HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50731
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PLANNING COMMISSION RESOLUTION NO. 5073
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-14 TO
SUBDIVIDE 82.20 ACRES INTO 108 STANDARD SINGLE
FAMILY LOTS, 130 SMALL-LOT SINGLE FAMILY LOTS, A
CONDOMINIUM LOT WITH A 24 MULTIFAMILY UNITS,
THREE RECREATION LOTS, TWO OPEN SPACE LOTS AND
A RECREATIONAL VEHICLE LOT ON PROPERTY
GENERALLY LOCATED NORTH AND SOUTH OF
POINSETTIA LANE, BETWEEN AVIARA PARKWAY AND
SNAPDRAGON DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: THOMPSON/TABATA
CASE NO.: CT 98-14
WHEREAS, Standard Pacific Homes, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Standard Pacific
Corporation and David B. Thompson and Karen R. Thompson, “Owner”, described as
The northeast quarter of the northeast quarter and the southeast
quarter of the northeast quarter of Section 28, Township 12 South,
Range 4 West, San Bernardino Meridian, according to the official
plat thereof; together with that portion of the southeast quarter of
Section 21, Township 12 South, Range 4 West of the San
Bernardino Meridian, according to the official plat thereof, shown
on Parcel B on a Certificate of Compliance recorded November
7,1988 as File No. 88-569475 and on Record of Survey Map No.
12096, filed on March 23, 1989; all lying within the City of
Carlsbad, County of San Diego, State of California; except
therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November 13, 1972 as File No.
303362 and November 4, 1974 as Files No. 74-292547 and 74-
292548; and except therefrom those portions lying within
Poinsettia Lane and Rose Drive as described in Files No. 89-
546752, 89-637695, go-146889 and 91-0036964 of Official
Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “EEEE’” dated November 7, 2001, on file in the Planning
Department THOMPSON/TABATA - CT 98-14, as provided by Chapter 20 of the Carlsbad
Municipal Code; and
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WHEREAS, the Planning Commission did, on the 7th day of November 2001
and on the 5th day of December 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.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL OF THOMPSON/TARATA - CT 98-14,
based on the following findings and subject to the following conditions:
Findinps:
1. 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 other applicable regulations
including the Planned Development Ordinance, the One Family Residential (R-l)
zoning designation and the Residential Multiple-Density (RD-MI) zoning
designation.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single family and multifamily residential
development on the General Plan, in that the project is an infill project and completely
surrounded by property which is already developed in accordance with these same
designations.
3. 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.
4. 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
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that concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the propose 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
habitat, in that the project will implement all mitigation measures contained in the
Mitigated Negative Declaration for the Thompson/Tabata residential subdivision
and the associated Mitigation Monitoring and Reporting Program.
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 Pollutant Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan 201 based
on the facts set forth in the staff report dated November 7, 2001 including, but not
limited to the following:
The proposed residential densities of 2.58 and 3.88 dwellings per acre, respectively,
are consistent with the existing RLM and RM General Plan designations;
All roadways needed to serve the development will be dedicated and constructed
prior to, or concurrent with, site development all the project minimizes access points
to Poinsettia Lane, a major arterial;
The project includes a noise study with mitigation measures to reduce the Poinsettia
Lane traffic noise impacts on the proposed residences to 60 dBA CNEL;
The project provides a variety of housing types, including for-sale, multifamily
condominiums with four-bedroom units, affordable to lower-income households and
large family households;
The project preserves the existing 1.8 acre coastal sage scrub habitat and mitigates
the disturbance of the 0.1 acre southern willow scrub area;
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All necessary water mains, fire hydrants and appurtenances will be installed prior
to occupancy and all-weather access roads will be maintained throughout
construction;
Over 28 percent of all standard single-family lots contain side yards adequate for
the storage of a recreation vehicle; and
The project includes a 50 foot landscaped setback along the Poinsettia Lane right-
of-way.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad
Unified School District that the project has satisfied its obligation for
school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 20.
The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative
Declaration, the environmental impacts therein identified for this project
and said comments thereon, and the Program, on file in the Planning
Department, prior to RECOMMENDING APPROVAL of the project;
and
b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality
Act, the State Guidelines and the Environmental Protection Procedures of
the City of Carlsbad; and
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C. they reflect the independent judgment of the Planning Commission of the
City of Carlsbad; and
d. based on the EIA Part II and comments thereon, the Planning
Commission, there is no substantial evidence the project will have a
significant effect on the environment.
15. 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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to final map or
grading permit, whichever occurs first.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
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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 Planning Department a reproducible 24” x 36”, mylar
copy of the Tentative Map and Site Plan reflecting the conditions approved by the final
decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of ZC 98-08, LCPA 98-04, PUD 98-05,
CP 00-02, SDP 99-06, HDP 98-15, and CDP 98-68 and is subject to all conditions
contained in Planning Commission Resolutions No. 5071, 5072, 5074, 5075, 5076,
5077 and 5078 for those other approvals.
This approval shall become null and void if a final map is not approved for this project
within 24 months from the date of project approval.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict 24 dwelling units (including: All units on Lot 82) 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.
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14. 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.
15. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
17. 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
CC8zRs 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.
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General Enforcement by the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
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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 Exhibits “A” -
“EEEE”, dated November 9,200l.
18. 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.
19. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
20. 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.
21. Prior to the issuance of the grading or building permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map, Planned Unit Development Permit, Condominium Permit,
Site Development Plan, Hillside Development Permit and Coastal Development
Permit by Resolutions No. 5073 , 5074, 5075, 5076, 5077, and 5078 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
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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.
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
#1 on file in the Planning Department).
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
The Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning Department).
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
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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
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
The Developer shall provide a minimum of 25 percent of the non-planned development
lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit the storage of recreational vehicles in the required
front yard setback.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
The Developer shall implement, or cause the implementation of, the Thompson/Tabata
Project Mitigation Monitoring and Reporting Program.
The tentative map approval shall expire twenty - four (24) months from the date of the
resolution containing the final decision for tentative map approval.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
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.
Engineerinp Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering
conditions upon the approval of this proposed major subdivision must be met prior to approval of
a final map.
37. Prior to issuance of grading permit or final map, whichever occurs first, the
Developer shall redesign the tentative map for that area covered by lots 107 through
119, lots 182 through 195, and lots 213 through 224 such that there are no more than
ten (10) residential lots in a row without an intervening open space lot or street
intersection of at least 90 degree angle.
38. Prior to approval of final map or grading permit, whichever occurs first, the
developer shall realign the Street “C” cul-de-sac to intersect with Street “A” in a
location between lot 107 and lot 119 to the satisfaction of the City Engineer and
Planning Director. Upon such redesign, there will be no intersection of Street “C”
with Street “B”.
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39. There shall be a maximum of three final subdivision maps recorded for this project. All
lots shall be numbered consecutively and phases shall be approved in numerical order, i.e.
Phase 1, Phase 2, and Phase 3. Any changes to lot numbering or construction phasing
shall be submitted as a substantial conformance review to Planning and Engineering.
40. The developer shall provide an acceptable means for maintaining the private easements
within the subdivision and all the private: streets, sidewalks, street lights, storm drain
facilities and sewer facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision. Adequate provision for such maintenance shall be included with the CC&Rs
subject to the approval of the City Engineer.
41. All concrete terrace drains shall be maintained by the homeowner’s association (if on
commonly owned property) or by the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the responsibility
shall be placed in the CC&Rs and shall be identified on the Non-Mapping sheet of the
Final Map.
42. 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.
43. 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.
44. The developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the non -
mapping sheet of the Final Map (and in the CC&Rs).
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner shall maintain this condition.”
This condition affects: lots 1,2,31,32,36,37,48,59,60,67,68,73,74,84,91,98,107,
121, 122, 137, 138, 173, 174, 201, 239, and 242. The owner of the lot is specifically required to maintain and keep clear the corner sight distance corridors shown on
the tentative map and the approved grading plan for this project.
45. The developer shall pay all current fees and deposits as required.
46. 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.
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47. Developer shall cause property owner to execute, record and submit a recorded
copy to the City Engineer, a deed restriction on the property which relates to the
proposed cross lot drainage as shown on the tentative map. The deed restriction
document shall be in a form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public nuisance.
48. Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
49. Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Pollution Prevention
Plan (SWPPP)“. The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
3) Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants.
4) Ensure long-term maintenance of all post construct BMPs in perpetuity.
5) Identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities for a lo-year, 6-hour
storm event. If maintaining post-development rates at pre-development levels
cannot be achieved, adequate justification subject to the City Engineer’s
approval must be provided.
50. The City of Carlsbad is presently considering action to reform Bridge and
Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred and/or
estimated to complete the design and construction of Aviara Parkway and Poinsettia
Lane within the boundaries of the district. Prior to approval of a final map or
issuance of a building permit on the project site, whichever occurs first, the property
owner shall enter into an agreement with the City whereby the owner/developer
agrees not to oppose the reformation of B&TD#2 and further agrees to pay their
project’s fair share contribution for the B&TD#2 facilities in accordance with the
fee schedule as may be adopted by the City Council upon reformation of B&TD#2.
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In the event building permits are issued in advance of the reformation of the
district, the owner/developer shall post a cash deposit with the City in the amount of
the proposed fee as estimated in the latest revision to the B&TD#2 Fee Study Report
available at the time of building permit issuance.
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, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
No grading for private improvements shall occur outside the limits of the subdivision
unless a grading or slope easement or agreement is obtained and recorded f?om the
owners of the affected properties. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the tentative map or modify the plans so grading will not occur outside the
project site in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. Including but not
limited to the 60’ wide Irrevocable offer to extend Lemon Leaf Drive. The offer shall
be made by a certificate on the final map for this project. All land so offered shall be
granted to the City free and clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be rededicated.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along, adjacent to and within the subdivision boundary.
Direct access rights for all lots abutting Poinsettia Lane shall be waived on the final
map. Access rights for all lots that have frontage on two streets shall waive access as
required and as shown on the tentative map. This condition affects lots: 1,31,32,36,
37,48, 59,60,73, 74, 84,91,98,107, 119,121,122, 137, 138,168, 172, 173,174,201,
205,239, & lot 242.
The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the “California Storm Water Best Management
Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
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Developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. Developer shall provide
improvements constructed pursuant to best management practices as referenced in
the “California Storm Water Best Management Practices Handbook” to reduce
surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans
for such improvements shall be submitted to and subject to the approval of the City
Engineer. Said plans shall include but not be limited to notifying prospective
owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste
products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
solvents, paints, paint thinners, wood preservatives, and other such fluids shall not
be discharged into any street, public or private, or into storm drain or storm water
conveyance systems. Use and disposal of pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments shall meet Federal,
State, County and City requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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.
Streets “E”, “F”, “H”, “J” and Street “A” between its intersection with Street “B”
and with Street (‘H”, shall be designed and constructed to the City’s Livable Street
Standards. All streets within the subdivision shall be designed and constructed with
the parkway adjacent to the curb.
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 fully actuated and interconnected traffic signal at the intersection of “A” Street
and Poinsettia Lane.
Modification and reconstruction of Poinsettia Lane to accommodate the left turn pocket and median improvements associated with the intersection of “A” Street and
Poinsettia Lane.
Flexible check dams downstream and east of lots 7 & 8 across the open space lot
offsite from this subdivision, as required downstream to control erosion of drainage.
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The developer shall construct a bus stop and install a bus bench along Poinsettia Lane at the far side of the intersection of “A” Street & Poinsettia Lane as required
by NCTD and as approved by the City Engineer. Improvements may include but
are not limited to: Bus turnout lanes, signage, lights, and a bench or trellis /
enclosure. Additional right of way may be required to accommodate the proposed
improvements and shall be dedicated on the Final Map for this subdivision.
The developer shall provide sewer, water, storm drain, and underground utilities to
the “Tabata” parcel (APN 214-170-54 & 72) and also to the Thompson Parcel (lot
244). The contractor shall coordinate shut off and inspection as to not interrupt
service more than reasonable. The sewer system shall be located to serve these
parcels considering the possibility of future development.
Temporary access (all weather during construction) and permanent access to the
adjacent properties (Thompson and Tabata) shall be provided.
This subdivision has provided for 3 different points of access to adjacent properties.
The cul-de-sac (Lemon Leaf) and locations of future streets shall be posted with
permanent signs that state “Future Road Extension”. If permanent Barricades are
proposed, the wording shall be engraved and painted black in the horizontal panels.
A list of the above improvements shall be placed on an additional map sheet on the final
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements
listed above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
63. Drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not provided, shall be designed and incorporated into the
grading/improvement plans for the project. 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,
as a method of preventing vegetation growth directly in front of the pipe outlet, to the
satisfaction of the Community Services Director and the City Engineer.
64. Notes to the following effect shall be placed on the final map as non-mapping data:
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner shall maintain this condition.”
65. This subdivision has provided for 3 different points of access to 2 adjacent
properties. The adjacent properties could develop and access will be provided via
the public streets as irrevocably offered and as shown on this recorded map. Specific
points of access are: Lemon Leaf Drive west of lots 236 & 237, Lonicera Street north
of lot 224, and access to “A” Street from lot 244 between lot 164 & 165.
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Code Reminders:
66.
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Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
The Developer shall 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.
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 developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
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
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project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
JEP?F&E N. SEGALL, &airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MIcwL J. l%k%t&~ER
Planning Director
, PC RESO NO. 5073 -17-