HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49131
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PLANNING COMMISSION RESOLUTION NO. 4913
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 99-10 TO
SUBDIVIDE 5.04 ACRES INTO 12 RESIDENTIAL LOTS AND
1 OPEN SPACE LOT ON PROPERTY GENERALLY
LOCATED EAST OF BLACK RAIL ROAD BETWEEN
POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: BUERGER SUBDIVISION
CASE NO.: CT 99-10
WHEREAS, William and Anita Buerger, “Developer,“/“Owner,” have filed a
verified application with the City of Carlsbad regarding property, described as
Parcel 1: The northwest quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
according to United States Government Survey, approved
April 21, 1890.
Parcel 2: The northeast quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
according to the United States Government Survey approved
April 21, 1890.
Parcel 3: An easement for road and public utility purposes
over, under, upon and across the westerly 30 feet of the south
half of the northwest quarter of the northwest quarter of the
northeast quarter of Section 27, Township 12 South, Range 4
West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States
Government survey approved April 21,189O.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “I” dated February 21, 2001, on file in the Planning
Department BUERGER SUBDIVISION - CT 99-10, as provided by Title 20 of the Carlsbad
Municipal Code; and
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WHEREAS, the Planning Commission did, on the 2lst day of February, 2001,
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:
A)
W
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BUERGER SUBDIVISION - CT 99-10,
based on the following findings and subject to the following conditions:
Findinus:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
City regulations.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan,
in that surrounding residentially designated properties are designated for and/or
have been approved for development with single-family homes on similar sized lots.
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 complies with all City policies and standards without the
need for a variance from development standards.
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 prior to, or concurrent with, recordation of the final map, the developer will
vacate and adjust any easements that conflict with the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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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 lots are oriented in an
east-west alignment for southern exposure and to take advantage of prevailing
breezes.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
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 site has been disturbed and does not contain any
significant habitats.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan 203 based
on the facts set forth in the staff report dated January 17, 2001 including, but not limited
to the following:
A. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 2.95 du/acre is within the density range of O-4 du/acre
specified for the site as indicated on the Land Use Element of the General Plan,
and is below the growth control point of 3.2 du/acre.
B. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards.
C. Housing - That the project is consistent with the Housing Element of the
General Plan and the Inclusionary Housing Ordinance as the Developer has
been conditioned to enter into an Affordable Housing Agreement to purchase
two affordable housing credits in Villa Loma.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
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A. The project has been conditioned to provide proof from the Carlsbad School
District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the portion of the parcel proposed for the
panhandle lot is otherwise inaccessible.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that all other lots in the subdivision will have public street access.
That the buildable portion of the lot consists of 9,150 square feet and the panhandle lot
satisfies all required development standards of Section 21.10.080(c) of the Carlsbad
Municipal Code;
That the front, side, and rear property lines of the buildable lot, for purposes of
determining required yards, are as shown on Exhibit “B” dated February 21,200l.
That any panhandle lot hereby approved satisfies all the requirements of Section
21.10.080(d) of the Carlsbad Municipal Code.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or
issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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 Tract Map.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This approval is granted subject to the approval of the Negative Declaration, ZC 99-05,
LCPA 99-03, HDP 99-08, and CDP 99-17 and is subject to all conditions contained in
Planning Commission Resolutions No. 4910, 4911, 4912, 4914, and 4915 for those
other approvals.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1 st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase
two affordable housing credits in the Villa Loma housing project in accordance with
the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code.
The draft Affordable Housing Agreement shall be submitted to the Planning Director no
later than 90 days after the California Coastal Commission action on the project.
The recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Prior to the issuance of the 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, Hillside Development Permit, and
Coastal Development Permit by Resolutions No. 4913, 4914, and 4915 on the real
property owned by the Developer. Said Notice of Restriction shall note the property
description, location of the tile 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.
If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
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Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
The Developer shall display a current Zoning and Land Use Map, or an alternative,
suitable to the Planning Director, in the sales office at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future
and existing schools, parks and streets.
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.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
The Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
The Developer shall provide a minimum of 25 percent of the lots with adequate side yard
area for Recreational Vehicle storage pursuant to City Standards.
The Developer shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
The tentative map approval shall expire twenty - four (24) months from the date of the
resolution containing the tinal decision for tentative map approval.
The Developer shall dedicate Lot 13 to the Homeowner’s Association and an open
space easement for Lot 13 to prohibit any development, including but not limited to
fences, walls, decks, storage buildings, pools, spas except as shown on Exhibit “F”,
dated February 21,200l and as allowed by the SDG&E easement.
The Developer shall dedicate to the Homeowner’s Association an open space
maintenance easement over the areas identified for common maintenance on
Exhibit “G” dated 2-21-01. A note to this effect shall be placed on the final map as
non-mapping data.
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 tinal 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.
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General Enforcement by the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a 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.
Special Assessments Levied bv 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.
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E.
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Common Ownership Land or Improvements. Provisions shall be established
for : 1) maintenance of all common areas, payment of taxes and all other
privileges and responsibilities of the common ownership; 2) prohibiting the
homeowners association from quitclaiming land in Association easement to
private property owners thus allowing the homeowners to privatize a
common area for his/her own use.
Landscape Maintenance Responsibilities, The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit “F”
- “I.” The common maintenance responsibility includes open space (Lot 13)
and all perimeter manufactured slopes as shown on the Landscape
Maintenance Plan, Exhibit “G,” on file at the City of Carlsbad Planning
Department. Relinquishing maintenance responsibility of HOA maintained
lots and/or slope to individual property owners shall be prohibited. The
following restriction shall be incorporated into the CC&Rs for Lots 7 - 10:
The landscape design shall incorporate fire protective landscaping for
defensible space purposes at the rear of Lots 7 - 10 for tire protection
purposes in accordance with the final Landscape Plan on file at the City of
Carlsbad Planning Department. Fire protective landscaping shall exist in an
easement dedicated to the Homeowners Association, which shall extend from
the rear property line to a point no closer than 20 feet from proposed
structures. Landscaping in this defensible space zone shall consist of
ornamental ground cover plants which will not contribute to fire spread.
Landscaping shall be irrigated and maintained free of hazard by the
Homeowner’s Association. No structures shall be placed in the defensible
space/HOA maintenance easement, and no encroachment of any kind shall
be permitted on HOA maintained slopes.
Balconies. trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
“G” on file at the City of Carlsbad Planning Department. Balconies,
trellises, and decks proposed on Lots 7 - 10 in the 20’ rear yard landscape
setback between the main structure and top of slope shall conform to the
Class 1 Ignition Resistant requirements of Sections 504 and 602 of the Urban
Wildland Interface Code.
27. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal Program, the applicant shall provide
payment of an agricultural mitigation fee, the amount of which shall not be less than
$5,000 nor more than $10,000 for each net converted acre of non-prime agricultural
land. The amount of the fee shall be determined by the City Council prior to
approval of the final map and shall be consistent with the provisions of Carlsbad’s
LCP. The fee shall be paid prior to final map or issuance of a grading permit,
whichever occurs first.
28. Prior to issuance of a building permit the applicant shall receive approval of a site
development permit in accordance with Chapter 21.06 of the Carlsbad Municipal
Code.
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Compliance with APCD Rules 51 (The “Nuisance” Rule), 52 (Particulate Matter),
and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust
impacts generated during grading operations. A note shall be placed on the grading
permit stipulating that the following measures shall be required to achieve
compliance with these rules, and reduce construction-related air pollutants:
The watering of all surfaces being graded and haul routes shall be required
during dry weather conditions.
All unpaved areas shall be revegetated according to approved landscape
plans as soon as possible after grading.
All construction-related traffic shall be restricted to routes that are dust-
controlled, and reduced speed limits shall be maintained for all haul and
construction vehicles.
All construction activities shall be limited during periods of high winds.
All heavy-duty, diesel-powered construction equipment shall be operated
according to manufacturers suggested operating instruction (with the fuel-
injection timing retarded to recommended levels for NOx emissions, but
which would not result in excessive visible smoke emissions) in order to
control pollutant emissions.
Constructiou equipment shall be subject to regularly scheduled
maintenance/tune-ups, and be turned off when not being utilized to avoid
excessive idling emissions.
The application of architectural coating and cut-back asphalt shall adhere to
APCD Rules 67.0 and 67.7, to effectively control other construction-related
emissions of air pollutants.
The Engineering Department shall monitor for compliance during all grading
operations of the project.
The Homeowner’s Association shall obtain and distribute to owners and tenants
annual information from Caltrans and North County Transit regarding the
availability of public transportation, ride-sharing, and transportation pooling
services in the area. This information shall also be provided in the sales office of the
project. A condition so stating this shall also be placed in the CC&Rs for the
project.
Prior to occupancy of individual units, a solid wall or fence and landscaped
windbreaks shall be installed along the perimeter of any future developable area
that abuts property under “open field” cultivation, in order to reduce public
nuisance effects of adjacent pesticide spraying and dust generation from farm
vehicles and operations.
Prior to issuance of a building permit the project shall comply with the City of
Carlsbad’s standards for solid waste management.
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Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shall notify, to the satisfaction of the Planning Director and City
Attorney, all owners, users and tenants of this project that this area is subject to
dust, pesticides, and odors associated with adjacent agricultural operations, and
that the owners, users, and tenants occupy this area at their on risk. The Developer
shall post notices to this effect in all sales/rental offices associated with the
development.
All grading shall comply with the recommendations incorporated by Geocon in the
preliminary geotecbnical investigation and updates of the site dated August 1998
and July 15,1999 and any amendments or updates of the report, that is on tile in the
Planning Department.
Prior to approval of a final map, improvement plans shall be submitted to the
Engineering Department showing locations and sizing of reclaimed and or urban
runoff diversion facilities, in accordance with the Carlsbad Municipal Water
District requirements and the phasing schedule provided in the Zone 20 LFMP.
Reclaimed water facilities shall be constructed in all major roadways within the
project.
Prior to any grading of the project site, a paleontologist shall be retained to perform
a walkover survey of the site and to review the grading plans to determine if the
proposed grading will impact fossil resources. A copy of the paleontologist’s report
shall be provided to the Planning Director prior to issuance of a grading permit.
A qualified paleontologist shall be retained to perform periodic inspections of the
site and to salvage exposed fossils. Due to the small nature of some of the fossils
present in the geologic strata, it may be necessary to collect matrix samples for
laboratory processing through tine screens. The paleontologist shall make periodic
reports to the Planning Director during the grading process.
The paleontologist shall be allowed to divert or direct grading in the area of an
exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
All fossils collected shall be donated to a public, non-profit institution with a
research interest in the materials, such as the San Diego Natural History Museum.
Any conflicts regarding the role of the paleontologist and the grading activities of
the project shall be resolved by the Planning Director and City Engineer.
The Developer shall provide the following note on the final map of the subdivision and
final mylar of this development submitted to the City:
A. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth
Management Control Point for each General Plan land use designation.
Development cannot exceed the Growth Control Point except as provided by
Chapter 21.90. The land use designation for this development is 3.2 dwelling
units per non-constrained acre.
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43.
44.
45.
46.
47.
Parcels 1 - 13 were used to calculate the intensity of development under the
General Plan and Chapter 2 1.90. Subsequent redevelopment or resubdivision of
any one of these parcels must also include parcels 1 - 13 under the General Plan
and Chapter 21.90 of the Carlsbad Municipal Code.”
The panhandle lot (Lot 4) shall have three non-tandem parking spaces with an
approach not less than twenty-four feet with a proper turnaround area to permit
complete turnaround for a forward access to the street. Said parking and
turnaround shall be subject to approval of the City Engineer.
Structures permitted in the access portion of the panhandle lot shall be limited to
mailboxes, fences, landscape containers and nameplates. Except for mailboxes, the
structures shall not be greater than forty-two inches in height if located within
twenty feet of the property line or greater than six feet if beyond this point.
The front yard of the panhandle lot (Lot 4) shall be defined as a line that is parallel
to and twenty feet west of the eastern property line.
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 trail(s) shown on the
tentative map within Open Space Lot(s) 13. Prior to the issuance of any building
permits, the trail shall be constructed as a public trail for public use and accepted
by the City of Carlsbad upon adoption of a Citywide Trails Program that includes
provisions for maintenance aud liability. Otherwise, prior to issuance of any
building permits, the obligation for acceptance, construction, maintenance, and
liability shall be the responsibility of another agency designated by the City or the
responsibility of the Homeowner’s Association.
Prior to issuance of a grading permit, the applicant shall submit to the Planning
Department a recorded copy of a right-of-way use agreement with San Diego Gas
and Electric and a letter of permission of grading and construction of improvements
from San Diego Gas and Electric for the proposed encroachments into the existing
easement for the grading and construction of the improvements.
Engineering:
General
48. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
49. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
50. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from and
against any and all liabilities, losses, damages, demands, claim and costs, including court
costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a)
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51. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
52. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
53. There shall be one Final Map recorded for this project.
City’s approval and issuance of this tentative parcel map, (b) City’s approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, including an action tiled within the time period specified in
Government Code Section 66499.37 and (c) Developer’s installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from
the emission by the facility of electromagnetic fields or other energy waves or emissions.
A. Developer shall install sight distance corridors at all street intersections in
accordance with Engineering Standards.
54
55,
56.
Fees/Apreements
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the tentative map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
A.
B.
Clearly delineate the limits of the drainage course;
State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
The City of Carlsbad is presently considering action to reform Bridge and
Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred and/or
estimated to complete the design and construction of Aviara Parkway and Poinsettia
Lane within the boundaries of the district. Prior to approval of a final map or
issuance of a building permit on the project site, whichever occurs first, the property
owner shall enter into an agreement with the City whereby the owner/developer
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57.
agrees not to oppose the reformation of B&TD#2 and further agrees to pay their
project’s fair share contribution for the B&TD#Z facilities in accordance with the
fee schedule as may be adopted by the City Council upon reformation of B&TD#2.
In the event building permits are issued in advance of the reformation of the
district, the owner/developer shall post a cash deposit with the City in the amount of
the proposed fee as estimated in the latest revision to the B&TD#2 Fee Study Report
available at the time of building permit issuance.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
58.
59.
60.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
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. Developer shall apply for and
obtain a grading permit from the City Engineer (prior to issuance of a building permit for
the project.)
Coastal Conditions
61. If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer, obtained in advance, and only if all erosion
control measures are in place by October 1”‘.
Dedicatious/Imorovements
62. Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
tentative map. The offer shall be made by a certificate on the final map. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
Streets that already public are not required to be rededicated.
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63.
64.
65.
66.
67.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting Black Rail Road. Lot 5 shall waive access to Street “A” and lot 11 shall waive
access rights to Street “B”.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along the subdivision boundary. The regional overhead transmission system is
specifically not part of this condition. This condition affects the wooden power poles
and individual overhead electric or telephone or cable TV service runs from the pre-
developed condition.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to 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 submitted to
and subject to the approval of 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.
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.
Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the tentative map and the following improvements including, but not limited to
paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, drainage facilities, sewer, water, fire hydrants,
street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of
the City Engineer.
1. Half (55) Street improvements to Black Rail Road along the frontage of this
project, including offsite transitions.
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68.
69.
70.
2. Street “A” and street “B” as shown on the tentative map for this project.
3. Sewer, water and reclaimed water facilities along the frontage of this project
and internally stubbed to the adjacent properties north and south via Street “BW.
4. A 10” Reclaimed Water Main along the frontage of this project in coordination
with adjacent developments. Adjacent development includes but is not limited
to: Paying a fair share of costs, agreeing to a common contractor with the City
and the adjacent developers, extending the improvement to serve properties
north and south of this development.
5. A public drainage system along the south side of this project, intercepting
runoff from street “B” and directing it to the east, including but not limited to a
maintenance free energy dissipator.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act within 18 months of approval
of the subdivision or development improvement agreement or such other time as
provided in said agreement.
Prior to occupancy, the developer shall install street lights along all public and private
street frontages abutting and/or within the subdivision boundary in conformance with
City of Carlsbad Standards.
Prior to occupancy, the developer shall install sidewalks along all public streets abutting
the subdivision in conformance with City of Carlsbad Standards.
Prior to occupancy, the developer shall install wheelchair ramps at the public street
comers abutting the subdivision in conformance with City of Carlsbad Standards.
Final Map Notes
71.
72.
Developer shall show on Final Map the net developable acres for each parcel.
Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
B. 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 sight distance corridors.
73. 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 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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74. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Fire Conditions:
75. Applicant shall provide defensible space in rear yards of lots 7,8,9 and 10 for tire
protection purposes. The design of the defensible space shall conform to the fire
protection section of the City Landscape Guidelines, or a functional alternative. An
acceptable functional alternative would be: The applicant shall incorporate the following
fire protection measures into the landscape and building design of lots 7,8,9 and 10 as
follows:
A.
B.
C.
D.
All buildings shall be constructed in a manner that conforms to the Class 1
Ignition Resistant requirements of Sections 504 and 602 of the Urban Wildland
Interface Code.
All future improvements to the proposed structures must conform to the Class 1
Ignition Resistant requirements of Sections 504 and 602 of the Urban Wildland
Interface Code.
The landscape design shall incorporate tire protective landscaping for defensible
space space purposes at the rear of each lot. Fire protective landscaping shall
exist in an easement dedicated to the Homeowners’ Association, which shall
extend from the rear property line to a point no closer than 20 feet !?om proposed
structures. Landscaping in this defensible space zone shall consist of ornamental
ground cover plants which will not contribute to tire spread. Landscaping shall
be irrigated and maintained free of hazard by the Homeowners Association.
No combustible structures or materials may be placed into the defensible space
easement.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
76. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
77. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 2 1.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
78. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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79. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
80. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of February, 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
ATTEST:
Planning Director
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