HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51171
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PLANNING COMMISSION RESOLUTION NO. 5117
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 00-02 TO MASS GRADE THE SITE AND SUBDIVIDE 217 ACRES lNT0
6 LOTS FOR CALAVERA HlLLS PHASE II ON PROPERTY
GENERALLY LOCATED NEAR THE INTERSECTION OF
CARLSBAD VILLAGE DRIVE AND COLLEGE AVENUE,
EAST OF EL CAMINO REAL, NORTH OF FUTURE CANNON
ROAD, AND WEST OF LAKE CALAVERA IN LOCAL FACILITIES MANAGEMENT ZONE 7.
CASE NAME: CALAVERA HILLS PHASE II
CASE NO.: CT 00-02
WHEREAS, Carlsbad Hills, L.L.C., “Developer’T’Owner,” has filed a verified
application with the City of Carlsbad regarding property described as:
A portion of Lots “D”, “E”, and “J” of Ran&o Agua
Hedionda, according to partition map thereof No. 823, fded in
the Office of the County Recorder of said San Diego County on
November 16,1896 all being in the City of Cat&bad, County of
San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “LL”, dated December 19, 2001, on file in the Planning
Department CALAVERA HILLS PHASE II - CT 00-02 as provided by Title 20 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of December 2001
and on the 2nd day of January, 2002, 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CALAVERA HILLS PHASE II - CT OO- 02, based on the following findings and subject to the following conditions:
Findines:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable
regulations including the Calavera Hills Master Plan (MP 150-H). The lots created
by this master tentative map will establish the village boundaries and configurations
which will be developed pursuant to the Calavera Hills Master Plan
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for a variety of residential densities and non-
residential land uses as listed in the staff report which are compatible with the
master plan’s adjacent existing and planned development. An analysis of land use
compatibility is also contained in the project’s Final EIR (EIR 98-02).
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 mass grading.
Future residential development will comply with all development standards and
public facilities requirements of the master plan; buildout density of the master plan
will be less than the number of dwelling units that are currently permitted by the
existing master plan.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that concurrent with recordation of the master tentative map’s final map, the developer will vacate and adjust any easements that conflict with proposed
subdivisions and mass grading.
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 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 required mitigation measures contained
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in the Final Program EIR and the Mitigation Monitoring and Reporting Program
that are applicable.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and the Calavera Hills
Master Plan based on the facts set forth in the staff report dated December 19,200l and
as contained in the Planning Commission Resolution for GPA 99-03 which are
incorporated herein by reference.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 7 and all City public facility policies and
ordinances.
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 7.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 7 Local Facilities Management
Plan and the project will comply with all conditions of the zone plan.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as required by the amended
Calavera Hills Master Plan (MP 150-H), new residential development shall record a
notice concerning aircraft noise as the property is within the Noise Impact
Notification Area (Figure 4 of the CLUP). The buildout of the Calavera Hills
Master Plan is subject to airport noise notification as outlined in the CLUP which
involves Noise Form 2, on file with the Carlsbad Planning Department, to be
recorded with each new residential unit; and Noise Form 3 which is a sales offke
notice regarding the disclosure of airport noise.
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.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
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recordation of a tin& map or issuance of a 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 forther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Master Tentative Tract Map (CT 00-02).
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Master Tentative Tract Map documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney’s fees incurred by the City arising,
directly or indirectly, from (a) City’s approval and issuance of this Master Tentative
Tract Map, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City
approval is not validated.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Master Tentative Map reflecting the conditions approved by the final
decision making body.
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 7 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
The Developer, and the City as related to College Blvd. Reaches B and C, Cannon Road Reach 3 and Detention Basin BIB, shall implement, or cause the implementation
of, EIR 98-02’s Project Mitigation Monitoring and Reporting Program.
This approval is granted subject to the approval of EIR 98-02, GPA 99-03, MP 150(H),
LIMP 87-07(A), ZC 01-01, and HDP 00-02 and is subject to all conditions contained in
the Planning Commission Resolutions for those other approvals.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide
and deed restrict the required 15 percent of the total dwelling units (including: Units
to be constructed within Village Y of the Calavera Hills Master Plan, depicted as Lot
3 of CT 00-02) 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
2 1.85 of the Cat&bad Municipal Code. The draft Affordable Housing Agreement shall
be submitted to the Planning Director no later than 60 days prior to the request to final
the map. The recorded Affordable Housing Agreement shall be binding on all future
owners and successors in interest.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
(Exhibits “W’‘-“LL”, on file with CT 00-02 at the Carlsbad Planning Department)
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. In addition, the
Developer, or the City as related to College Bivd. Reaches B and C, Cannon Road
Reach 3 and/or Detention Basin BIB, shall maintain all manufactured slopes and
natural open space areas to the satisfaction of the Planning Director consistent with
applicable provisions of the City’s Landscape Manual.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on tile in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period deemed necessary, upon a
showing of good cause.
The Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the Planning Director in consultation with the
North County Transit District where such facilities are requested along the project’s
street frontage. Said facilities, if required, shall be tie from advertising and shall
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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, or issuance of a grading permit, 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.
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 7, 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.
Prior to the issuance of the grading permit or approval of the final map, Developer
shall submit to the City a Notice of Restriction to be tiled 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 Master Tentative
Map (CT 00-02) by Resolution No. 5117 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.
Consistent with the amended master plan (MP 150-H) a note shall be placed on the
final map approval of this master tentative map that will require that each
residential village prepare and record a Notice, prior to individual village final map
approval, disclosing that those villages may be subject to overflight, sight and sound of
aircraft operating Tom McClellan-Palomar Airport, in a form meeting the approval of the
Planning Director and the City Attorney (see Noise Form #2 on tile in the Planning
Department).
Oaen Soace and Trails
19. On the final map, the Developer shall provide an irrevocable offer of dedication to the
City of Carlsbad for a trail easement for trail(s) shown on Figure 10 of the amended
Calavera Hills Master Plan (MP 150(H)). 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 Master Homeowners Association.
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Prior to approval of a final map or issuance of a grading permit, whichever occurs first,
the Developer shall prepare and submit an Open Space Maintenance Plan to the
satisfaction of the Planning Director which accomplishes at a minimum the following:
A. continued ownership of open space lot(s) by the Developer or its
successor in interest (such as HOA);
B. while in continued private ownership, active management to protect and preserve
the quality of the habitat (including but not limited to trash removal and
reasonable prevention of trespass);
C. establishment of a non-wasting endowment fund to pay for management and
conservation of the open space in perpetuity. The endowment funds shall be
deposited in a secure investment paying a guaranteed rate of interest sufficient to
generate the amount needed for annual maintenance. (The cost of management
is currently estimated to be approximately $85 per acre per year). The
endowment funds shall not be commingled with other funds, and the proceeds
shall be used solely for the management of the conserved in accordance with
applicable permit conditions. Only the interest earnings can be withdrawn; the
principal must remain intact in perpetuity.
D. transfer of ownership and maintenance responsibility at some future date to the
City or its designee simultaneously with transfer of the endowment funds.
The Developer shall dedicate on the final map, an open space easement for those areas
which are depicted on Figure 9 of the amended Calavera Hills Master Plan (MP
150(H)) to prohibit any encroachment grading or development.
Prior to the initiation of grubbing or clearing the applicant shall install “silt”
fencing at project boundaries where grubbing or clearing is to occur in order to
minimixe movement of rodents and snakes into the surrounding, existing
neighborhoods. Applicant shall ensure also that a biologist is on site during these
activities to capture and remove snakes. Additionally, the applicant shall initiate
grubbing or clearing from the perimeter of the site inward to the site when such
activity will occur adjacent to existing homes.
Enaineerine 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 or grading permit, whichever occurs first.
General
23. Prior to hauling dirt or construction materials to or t+om any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
24. Developer shall provide to the City Engineer, an acceptable means, CC&& or/and other
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recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm dram facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
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There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. A statement shah be included in the Final Map (see Final
Map Notes) and in the CC&Rs, if any.
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
Fees/Agreements
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Developer shall agree to abide by any fee increase (or decrease) adopted for the
Local Drainage Area Fee by the City Council prior to payment or credit for that fee.
Developer shall cause property owner to execute and submit to the City Engineer
for recordation, the City’s standard form Geologic Failure Hold Harmless
Agreement.
Developer shall cause property owner to execute and submit to the City Engineer
for recordation the City’s standard form Drainage Hold Harmless Agreement
regarding drainage across the adjacent property.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
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 approval by the City Council of this Resolution, the applicant shall cause
Owner to enter into a purchase option agreement with the City of Carlsbad offering
the City the option to purchase, at not more than fair market value, an
approximately 5.7 acre parcel of land (Parcel B, Exhibit l), the general location of
which is shown on Exhibit 1 as the community garden, RV parking lot, wash area
and waste disposal (the “facilities replacement area”). The agreement shall provide
that if the City does not exercise its option to purchase by January 1, 2010, the
Ranch0 Carlsbad Homeowners’ Association may exercise the option and purchase
the parcel. The City shall provide the mechanism whereby the purchase by the
Association shall be eligible for credit and repayment from the appropriate funding
source or sources established by the City for this purpose. Any such credit and
repayment mechanism shall be implemented concurrent with or after transfer to the
City by the Association of the property rights required to install Basin BJ.
Grading
32. Based upon a review of the proposed grading and the grading quantities shown on the
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tentative map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to further development of any of
the lots created by this tentative map.
Developer may apply for, and City Engineer may issue, a grading permit for
clearing only of vegetation, subject to the United States Fish and Wildlife Service
issuance of a biological opinion supporting such clearing, and subject to approval of
an erosion control plan by the City Engineer and the Planning Director.
The grading permit required as condition of approval of this tentative map is for a
mass grading operation. Additional grading will be required prior to any
development of each of the lots created by this tentative map. An additional grading
permit will be required prior to further development of the lots. A construction
revision to the mass-grading plan will not be permitted to fulfil1 this requirement.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Upon completion of grading, Developer shall file an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on
a contour map, which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24” x 36” mylar or similar drafting film format suitable for a permanent record.
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.
DedicationslImnrovements
38. The Developer shall construct a five-foot sound wall atop a three-foot earthen berm
to run along the south side of Reach 3 of Cannon Road between El Camino Real and
the intersection with College Boulevard. The berm shall be fully landscaped on that
portion of the berm facing the Ranch0 Carlsbad Mobilehome Park which will not
otherwise be blocked by future development. The landscaping plans shall be
approved prior to the approval of the final map for CT 00-02 and such landscaping
shall be installed prior to or concurrent with the opening of the road to public
traffic. The sound wall shall be located a minimum of 20 feet from the edge of the
southern right-of-way of Cannon Road Reach 3, where wetlands or other sensitive
habitats do not interfere.
39. The applicant shall cause the owner to plant eucalyptus trees and native shrubs on
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an approximate 2.25acre parcel of land generally located between Cannon Road
Station 151 and the intersection of College Boulevard and Cannon Road. This
property shall be deeded or provided by permanent easement to the Ranch0
Carlsbad Homeowners’Association at no cost. Deeding or granting of the easement,
and planting and irrigation of this parcel shall occur prior to completion of Cannon
Road Reach 3.
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 as listed below
and as shown on the tentative map. The offer shall be made by a certificate on the final
map and/or separate recorded document. All land so offered shall be offered free and
clear of all liens and encumbrances and without cost. Streets that already public are not
required to be rededicated.
College Boulevard to major arterial right-of-way width of 102 feet within the
project boundary.
College Boulevard and Cannon Road to major arterial right-of-way width of
102 feet from the southerly project boundary off-site to El Camino Real,
together with temporary slope and construction easements as needed to
facilitate the streets construction.
Water easement for a future pressure reducing station between future 490
HG and 446 HG water mains near southerly boundary of Lot 2, to the
satisfaction of the District Engineer.
Reclaimed water easement for future 384 HG reclaimed water main and
future pump station at the terminus of the project’s 550 HG reclaimed water
main with-in Lot 1, to the satisfaction of the District Engineer.
Water easement for existing water facilities in the vicinity of the water
reservoir by Lot 6 to the satisfaction the District Engineer.
Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to
paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffc
control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer,
water, fire hydrants, street lights, retaining walls and reclaimed water), to City Standards to the satisfaction of the City Engineer.
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College Boulevard full width improvements to major arterial standards from
its existing terminus at Carlsbad Village Drive to the project’s southern
boundary.
College Boulevard full major arterial right-of-way width grading, median
curbs, one Is-foot travel lane at each side of the median, asphalt curbs at the
edge of paving with transitions to drainage structures and full width
improvements at arterial to arterial street intersections, from the project’s
southern boundary to its intersection with Cannon Road.
Cannon Road full major arterial right-of-way width grading, median curbs,
one 18-foot travel lane at each side of the median, asphalt curbs at the edge of
paving with transitions to drainage structures and full width improvements
at arterial to arterial street intersections, from its intersection with College
Boulevard to El Camino Real.
Transition improvements to Carlsbad Village Drive from Chatham Road to
Victoria Avenue, including a left turn lane onto Victoria Avenue.
Tamarack Avenue half width improvements to local street standards from
Carlsbad Village Drive northerly the full length of Lot 5 frontage. In lieu of
sidewalk, the Developer or the City may request the construction of a pedestrian trail.
Glasgow Drive from Carlsbad Village Drive northerly to Harwich Drive, and
Harwich Drive northwesterly to its current terminus full width
improvements to local street standards. In lieu of sidewalk on one side of
each street, the Developer or the City may request the construction of a
pedestrian trail.
Basin BJB near the northeast corner of the intersection of College Boulevard
and Cannon Road as shown in the city’s Master Drainage and Storm Water
Quality Management Plan. Basin design shall be based on its ultimate
capacity to the satisfaction of the City Engineer. The Developer may request that a reimbursement agreement for this facility be processed based on
provisions of the city’s Master Drainage and Storm Water Quality
Management Plan and city codes. If a reimbursement agreement is requested
it shall be approved prior to or concurrent with approval of the final map for
this subdivision.
A sewer trunk line within College Boulevard from the project’s southerly
boundary to the existing South Agua Hedionda Trunk Interceptor reach 2C
(SAHT2C).
Extend existing 580 HG water main to serve the portions of Lots 3 and 4 with
future pad elevations above 300-foot elevation. Prior to development of Lot 4
(Village U) or Lot 3 (Village Y), the 580 HG water main shall be looped to the Cape Subdivision adjacent to Lot 3 (Village Y).
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44.
45.
J. Extend existing 446 HG water main from its current terminus at College
Boulevard and Carlsbad Village Drive southerly to serve future development
with pad elevations below 300.foot elevation.
K. Extend existing 550 HG reclaimed water main from its terminus at Carlshad
Village Drive southerly on College Boulevard to a future pump station within
Lot 1. The Developer may request that a reimbursement agreement be
processed for the cost of upsizing the reclaimed water main from an 8-inch
line to a 12-inch line at the request of the Carlsbad Municipal Water District
(CMWD). If a reimbursement is requested, it shall be approved prior to or
concurrent with the approval of the final map for this subdivision.
L. Construct only, from design drawings provided by CMWD, an extension of
the existing 384 HG reclaimed water main from its current location, at El
Camino Real, easterly on Cannon Road to College Boulevard and along
College Boulevard northerly to a pump station by Lot 1, and construct the
reclaimed water pump station to boost pressure for the project’s 550 HG
reclaimed water main. The Developer may request that a reimbursement
agreement for the cost of these facilities be processed. If a reimbursement
agreement is requested, it shall be approved prior to or concurrent with
approval of the final map for this subdivision.
M. Construct only, from design drawings provided by CMWD all future potable
water facilities through all arterial-to-arterial street intersections. The
Developer may request that a reimbursement agreement for these facilities
be processed for a full reimbursement. If a reimbursement agreement is
requested it shall be approved prior to or concurrent with approval of the
fhml map for this subdivision.
N. Construct only, from design drawings provided by CMWD the future 255 HG water main crossing under College Boulevard at the Robertson Ranch
near Cannon Road and along College Boulevard within Reach B. The
Developer may request that a reimbursement agreement for these facilities
be processed for a full reimbursement. If a reimbursement agreement is
requested it shall be approved prior to or concurrent with approval of the
final map for this subdivision.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement.
Developer shall execute and record a City standard Basin Maintenance Agreement prior
to the approval of grading, building permit or final map, whichever occurs first for this
Project.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shah provide
improvements constructed pursuant to best management practices as referenced in the
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46.
47.
48.
“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.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of a grading permit, 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)
2)
Identify existing and post-development on-site pollutants.
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 employee and 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.
Developer shall install street lights along all public and private street frontages abutting
and/or within the subdivision boundary in conformance with City of Carlsbad Standards.
Developer shall install sidewalks along all public streets abutting the subdivision in
conformance with City of Carlsbad Standards.
Developer shall install wheelchair ramps at the public street comers abutting the
subdivision in conformance with City of Carlsbad Standards.
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49. 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 riprap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Carlsbad Municipal Water District
50.
51.
52.
53.
54.
55.
56.
57.
58.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations) are
required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District
Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieao County Water
Authority canacitv charaefs) prior to issuance of Building Permits.
As part of the Landscape and Irrigation Plan submittal to the Planning Director, the
Developer shall prepare and include in the submittal a colored recycled water use map for
processing and approval by the District Engineer. The approved reclaimed water use concept shall be incorporated in the landscape and irrigation design.
The Developer shall install potable water and recycled water services and meters at
locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer.
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59. The Developer shall coordinate with the District Engineer regarding looped systems and
easements.
60. The Developer shall submit a detailed sewer study, if changes to district’s sewer master plan are proposed, prepared by a Registered Engineer, that identifies the
peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer.
61. The Developer shall submit a detailed potable water study, if changes to district’s
water master plan are proposed, prepared by a Registered Engineer that identifies
the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said
study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer.
62. The Developer shall submit a detailed recycled water study, if changes to district’s
reclaimed water master plan are proposed, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently
with the improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
Final Map Notes
63. Developer shall show on Final Map the net developable acres for each parcel.
64. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements within the subdivision are privately owned and are to be
privately maintained with the exception of the following:
(1.) College Boulevard
(2.) Carlsbad Village Drive
(3.) Tamarack Avenue
(4.) Glasgow Drive
(5.) Harwich Drive
(6.) Water lines, reclaimed water lines, and reclaimed water pump station.
B.
(7.) Sewers
(8.) Storm Drains
Building permits will not be issued for development of the subject property
unless the appropriate agency determines that sewer and water facilities are
available.
C. Geotechnical Caution:
(1.) Slopes steeper than two parts horizontal to one part vertical exist within
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the boundaries of this subdivision.
(2.) The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted to encroach within the area identified as intersection sight distance
in accordance with city standards’ Public Street - Design Criteria, Section
8.B.l. and 2. The underlying property owner shall maintain this condition.
E. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors in accordance with city standards’ Public Street -
Design Criteria, Section 8.B.3. The underlying property owner shall maintain
this condition.
Standard Code Reminders:
65.
66.
61.
68.
69.
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.
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 Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planning and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chairperson 0 CARLSBAD PLANNING COMMISSION
AlTEST:
MICHAEL J. HOL&ILLER
Planning Director
PC RESO NO. 5117 -17-