of any costs
for the improvements beyond the developers obligation specified in the Specific
Plan. Such improvements shall include transitions back to the existing lanes of
Carlsbad Boulevard north and south of the project frontage. This condition is not
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intended to supersede the conditions for requirements contained in the Poinsettia
Properties Specific Plan.
55. The design of the secondary access facility on Poinsettia Lane shall be compatible
with the City’s plans for widening the Poinsettia Lane Bridge. Plans for the
secondary access facility shall be approved by the City Engineer.
56. The design of all private streets and drainage systems shall be approved by 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 and drainage systems shall be
inspected by the City. The standard improvement plan check and inspection fees shall be
paid prior to approval of the final map for this project.
Final MaD Notes
57. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data:
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street
level may be placed or permitted to encroach within the area identified as a sight distance
corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3.
The underlying property owner shall maintain this condition.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
58. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
Water Conditions:
59. All issues associated with the land development have been agreed to by the developer to
the satisfaction of the Carlsbad Municipal Water District. No additional conditions of
approval will be required by the District.
General:
60. If any of the foregoing 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; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Map, Condominium Permit, and Coastal Development Permit.
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Standard Code Reminders:
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The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans including landscaping
perimeter fencing, and recreational facilities.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
Fire hydrants and streets must be installed, approved, and operating prior to
commencement of combustible construction.
Prior to approval of water improvements, the developer must submit a street diagram
drawn to a scale of 1 inch equals 400 feet. The diagram shall be drawn on mylar and
shall depict the following: a) the locations of all streets in the project, b) street names, c)
the location of all fire hydrants, and d) all points of connection to existing streets.
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
“feeslexactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of July, 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CAIUSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMaER
Planning Director
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