HomeMy WebLinkAbout2001-10-17; Planning Commission; Resolution 50341
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PLANNING COMMISSION RESOLUTION NO. 5034
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT NUMBER CT 99-06 TO SUBDIVIDE 70.6
ACRES INTO 12 LOTS ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD
BETWEEN MELROSE DRIVE AND BUSINESS PARK DRIVE
IN LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: PALOMAR FORUM
CASE NO.: CT 99-06
WHEREAS, Davis Partners, LLC, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Palomar Forum Associates, LP,
“Owner”, described as
Portions of Sections 13 and 18, Township 12 South, Range 4
West, San Bernardino Meridian, and all that portion of Section
18, Township 12 South, Range 3 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the plat thereof.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “An - “CC” dated August 15, 2001, on file in the Planning
Department, PALOMAR FORUM - CT 99-06, as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of August, 2001, on
the 3rd day of October 2001, and on the 17th day of October 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:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES PALOMAR FORUM - CT 99-06, based on the following findings
and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
7.
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
design and improvements for the map are in compliance with all applicable city policies and standards, and necessary public facilities and services needed to serve
the development will be in place prior to occupancy of any buildings proposed
within the project.
That the proposed project is compatible with the surrounding land uses since surrounding
properties to the north and west are designated for and developed with Planned
Industrial land uses, and property to the east consists of existing commercial
development in the City of Vista. The project is also compatible with residentially
designated and developed property to the south in that the uses are separated by
Palomar Airport Road, and environmental mitigation measures are imposed on the
project to prohibit the future use and storage of hazardous materials except as
permitted by the Carlsbad Fire Department. .
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 non-residential development at the
intensity proposed, in that the project meets all of the requirements of the P-M zone
without the need for a variance from development standards and all required public
facilities and services will be provided.
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 all existing easements of record within the project are consistent with the
proposal or shall be relocated as necessary concurrent with the recordation of the
final map.
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 the area is dominated
by westerly wind patterns which allows the use of natural heating and cooling
opportunities and the subdivision design consists of large industrial lots that will be
developed with ample building separation to enable proper air circulation.
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
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been designed in accordance with the best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards. In addition,
the project is conditioned to comply with the National Pollution Discharge
Elimination System (NPDES) standard to prevent any discharge violations.
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 mitigation required by the Mitigated Negative Declaration issued for
the project dated July 15, 2001 will reduce potentially significant environmental
impacts to circulation, hazards, air quality, and biological resources to below
significant level.
9. The City Council/ Planning Commission finds that the project, as conditioned herein, is
in conformance with the Elements of the City’s General Plan, based on the facts set forth
in the staff report dated August 15,2001, including, but not limited to the following:
A.
B.
C.
D.
E.
F.
Land Use - The site is designated for Planned Industrial land use and the
proposed industrial lots are consistent with the Planned Industrial General
Plan designation. The redesignation of the wildlife habitat corridor open
space easement to Open Space is consistent with the General Plan to
redesignate and preserve natural resource areas.
Circulation - The project will construct Melrose Drive from Palomar Airport
Road to its existing terminus in the City of Vista, provide roadway
improvements to Palomar Airport Road including median, signalization,
additional turn lanes and curb and gutter, and financially guarantee the
construction of Faraday Avenue extension between Orion Way and Melrose
Drive.
Noise - Temporary construction activities would be required to comply with
the City’s noise standards.
Housing - The project is conditioned to pay a non-residential affordable
housing impact linkage fee if adopted by City Council.
Open Space and Conservation - The project preserves 1.7 acres of open space
consistent with the City’s HMP and redesignates and rezones the open space
easement to General Plan Open Space (O-S). The project also dedicates .7
acre of open space as a mini-park at the intersection of Melrose Drive and
Palomar Airport Road that includes a Citywide Trail segment.
Public Safety - Mitigation measures are required to avoid exposure to contaminated soils and to significantly reduce risk of exposure to hazardous
substances stored within the subdivision. All required streets, sidewalks,
street lights, and fire hydrants will be constructed in accordance with City
standards. Compliance with the P-M zoning regulations at the time the
proposed lots are developed will ensure consistency with the McClellan-
Palomar Airport Land Use Plan (CLUP) provisions for development within
the flight activity zone.
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10.
11.
12.
13.
G. The project is consistent with the City-Wide Facilities and Improvements Plan,
the Local Facilities Management Plan for Zone 18 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;
1. The project has been conditioned to provide proof from the San Marcos
Unified School District that the project has satisfied its obligation for
school facilities.
2. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit.
3. 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.
4. Special conditions for drainage, sewer, water and circulation facilities
as specified in the Zone 18 LFMP amendment (LFMP 87-18(R)).
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994. 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 the proposed industrial lots will be developed in the future in accordance with the P-M zone
standards for use and building height, and the City’s interior noise standards for
offrice and industrial uses will be implemented for future development.
This project incorporates all findings of Planning Commission Resolutions 5031,
5032,5033,5035, and 5036.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 approval of
final map or issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
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titure 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 Developer to make, all corrections
and modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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 Palomar Forum
Project Mitigation Monitoring and Reporting Program.
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 fi-om the emission by the
facility of electromagnetic fields or other energy waves or emissions or resulting from the location of the project within the flight activity zone of McClellan Palomar
Airport. This obligation survives until all legal proceedings have been concluded and
continues even if the City’s approval is not validated.
7. The Developer shall submit to Engineering Department a reproducible 24” x 36”, mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
8. 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.
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities.
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10.
11.
12.
This project shall -comply with all conditions and mitigation measures which are required
as part of the Zone 18 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits including but not limited to the
following:
a) Park in lieu fees in the amount of $.40 per square foot nonresidential building.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, and Addendum GPA 01-07,
ZC 01-06, HDP 99-03, PIP 01-03, and is subject to all conditions contained in Planning
Commission Resolutions 5031,5032,5033,5035, and 5036 for those other approvals.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to .the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
Housing (Non-Residential)
13. The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
Landscape
14. 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, fi-ee from weeds, trash, and debris.
15. 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.
16. Prior to approval of a final map or issuance of a grading permit, whichever occurs
first, the Developer shall execute a document or documents to the satisfaction of the
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17.
18.
Planning Director and the City Attorney which accomplish at a minimum the
following:
A. continued ownership of open space lot 11 by the Developer or its successor in
interest;
B. while in continued private ownership, active maintenance to protect and
preserve the quality of the habitat (including but not limited to reasonable
prevention of trespass); and
C. transfer of ownership and maintenance responsibility at some future date to
the City or its designee simultaneously with transfer of funding or other
acceptable financial mechanism to provide for management and conservation
in perpetuity. (The cost of management is currently estimated to be
approximately $85.00 per acre per year).
The Palomar Forum industrial project (Lots 1 - 10) shall be limited to a total of
809,714 square feet of building area in accordance with the Zone 18 Local Facilities
Management Plan buildout projections.
The Developer shall establish an owner’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 by 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 Tom the Owners as provided herein.
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D.
E.
F.
G.
H.
Special Assessments Levied by 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.
Landscape Maintenance Resnonsibilities. The Association and individual lot or
unit owner landscape maintenance responsibilities shall be as set forth by the
approved landscape plan on file at the City of Carlsbad Planning
Department. Maintenance responsibility for the “mini-park” located west of
Melrose Drive which shall serve employees of the Carlsbad Raceway
Business Park and Palomar Forum industrial development shall be shared
with the Carlsbad Raceway Business Park based on the percentage of
industrial pad area in each development.
The development of each lot within the subdivision shall comply with
environmental mitigation measures set forth in Planning Commission
Resolution 5031 dated August 15,200l.
Open Space Maintenance Responsibilities: The Association open space
maintenance responsibilities for Open Space Lot 11, shall consist of active
maintenance to protect and preserve the quality of the habitat (including but
not limited to reasonable prevention of trespass) as required by USFWS and
CDFG until some future date at which time ownership will be transferred to
the City or its designee for perpetual maintenance.
Open Snace Maintenance Financial ResponsibilitvlObliPation: Simultaneous
with the transfer of ownership of open space Lots 11 to the City or its
designee, the Association shall provide funding or other acceptable financial
mechanism to provide for management and conservation in perpetuity. (The
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19.
20.
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cost of management is currently estimated to be approximately $85.00 per
acre per year).
I. Total Buildinp Square FootaPe Monitorinp Oblipation: The total square
footage permitted within the Palomar Forum industrial project shall be
limited to 809,714 square feet of building area. Prior to building permit
submittal for any structure on any lot within the subdivision (Lots 1 - lo),
the HOA shall review the plans and ensure that a tabulation of total square
feet to date is provided. The tabulation of total square feet shall be shown on
the building plan set; otherwise, building plans will be rejected by the City.
The Association shall ensure that every lot within the Palomar Forum
industrial project is guaranteed a share of the total building area.
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.
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.
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(n) tentative tract map, hillside development permit, and
planned industrial permit by Resolution(s) No. 5034, 5035, and 5036 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.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
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).
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and
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25.
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the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall dedicate on the final map, an open space easement for lots 11 and 12
in their entirety which are (in slopes, wetlands, coastal sage scrub or other constrained
land plus all other lands set aside as part of &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, except as shown on Exhibits “A” _ 66 CC” dated August 15,200l.
Removal of native vegetation and development of Open Space Lot(s) 11, 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 Exhibits “A” - “CC”,
is specifically prohibited, except upon written order of the Carlsbad Fire Department for
fire prevention purposes, or upon written approval of the Planning Director, and 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.
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 Lot 12. 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 trail and shall be the maintenance and liability responsibility of the Owners
Association).
Prior to final map approval, the applicant shall submit a sign program for signage
in compliance with Chapter 21.41 of the Carlsbad Municipal Code (Sign
Ordinance), for all future signage on Lots 1 - 12 of the Palomar Forum tentative
tract map including Trail signage in accordance with the signage provisions of the
City’s Open Space Conservation and Resource Management Plan. The sign
program shall be subject to Planning Director approval.
General
Note: Unless specifically stated in the condition, all of the following engineering conditions upon
the approval of this proposed major subdivision must be met prior to approval of a final
map.
29. 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.
30. 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
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31.
32.
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the private improvements: storm water quality treatment facilities, 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
There shall be one Final Map recorded for this project.
Prior to issuance of a grading permit or approval of the final map, the Boundary
Adjustment along the north side of this project shall be approved and recorded. The
appropriate recording information shall be placed on the final map.
Prior to issuance of a grading permit or approval of the final map, the Boundary
Adjustment along the north side of this project (Lot 12) shall be approved and
recorded. The appropriate recording information shall be placed on the final map. The adjusted piece shall become part of open space lot 12.
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.
The developer shall provide for sight distance corridors at all street intersections and
proposed driveways 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/APreements
36.
37.
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.
38. 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.
39. 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.
40. Prior to approval of the final map, the Developer shall pay a proportionate share for
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43.
improvements made by others to Palomar Airport Road as determined by the City
Engineer.
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.
Prior to recordation of a final map or issuance of a grading permit, whichever
occurs first, a financial guarantee for the construction of Faraday Avenue extension
between Orion Way and Melrose Drive shall be approved by the Carlsbad City
Council.
Prior to recordation of the final map or issuance of any development permit, the
developer/owner shall guarantee the provision of sewer service in conformance with
the City of Carlsbad Master Plan of Sewerage. The financial guarantee may be in
the form of an assessment district or other means as approved by the City Council.
The developer mag enter into a temporary out of basin agreement with the City of
Vista to utilize Vista’s Raceway Sewer Pump Station and Vista’s portion of the
outfall. This temporary agreement is only to be used until a permanent solution is
available and must also be approved by the City Engineer. At the time the sewer
master plan facility is available, the developer shall convert the temporary tie to the
pump station and use the said facility as provided in the City of Carlsbad Master
Plan of Sewerage.
Grading
44.
45.
46.
47.
Baaed 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.
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
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requirement.
48. The storm drain improvements, animal crossings and NPDESldesiltation 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
49.
50.
51.
52.
53.
54.
55.
56.
57.
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.
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 provide City Engineer with proof of recordation prior to issuance of
building permit.
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 are already public are not required to be
rededicated.
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.
Right of entry or access easements shall be granted to the City for each lot and for
each NPDES facility to allow for periodic inspection.
Developer shall cause Owner to waive direct access rights on the final map for all
lots abutting Palomar Airport Road or Melrose Drive.
Developer shall cause Owner to waive direct access rights on the final map to
interior streets except for locations shown as driveways on the tentative map.
Prior to issuance of building permits, the developer shall underground all existing overhead utilities along, adjacent to, and within the subdivision boundary. The major
transmission power lines 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:
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A.
6.
C.
D.
E.
F.
G.
H.
Palomar Airport Road shall be improved along the project frontage to
complete half street (Prime Arterial) width of 63 feet. Offsite improvements
to the east are required to provide a continuous travel lane conilguration.
Modifications shall be made at the intersection of Palomar Airport Road and
Paseo Valindo to provide one southbound left turn lane, one southbound
through/right turn lane, one eastbound left turn lane, and one westbound
right turn lane.
Melrose Drive shall be improved to full width based on a Prime Arterial
right-of-way width of 126 feet from Palomar Airport Road to the northern
City Boundary. Additional construction and transition may be required at
the existing terminus within the City of Vista. In addition, modifications shall
be made at the intersection of Melrose Drive and Palomar Airport Road to
provide one southbound right turn lane, two southbound left turn lanes,
three southbound through lanes, two eastbound left turn lanes, one
westbound right turn lane, and one additional westbound through lane for a
total of three. An additional turn lane is also required on northbound
Melrose Drive south of Palomar Airport Road. The developer/owner may be
eligible for partial reimbursement from adjacent property owners. A
reimbursement agreement must be approved by the City prior to the final
map recordation or beginning of construction.
Streets ‘A’ and ‘B’ offsite shall be dedicated to a width of 72 feet and
improved to provide a 30-foot paved width at ultimate line and grade.
Existing headwall to the 10’ x 7’ RCB under Melrose Drive shall be modified
in accordance with the Rick Engineering Study (Ranch0 Carlsbad Channel
and Basin Project) to provide detention of peak flows.
16” public water main and 8” recycled water main shall be constructed in
Melrose Drive.
Offsite public water main in Street ‘B’ shall be constructed to Melrose Drive
to provide a looped system. Offsite water main to be built at ultimate line
and grade.
Offsite public storm drains shall be constructed to City of Carlsbad
standards at ultimate line and grade.
Offsite sewer facilities to connect to the Raceway Sewer Lift Station and to
the South Agua Hedionda Interceptor(SAH1). The SAHI is shown as
SAHTlA on figure 4.4 of the Master Plan update Volume V by Carollo
Engineers. This condition may be modified by revision to the City’s Master
Plan of Sewerage.
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
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or such other time as provided in said agreement.
58. Prior to recordation of a final map or issuance of a grading permit, whichever occurs first
the 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.
E.
F.
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 remove pollutants prior to storm water entering a
storm drain. Required maintenance of the BMPs and the maintenance
interval will be specified for each BMP.
Each lot in this project will include structural BMPs as required to remove
anticipated pollutants from storm water runoff from each lot to the
maximum extent practical. Catch basin inserts are not sufftcient by
themselves to remove all pollutants, but may be included as part of a
comprehensive system for each lot or phase of development.
The property owner’s association will be responsible for maintenance and
operation of BMPs.
59. 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.
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Final Map Notes
60. Developer shall show on Final Map the net developable acres for each parcel.
61. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A.
B.
C.
D.
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.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Geotechnical Caution:
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.
Covenant of easement(s) if any (description and recording information.)
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
62.
63.
64.
65.
66.
67.
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.
The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.
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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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.
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68.
69.
70.
71.
72.
73.
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.
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.
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 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 fi-om date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of October, 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Trigas
I NOES:
I ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. H&&MI&&R
Planning Director
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