HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49971
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 4997
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 00-16 TO
SUBDIVIDE 41.6 ACRES INTO 249 LOTS CONSISTING OF
2 19 SINGLE-FAMILY LOTS, THREE RECREATION LOTS,
ONE RV STORAGE LOT, ONE SEWER PUMP STATION LOT
AND 25 OPEN SPACE LOTS ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF AVENIDA
ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA PROPERTIES P.A. 2,3, & 4
CASE NO. : CT 00-16
WHEREAS, John Laing Homes, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by HS/BP/Michan, L.P, et al., “Owner,”
described as
Lots 1, 2, and 3 of Carlsbad Tract No. 97-10, Poinsettia
Properties, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 13785, filed in the
Office of the County Recorder of San Diego County on May 21,
1999.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A” - “RRRR” dated June 20, 2001, on file in the Planning
Department POINSETTIA PROPERTIES P.A. 2,3, & 4 - CT 00-16, as provided by Title 20
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of June, 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:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 P.A. 2,3,
& 4 - CT 00-16, based on the following findings and subject to the following
conditions:
FindinPs:
1.
2.
3.
4.
5.
That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
project is consistent with the Residential Medium-High (RMH), Residential Medium
(RM), and Open Space (OS) land use designations and densities 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
findings 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 (Avenida Encinas and Poinsettia Lane); (2) the protection and
enhancement of the native habitat areas (off-site vernal pools); (3), the construction
of a future public trail; (4) the provisions for affordable housing; (5) compliance
with the Local Facilities Management Plan for Zone 22 for public facilities and
services, including utility infrastructure (sewer, water, drainage) and open space; (6)
implementation of the mitigation monitoring and reporting program for the SP 210
Program EIR, and, (7) payment of agricultural mitigation fees.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for RM, RMH (residential) and OS (open space)
development on the General Plan, in that the land uses being called for by the
approved Specific Plan (RM, RMH, and OS) 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 and community recreation facility 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 so that there are no conflicts with
existing easements.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
PC RESO NO. 4997 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. 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 structures are oriented
in an east-west alignment for southern exposure and the proposed setbacks,
structure separations and design of the units will allow for adequate air circulation
and the opportunity for passive heating and cooling.
7. 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.
8. 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 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.
9. That all feasible mitigation measures identified in Program EIR 96-01 which are
appropriate have been incorporated into this project in that:
A.
B.
C.
D.
E.
F.
G.
H.
The project has been designed to encourage pedestrian activity;
The project has paid the required Agricultural Mitigation Fees;
The project is protecting paleontological resources;
A 100’ buffer has been provided around the off-site wetlands (vernal pool)
area;
Noise walls, mechanical ventilation and building construction will mitigate
noise impacts in accordance with EIR 96-01;
Building heights have been reduced so that 50% of the homes have building
heights of 26 feet or less, and the remainder of the homes have limited use of
roof elements up to 28 feet high to provide diversity within the
neighborhood;
A minimum of 75% of the trees proposed are canopy trees with a maximum
height of 30 feet; and
Standard City grading procedures will be implemented to ensure erosion
control and reduce sedimentation.
10. 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
requirements of SP 210, City ordinances and standards, the Mello II 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 (NPDES) requirements.
PC RESO NO. 4997 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11.
12.
13.
14.
15.
. . .
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 210 based
on the facts set forth in the staff report dated June 20, 2001 in that the City Council
approved Specific Plan 210 and made the findings that the plan implements the
General Plan and is consistent with the goals, objectives, and policies of the General
Plan.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 22 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
B. 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. Approval of CT 00-16 will deduct 219 credits from the present
balance of 404 leaving a remaining number of 185 available credits.
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.
D. All necessary public improvements, including street frontage improvements
of Avenida Encinas and Poinsettia Lane, and construction of a sewer pump
station have been provided or are required as conditions of approval.
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.
PC RESO NO. 4997 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Conditions:
General:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
final map.
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.
2. 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.
3. 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.
4. 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.
5. The Developer shall implement, or cause the implementation of, the Poinsettia
Properties Specific Plan Final Program EIR Project Mitigation Monitoring and
Reporting Program certified with Program EIR on January 20,199s.
6. 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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
PC RESO NO. 4997 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7.
8.
9.
10.
11.
12.
13.
14.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Tentative Tract Map and Site Plan reflecting the conditions approved by
the final decision making body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
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 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.
This approval is granted subject to the approval of PUD 01-01, SDP 00-12, and CDP OO-
44 and is subject to all conditions contained in Resolutions No. 4998,4999, and 5000 for
those other approvals.
This approval shall become null and void if the first building permit is not issued for this
project within 24 months from the date of final map approval.
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.
Approval is granted for Poinsettia Properties P. A. 2, 3, & 4 - CT 00-16 as shown on
Exhibits “A” - “RFUUV, dated June 20, 2001, on tile in the Planning Department and
incorporated herein by reference. Development shall occur substantially as shown unless
otherwise noted in these conditions.
Landscape
15. 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. A minimum of 75%
of the trees shall be canopy trees with a maximum height of 30 feet as shown on the
landscape concept plan.
16. 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.
PC RESO NO. 4997 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17. The final landscape plans shall incorporate contour grading of the slopes on the
west side of the sound wall (facing the railroad) adjacent to the railroad open space
corridor. The public trail in the corridor shall be located within 21 feet of the
soundwall.
18. Prior to approval of the landscape plans, the developer shall submit a letter from a
qualified biologist stating that the landscaping and irrigation proposed within the
railroad open space corridor complies with the required mitigation measures in the
Program EIR and will not have a detrimental effect on the adjacent vernal pools or
vernal pool watershed.
19. 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:
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. 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.
C. 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.
D. 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
PC RESO NO. 4997 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
E.
F.
G.
H.
I.
J.
K.
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.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit .
Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
.
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 “Deck and Patio Cover
Exhibit”.
A statement to the effect that future modifications may be made to the grass
planting strips in the driveways; however, if the grass is deleted it must be
replaced with decorative paving subject to the approval of the HOA.
A statement to the effect that porches may not be enclosed, used to support a
second-story deck, or converted to livable area.
Maintenance responsibilities for the common areas (to be maintained by the
Homeowner’s Association) and for the private maintenance of individual
residential lots shall be as delineated on the approved “Maintenance
Responsibilities Exhibit, Attachment 10, to staff report dated June 20, 2001.
This information shall also be shown on the detailed landscape plan and final
grading plan for this project.
The CC&Rs shall include a disclosure to future property owners and tenants
of this property that this site may be subject to impacts as follows:
1. Noise, light, air, and traffic impacts from future development of the
designated mixed use commercial site located immediately north of
the subject site;
PC RESO NO. 4997 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20.
21.
22.
Notice
23.
24.
25.
2. Noise, air, and traffic impacts from Interstate 5, Poinsettia Lane,
Avenida Encinas, Embarcadero Way, the San Diego Northern
Railroad, and the Poinsettia Commuter Rail Station;
3. Noise and odor impacts from the sewer pump station located at the
southwest corner of the site and from the Encina Wastewater
Treatment facility.
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 be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the
project.
This project is being approved as a planned development 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 CC&Rs for the project shall include this
requirement.
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/or 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 22, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
Prior to the issuance of the Final Map, 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, Planned Development Permit, Site
Development Plan, and Coastal Development Permit by Resolution(s) No. 4997,
4998, 4999, and 5000 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 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. In addition, the sales office shall prominently
PC RESO NO. 4997 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
display the approved “Deck and Patio Cover Exhibit”. Prior to the issuance of a
certificate of occupancy for any units, an inspection shall be made by the Planning
Department staff to ensure compliance with this condition. During the course of
subsequent final inspections and occupancy 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 out of compliance with this condition at any time,
certificate of occupancy approvals shall be suspended by the Planning Director until
compliance is achieved.
26. 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.
27. Prior to the recordation of the final map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be
subject to noise impacts from the proposed or existing Transportation Corridor and from
the Commuter Rail Transit Station, and that the project may be impacted by odors
from the Encina Wastewater Treatment Plan and on-site sewer pump station in a
form meeting the approval of the Planning Director and City Attorney.
Onsite Conditions - Specific
28. 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.
C. 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.
D. 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
PC RESO NO. 4997 -lO-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29.
30.
31.
32.
33.
34.
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.
Noise barriers shall be constructed surrounding the project site and mechanical
ventilation shall be required for all homes adjacent to Avenida Encinas, Poinsettia
Lane, and the railroad corridor as specified in the Noise Analysis for the Poinsettia
Property Report #Ol-80 prepared by Mestre Greve Associates, dated April 13,2001.
Prior to issuance of a building permit, the developer shall submit a letter from the
acoustical consultant stating that the project has been designed to comply with the
precise recommendations of the study to attenuate exterior and interior noise levels
to acceptable levels as established in the City of Carlsbad Noise Element.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including lighting in recreation and open space areas. All lighting shall be
designed to reflect downward and avoid any impacts on adjacent homes or property.
The construction of the RV storage area and surrounding landscaping shall be
completed prior to occupancy of the first dwelling unit.
The future equipment building for the sewer pump station shall be designed to
complement the architectural style of the development to the satisfaction of the
Planning Director. All equipment shall be adequately screened from view.
All trellis and gazebo structures located on the open space lots shall be located so
that a minimum 5 foot setback is maintained from any adjacent residential property
line and that a minimum 10 foot setback is maintained from any structure to the
curb line.
All corner lots shall be constructed with the enhanced side elevations as shown on
the architectural plans. The building elevations of all lots which abut the perimeter
of the site or which abut open space lots/recreation area lots shall also be
constructed with enhanced side and/or rear elevations as shown on the architectural
plans. In addition lots 77, 78, 126, 139, 172, and 185 shall be constructed with
enhanced rear elevations.
Open Space and Trails
35. 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 Lots 227, 240, 246, 247, 248, and 249. 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 and liability. If the City of Carlsbad does not
accept dedication of the trail easement, the trail shall still be constructed but it shall
be constructed as a private trail for public use and the obligation for acceptance,
construction, maintenance, and liability shall be the responsibility of the
Homeowner’s Association.
PC RESO NO. 4997 -ll-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
36.
37.
38.
39.
Except during construction of the site, unrestricted public pedestrian access shall be
provided at all times through the development to provide public access between the
Avenida Encinas pedestrian parkway and the mixed-use pedestrian link/corridors.
In addition, the east/west pedestrian segments shall provide unrestricted public
access through the development to link the Avenida Encinas public access parkway
with the railroad pedestrian open space corridor.
No development or improvements, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways and landscaping, shall occur within the
open space lots, except as shown on the approved site development plans. A note to
this effect shall be placed on the Final Map.
Prior to issuance of building permits (with the exception of permits for model
homes), the developer shall complete all landscaping and improvements within the
Avenida Encinas Pedestrian Open Space Parkway; the Railroad Pedestrian Open
Space Corridor; the trail and landscaping along Poinsettia Lane; the landscape and
sidewalk improvements on the south side of Embarcadero Way; and the temporary
trail connection from the northerly egress point (at Embarcadero Way) to the
Poinsettia Transit Station.
Public walkways; access parkways; passive recreation areas in PA 2 (lot 222) and in
PA 4 (lot 220); and pocket parks and paseos on lots 223,226,228,229,231,231,233,
234, 235, 236, 237, 238, and 241 shall be constructed either prior to or concurrent
with the construction of the adjacent residences and shall be completed prior to the
first occupancy of the adjacent residence(s).
Engineering Conditions:
General
40.
41.
42.
43.
44.
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.
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.
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.
There shall be one final map recorded for this project.
Developer shall install 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 project Covenants, Conditions & Restrictions (CC&R’s).
PC RESO NO. 4997 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
“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.”
The limits of these sight distance corridors shall be reflected on any improvement,
grading, and landscape plans prepared in association with this development.
Fees/Aweements
45. 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
46. Prior to the issuance of a grading permit, 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.
47. 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.
Coastal Conditions
48. If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1”‘. Grading activities shall be limited to the “dry season”, April 1”’
to October 1” of each year. Grading activities may be extended to November 15’ upon
written approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October lSt.
Dedications/Improvements
49. Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets (portion of Poinsettia Lane) and
other easements (public access easements along Avenida Encinas and Poinsettia
Lane) 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 to the City. Streets that are already public are not required to be rededicated.
50. 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.
PC RESO NO. 4997 -13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
51. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plan check and inspection fees.
52. 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 as indicated below. These improvements include, but are
not limited to: paving, base, striping, signing, sidewalks, handicap ramps, curbs and
gutters, medians, grading, clearing and grubbing, under grounding or relocation of
utilities, sewer, potable and reclaimed water, fire hydrants, street lights, and retaining
walls to City Standards and to the satisfaction of the City Engineer.
A.
B.
C.
D.
E.
On-site street improvements;
Avenida Encinas frontage improvements;
Install a driveway and paved Asphalt/Concrete (A/C) access to the proposed
lift station and existing 72” storm drain, located within the North County
Transit District (NCTD) right of way;
Realign, or participate in the realignment (if the City realigns the sewer line
as part of the Poinsettia Lane CIP), of the existing 21 inch sewer line in
Poinsettia Lane between proposed Lot No.‘s 19 and 20, as shown on the
tentative map.
Poinsettia Lane frontage improvements:
Developer shall either construct the Poinsettia Lane frontage
improvements; or, if the City constructs the Poinsettia Lane frontage
improvements, as a Capital Improvement Project, then the Developer
shall cash-out their proportionate share of the frontage improvements, to
the satisfaction of the City Engineer. The Developer’s proportionate
share shall include, but not be limited to: concrete sidewalk, concrete
curb and gutter, base and paving of the “outside” lane (adjacent to the
curb and gutter), one-half of a fully improved landscape raised median,
parkway landscaping, public utilities, and street light standards.
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. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
53. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting Embarcadero Way, Avenida Encinas and Poinsettia Lane; exclusive of
project access at Embarcadero Way and Avenida Encinas, as shown on the tentative
map.
54. Prior to issuance of building permits, Developer shall underground all existing overhead
PC RESO NO. 4997 -14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
utilities along, adjacent to, or within the subdivision boundary.
55. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results. Developer is
permitted to utilize the existing off-site detention basin, located west of Carlsbad
Boulevard and north of Batiquitos Lagoon, to fulfil1 this condition of approval. If
Developer cannot utilize this existing detention basin, due to environmental
concerns, then Developer must meet this requirement on-site.
56. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and San Diego Regional Water Quality Control
Board (SDRWQCB), Order No. 2001-01. Developer shall provide improvements
constructed pursuant to best management practices (BMP’s) 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 constructing structural BMP’s (vortex
type water quality system as shown on the tentative map) and notifying prospective
owners and tenants of the following:
A.
B.
C.
D.
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.
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.
Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Prior to the issuance of grading permit, the Developer shall submit for City
approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP
shall be in compliance with current requirements and provisions established
by the SDRWQCB. The SWPPP shall address measures to reduce, to the
maximum extent possible, storm water pollutant runoff at both construction
and post-construction phases of the project. At a minimum, the SWPPP shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control BMP’s to filter said pollutants.
PC RESO NO. 4997 -15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3) Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education
on the proper procedures for handling clean up and disposal of
pollutants.
Water
4) Ensure long-term maintenance of all post constructed BMP’s in
perpetuity.
57.
58.
59.
60.
61.
62.
63.
64.
65.
Prior to approval of improvement plans, Developer shall meet with the City Fire Marshal
to determine if fire protection measures (tire flows, fire hydrant locations, building
sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the Deputy City Engineer - Design.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the Deputy City Engineer - Design, wider easements may be required
for adequate maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of building permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the Deputy City Engineer - Design.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer -
Design.
The Developer shall install potable water and recycled water services and meters at a
location approved by the Deputy City Engineer - Design. The locations of said services
shall be reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
Deputy City Engineer - Design. The locations of sewer laterals shall be reflected on the
project public improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities to the satisfaction of the Deputy City Engineer - Design. Proposed public
facilities shall be reflected on the project public improvement plans.
The Developer shall provide separate potable water meters on each proposed lot. Said
water meters shall be adjacent to each other for future telemetry purposes, as shown
on the tentative map.
PC RESO NO. 4997 -16-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
66.
67.
68.
69.
70.
71.
72.
The entire potable water, recycled water, and sewer system shall be evaluated in detail to
ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction
of the Deputy City Engineer - Design.
The potable water system for this proposed project shall be constructed as a looped
system. The Developer shall complete the looped water system by tying into the existing
waterline system on Embarcadero Way and Avenida Encinas to the satisfaction of the
Deputy City Engineer - Design.
The Developer shall submit a detailed sewer study, prepared by a Registered Engineer,
that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
be submitted concurrently with the improvement plans for the project and the study shall
be prepared to the satisfaction of the Deputy City Engineer - Design.
The Developer shall submit a detailed potable water study, prepared by a Registered
Engineer that identifies the peak demands of the project (including fire flow demands).
The study shall identify velocity in the main lines, pressure zones, and the required pipe
sizes. Said study shall be submitted concurrently with the improvement plans for the
project and the study shall be prepared to the satisfaction of the Deputy City Engineer -
Design.
The Developer shall submit a detailed recycled water study, prepared by a Registered
Engineer that identifies the peak demands of the project. The study shall identify velocity
in the main lines and the required pipe sizes. Said study shall be submitted concurrently
with the improvement plans for the project and the study shall be prepared to the
satisfaction of the Deputy City Engineer - Design.
The Developer shall submit detailed design drawings prepared by a Registered Engineer
for the construction of a sewer lift station (located at proposed Lot No. 225) and
pressure reducing station (located approximately at proposed Lot No.‘s 17,lS and 19)
required to serve the project. Said plans shall be prepared to the satisfaction of the Deputy
City Engineer - Design.
Prior to the submittal of improvement plans, the Developer shall submit and receive
approval of a design study prepared by a Registered Engineer that identifies the:
A. Suggested site layout of sewer lift station;
B. Size, type, and number of sewer pumps required;
C. Type and availability of electricity (2 or 3 phase);
D. Alignment of force main;
E. The hydraulic grade line of the force main;
F. Surge analysis on force main;
G. Size, type, length of force main;
H. Size of wet well;
PC RESO NO. 4997 -17-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I.
J.
K.
L.
M.
N.
0.
P.
Resident time of sewage from wet well to top of force main;
Anticipated flow during initial occupancy of units;
Maintenance schedule required to cycle pumps during low flows of initial
occupancy of units;
Suggested type of chemical injection;
Odor control;
Corrosion protection;
Size and type of back-up generator;
Schematic of Telemetry; and,
73.
Said study shall be prepared to the satisfaction of the Deputy City Engineer - Design.
The Developer shall submit detailed architectural design drawings to the Planning
Director for any proposed lift station buildings/structures.
Final Map Notes
74. Note(s) to the following effect shall be placed on the final map as non-mapping data.
A.
B.
C.
All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Public sewer located within the on-site “General Utility and Access
Easement.”
2. Public potable & reclaimed water located within the on-site “General
Utility and Access Easement.”
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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.
Fire Department Conditions:
75. The applicant must relocate the proposed fire hydrants in accordance with the Fire
Department requirements.
76. Proposed gates must be equipped with Knox system key access to be approved by
the Fire Department.
STANDARD CODE REMINDERS
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
PC RESO NO. 4997 -18-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
77. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
General
78.
79.
80.
81.
82.
83.
84.
85.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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 (the Grading Ordinance) to the satisfaction of the City
Engineer.
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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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.
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 and
recreational facilities, except as modified by the approving resolutions.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the 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.
PC RESO NO. 4997 -19-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 20th day of June 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen,
and Trigas
NOES:
ABSENT: Commissioners Compas and L’Heureux
ABSTAIN:
ATTEST:
MICHAEL J. HxZMtiER
Planning Director
PC RESO NO. 4997 -2o-