HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50161
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. 5016
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 99-03 TO
SUBDIVIDE 660.7 ACRES INTO 49 LOTS ON PROPERTY
GENERALLY LOCATED APPROXIMATELY 2,500 FEET
SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL
CAMINO REAL, NORTH OF ALGA ROAD, AND WEST OF uNIcoRNIo STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
CASE NAME: VILLAGES OF LA COSTA - THE GREENS
CASE NO. : CT 99-03
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
See Attachment VT 99-03 - A”, attached hereto and
incorporated by this reference.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “EEE”, “UUUU”, and “YYYY” dated August 29, 2001, on
file in the Planning Department VILLAGES OF LA COSTA, THE GREENS - CT 99-03 as
provided by Title 20 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 29th day of August 2001 and
on the 5th day of September 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) That the foregoing recitations are true and correct.
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
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA, THE
GREENS - CT 99-03, based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
7.
8.
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 Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable
regulations including the Villages of La Costa Master Plan (MP 98-01).
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for a number of residential densities and non-
residential land uses as listed in the staff report which are compatible with adjacent
existing and planned development. An analysis of land use compatibility is also
contained in the Final Program EIR
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while complying with all development standards and public facilities
requirements and is less than the number of units that are permitted by the existing
plans and regulations applicable to the site.
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 concurrent with recordation of the final map the developer will vacate and
adjust any easements that conflict with proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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 various directions and adequate separations will be provided to allow for breezes
to cool the areas and landscaping will be installed to provide shade and reduce the
temperature of developed areas.
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
PC RESO NO. 5016 -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
habitat, in that the project will implement all required mitigation measures contained
in the Final Program EIR and the Mitigation Monitoring and Reporting Program
that are applicable to The Greens.
9. 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.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and The Villages of La Costa
Master Plan based on the facts set forth in the staff report dated August 29,200l and as
contained in the Planning Commission Resolution for GPA 98-01 which are
incorporated herein by reference.
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 10 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
and San Marcos Unified School Districts 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 or be satisfied by the use of
existing parkland credits in addition to the dedication of land for the future
Alga Norte Park Site.
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.
12. 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 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 10.
14. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
PC RESO NO. 5016 -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
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 10 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
15. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise as the property is within the Noise Impact
Notification Areas and no use shall be permitted inside the McClellan-Palomar
Airport Flight Activity Zone which is designed or intended to educate, entertain,
accommodate, serve, congregate and/or employ a total of 100 or more persons at one
time. This occupancy limitation is to comply with the provisions of the CLUP and
affects Neighborhood Areas 1.1 and 1.2 of La Costa Greens. The project is
compatible with the projected noise levels of the CLUP; and, based on the noise/land use
compatibility matrix of the CLUP, the proposed land use is compatible with the airport,
in that no areas of the project site are within the 60 CNEL or greater noise contours
for the airport.
16. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
17. 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 the
recordation of a final map or issuance of a 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 Master Tentative Tract Map (CT 99-03).
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Master 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.
PC RESO NO. 5016 -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
4.
5.
6.
7.
8.
9.
10.
11.
12.
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, Tom (a) City’s approval and issuance of this Master 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 Director a reproducible 24” x 36”, mylar
copy of the Master 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 School District that this project has satisfied its obligation to provide
school facilities for the permits being issued.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.
Building permits will not be issued for 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. Notes: A note to this
effect shall be placed on the Final Map.
The Developer shall implement, or cause the implementation of, the Villages of La
Costa Project Mitigation Monitoring and Reporting Program.
This approval is granted subject to the approval of EIR 98-07, GPA 98-01, MP 149(Q),
MP 98-01, LFMP 10, HDP 99-01, SUP 01-04, and SUP 99-01 and is subject to all
conditions contained in the Planning Commission Resolutions for those other
approvals.
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 au Affordable Housing Agreement with the City to provide and deed restrict the required 15 percent of the total dwelling units (including: Units to be
PC RESO NO. 5016 -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
13.
14.
15.
16.
17.
constructed on Lot 15 of CT 99-03) as affordable to lower-income households for the
useful life of the dwelling units, 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 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
The Developer shall construct the required inclusionary units concurrent with the
project’s market rate units, unless both the final decision making authority of the City and
the Developer agree within an Affordable Housing Agreement to an alternate schedule
for development.
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.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period deemed necessary, upon a
showing of good cause.
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 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.
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
PC RESO NO. 5016 -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
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 bv the Citv. 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.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in the Villages
of La Costa Master Plan or as approved by the Planning Director.
18. The Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the Planning Director in consultation with the
North County Transit District where such facilities are requested along the project’s
street frontage. 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.
19. Prior to approval of the final map, the Developer shall: 1) consult with the United States
Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain
any permits required by the USWFS.
PC RESO NO. 5016 -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
20.
21.
22.
23.
24.
25.
26.
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 10, 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.
Prior to the issuance of the grading permit or approval 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(n) Master
Tentative Map by Resolutions No. 5016 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.
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
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.
Concurrent with the recordation of the first final tract map or the issuance of building
permits, whichever occurs first for Lots 1, 2 and 15, the Developer shall prepare and
record a Notice that Lots 1,2 and 15 may be subject to noise impacts from the proposed
or existing Transportation Corridor, in a form meeting the approval of the Planning
Director and City Attorney (see Noise Form #l on file in the Planning Department).
Concurrent with the recordation of the first final tract map or the issuance of building
permits, whichever OCCUTS first Lots 1, 2 and 15, the Developer shall prepare and record
a Notice that this property is subject to overflight, sight and sound of aircraft operating
PC RESO NO. 5016 -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
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).
27. 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).
Open Space and Trails
28. The Developer shall dedicate on the final map, an open space easement for those non-
HCP portions of lots which are (in slopes, wetlands, coastal sage scrub or other
constrained land plus all other lands set aside as part of the Citywide Open Space System)
to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit u A 99 _ 66 W”, dated August 29,200l for The Greens.
29. Removal of native vegetation and development of Open Space Lot(s) 20 through 45,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “A” -
“W”, dated August 29, 2001 for The Greens, is specifically prohibited, except upon
written order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the Planning Director based upon a request from the Homeowners
Association accompanied by a report from a qualified arbor&/botanist indicating the
need to remove specified trees and/or plants because of disease or impending danger to
adjacent habitable dwelling units. For areas containing native vegetation the report
required to accompany the request shall be prepared by a qualified biologist.
30. On 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 master tentative map
within Open Space Lot(s). If the City of Carlsbad accepts dedication of the trail
easement, the trail shall be constructed as a public trail and will be the maintenance and
liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept
dedication of the trail easement, the trail shall still be constructed but it shall be
constructed as a private traiZ and shall be the maintenance and liability responsibility of
the Master Homeowners Association.
31. Prior to recordation of the final map or issuance of a grading permit the developer
shall comply with the applicable provisions of the “1996 Parks Agreement” between
the City of Carlsbad and Real Estate Collateral Management Company.
32. Prior to the initiation of grubbing or clearing the applicant shall install “silt”
fencing at project boundaries where grubbing or clearing is to occur in order to
minimize movement of rodents and snakes into the surrounding, existing
neighborhoods. Applicant shall insure also that a biologist is on site during these
activities to capture and remove snakes. Additionally, the applicant shall initiate
grubbing or clearing from the perimeter of the site inward to the site when such
activity will occur adjacent to existing homes.
PC RESO NO. 5016 -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
33. 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.
Engineering Conditions:
Note:
34.
35.
36.
37.
Unless specifically stated in the condition, all of the following engineering conditions
upon the approval of this proposed major subdivision must be met prior to approval of a
final map.
The tentative map shah expire twenty-four (24) months from the date this tentative map
approval becomes final.
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: storm water quality treatment facilities, medians,
landscaping, 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.
Multiple final maps are proposed in conjunction with the Phasing Plan as shown on
sheets 21 & 22, subject to the following modifications:
A. Subject to reimbursement, the developer/owner shall provide easements and/or
right-of-way necessary to extend utilities, including but not limited to sewer. water and drainage to and from adjacent development in advance of proposed
project development. The intent of this condition is to allow for orderly
development of adjacent property in advance of project phasing. The developer
may be reimbursed for expenses incurred as part of this condition.
B. The Developer shall construct Alicante Road including but not limited to
public utilities, storm drain and sewer improvements along the city park
frontage prior to or concurrent with Phase 1 development. The
developer/owner shall also extend public access and utility easements and
right-of-way for the balance of Alicante Road to the northern project
boundary to allow adjacent development to occur prior to Villages phased
construction.
C. The developer shall construct Poinsettia from El Camino Real to the existing
terminus east of El Fuerte prior to or concurrent with Phase 1, subject to a
reimbursement agreement or formation of an improvement district or City of
Carlsbad sponsored improvement program.
D. The developer shall construct improvements along El Camino Real and Alga
Road in advance of proposed development as required by the City Engineer.
A reimbursement agreement may be available for offsite improvements
PC RESO NO. 5016 -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
required to facilitate orderly development and to provide a continuous travel
lane across undeveloped property.
E. As provided for in City of Carlsbad Municipal Code (20.20.020) this condition
may be modified upon each filing of a final map or phased final map.
38. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation. Prior
to any construction activity a construction access and staging plan shall be approved
by the construction inspector. The access and staging plan shall include but not be
limited to: Access, parking, equipment delivery and storage, NPDES facilities, and
dust control away from public streets and sensitive habitat.
39. The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards and shall record the following statement on the
Final Map (and in the CC&R’s).
“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.”
Fees/Agreements
40.
41.
42.
43.
44.
45.
Prior to the issuance of any building permit within the boundary adjustment area,
(Specifically lots: 8,9, 10,17,28,44 or 45), the Boundary Adjustment of the City of
Carlsbad / Leucadia County Water District Sewer Service Areas shall be approved
by LAFCO. Any payments or adjustment to future services shall be resolved as part
of or prior to the LAFCO approval.
The developer shall pay all current fees and deposits required.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
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.
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
PC RESO NO. 5016 -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
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.
46. Prior to recordation of the final map or issuance of any development permit, the
developer/owner shall provide for sewer service in conformance with the City of
Carlsbad Master Plan of Sewerage and LFMP for Zone 10.
47. The proposed median landscaping in Alicante Road shall be maintained by the
Developer or Homeowners Association.
Grading
48.
49.
50.
51.
52.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. (the developer must submit
and receive approval for grading plans in accordance with city codes and standards prior
to issuance of a building permit for the project.)
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 Intent 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.
A mass grading plan is approved as part of this master tentative map. The rough-
graded pads created by this project will require additional grading prior to
construction of buildings and private improvements on the individual lots. A
subsequent grading permit will be required for final development of lots. A
construction revision to the rough grading plan will not be permitted to fulfil1 this
requirement.
The storm drain improvements, outlets, and NPDES or desiltation basins shown on
the tentative map shall be constructed and maintained until accepted by the
appropriate authority. Annual maintenance and reporting will be required and
shall be the responsibility of the developer and property owners until relieved in
writing by authority or public agency.
Dedications/Improvements
53. Any land dedicated or offered for dedication to any entity shall reserve access and
maintenance rights to operate and maintain basins, sewer, water, and drainage
facilities within the proposed easements or open space.
PC RESO NO. 5016 -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
54.
55.
56.
57.
58.
59.
Developer shall cause Owner to execute a covenant of easement for private drainage as
shown on the tentative map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the final map.
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 and/or separate
recorded document. 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. This condition also applies to the phasing condition above. If easements
are required out of phase with this project, they shall be irrevocably offered as
identified herein.
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 Alga Road, Alicante Road, Estrella De Mar, Dove Lane, El Camino Real, and
Poinsettia Lane except openings as shown on the tentative map.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities within the subdivision boundary. The major power transmission
facilities (69 kV or above) are exempt from this condition.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
by law, improvements shown on the tentative map, and the following improvements:
A. El Camino Real shall be improved along the project frontage to complete
half street (Prime Arterial) width of 63 feet. Offsite improvements to the
north and south are required to provide a continuous travel lane
configuration and safe transition. Modifications shall be made at the
intersection of Poinsettia Lane and also at Camino Vida Roble to
accommodate additional turn lanes. The Developer may request that a
reimbursement agreement be established for offsite improvements of
undeveloped property. If a reimbursement agreement is requested it shall be
approved prior to commencement of construction.
B. Poinsettia Lane shall be improved to full width Major Arterial standards
(right-of-way width of 102 feet) from El Camino Real to the existing terminus
east of El Fuerte. In addition, modifications shall be made at the intersection
of El Camino Real and Poinsettia Lane and at Alicante Road to provide for
additional left turn lanes. Modification to El Camino Real shall also include
relocation of the traffic signal poles to the proper location if set by adjacent
developers. Improvements to the El Camino Real/Poinsettia Lane
intersection may include installation of a fully actuated, interconnected
traffic signal or modification and relocation of signal if installed by others.
PC RESO NO. 5016 -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
C.
D.
E.
F.
G.
H.
I.
J.
Alicante Road shall be improved full width to collector standards (right-of-
way of 60 feet) from Alga Road to the north boundary of Lot 4. Additional
widening will be required for medians and at intersections to provide
adequate turn lanes and transitions.
Improvements to Alicante Road shall also include the 84” storm drain along
the proposed park site. The Developer may request that a reimbursement
agreement be established for storm drain improvements that serve other
projects or upstream development. If a reimbursement agreement is
requested it shall be approved prior to commencement of construction.
Modification to the drainage channel along the south side of Poinsettia Lane
is approved by a Special Use Permit. Specific outlet structures, slope
protection, walls, guard rails, and flood control features will be required in
final design. CLOMR and LOMR applications will be filed when design and
construction phases are completed. Prior to the City of Carlsbad accepting
work or improvements adjacent to this channel, the design and construction
revisions to FEMA (administration) shall be approved in writing. All grading
and pads developed adjacent to this channel reconstruction shall be certified
as part of the pad or development as-built process.
The public water system (reclaimed and potable) shall be constructed onsite
to CMWD standards. Pressure Reducing Stations and associated
appurtenances shall be provided concurrent with construction.
Public storm drain system shall be constructed onsite to City of Carlsbad
standards.
Public sewer system shall be constructed onsite to City of Carlsbad
standards. The developer shall work with the City and shall provide
easements and sewer stub for the removal of the La Golindrina Sewer Lift
Station.
The channel redesign, storm drain improvements, earthen swales and
desiltation basins shown on the tentative map shall be constructed and
maintained until accepted by the appropriate authority. Annual maintenance
and reporting may be required and shall be the responsibility of the
developer and property owners until relieved in writing by authority or
public agency.
Provide for the construction and installation of a fully actuated traffic signal
at the intersection of Alga Road and Estrella De Mar. The Developer shall
post a bond for the design and construction of the signal prior to approval of
the first final map. The signal shall be installed if traffic warrants are met
and approved by the City Engineer. The bond shall remain in effect until
2010. The intent of this condition is to either close the median or provide a
traffic signal at Estrella De Mar. If warrants are not met the bond will be
released.
PC RESO NO. 5016 -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
A list of the above improvements shall be placed on an additional map sheet on the final
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements
shall be constructed within 18 months of approval of the secured improvement agreement
or such other time as provided in said agreement.
60. 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.
61. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall prepare and submit a Storm
Water Pollution Prevention Plan (SWPPP) and 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.
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.
SWPPP will include calculations of anticipated pollutant loading, and sizing
of structural BMPs to comply with City of Carlsbad and Regional Water
Quality Control Board requirements.
62. Developer shall incorporate into the grading / improvement plans the design for the
project drainage outfall end treatments for any drainage outlets where a direct access road
for maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer.
PC RESO NO. 5016 -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
Final Man Notes
63. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. 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.
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. Prior to the issuance of any building permit within a sewer service boundary
adjustment area, (Specifically lots: 8, 9, 10, 17, 28, 44 or 45) the boundary
adjustment of the City of Carlsbad/Leucadia County Water District sewer
service areas shall be approved by LAFCO. Any payments or adjustment to
future services shall be resolved as part of or prior to the LAFCO approval.
As an alternate to adjusting District boundaries, service agreements may be
executed. A note to this effect shall be placed on the final map as non-
mapping data.
E. Covenant of easement recording information.
Standard Code Reminders:
64. 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 unless determined to
be satisfied through compliance with the provisions of the 1996 Parks Agreement.
65. 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.
66. Any signs proposed for this development shall at a minimum be designed in conformance
with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
67. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PC RESO NO. 5016 -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
68.
69.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planning 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.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
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.
PC RESO NO. 50 16 -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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of September 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Director
PC RESO NO. 5016 -18-
EXHIBIT - CT 99-03 - “A”
LEGAL DESCRIPTION’ LA COSTA - NORTHWEZX The Greens
PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COm OF SAN DIEGO, STATE OF CALIFORNIA. FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20,1972 AS FILE NO.
340334 OF OFFICIAL RECORDS TOGETHER WITH THAT’ PORTION DESXIBED AS PARCEL ‘A” IN .
DEED TO LA COSTA LAND COMPANY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAh’ DIEGO COUNTY, SEPTEMBER 7, 1973 AS FILE NO. 73-245058 OF OFFICLAL RECORDS
TOGETHER WITH A PORTION OF PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 16,19&t AS FILE NO. 84-031333 OF
OFFICIAL RECORDS TOGETHER WITH A PORTION OF THE SOUTH HALF OF SECTION 25,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERUXAN, IN THE ClTY OF
CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF.
aTPm4.601 w:\clitau\marwNtpJ.w