HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51221
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I PLANNING COMMISSION RESOLUTION NO. 5122
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT NUMBER CT 00-22 TO SUBDIVIDE
10.26 ACRES INTO 14 LOTS ON PROPERTY GENERALLY
LOCATED EAST OF BLACK RAIL ROAD AND SOUTH OF
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: REDEEMER BY THE SEA
CASE NO.: CT 00-22
WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, “Developer
and Owner,” has filed a verified application with the City of Carlsbad regarding property
described as
The north half of the southwest quarter of the southeast
quarter of section 22, township 12 south, range 4 west, San
Bernardino base and meridian, in the County of San Diego,
State of California, according to official plat thereof.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A” - “X” dated January 2, 2002, on file in the Planning
Department REDEEMER BY THE SEA - CT 00-22, as provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, 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.
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.
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W That based on the evidence presented at the public hearing, the Commission
APPROVES REDEEMER BY THE SEA - C’i’ 00-22, based on the following
findings and subject to the following conditions:
Findings:
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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 City
regulations including the Zone 20 Specific Plan.
That the proposed project is compatible with the surrounding future land uses in that
surrounding properties are designated for Residential Low Medium (RLM)
development on the General Plan, and in that RLM is the same general plan land use
designation as the project site, and surrounding development is single family
residential.
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 providing the required lot area, all required setbacks and
improvements mandated by applicable city regulations.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the project is designed and conditioned to avoid conflicts with any established
easements.
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 lots will have
southern exposure for passive heating and all lots will benefit from ocean breezes
for cooling.
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
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9.
habitat, in that there is no sensitive habitat on the site or offsite which the project will
impact.
That the discharge of storm water from the subdivision will not result in violation of
existing California Regional Water Quality Control Board requirements, in that lot
drainage will typically filter through the front yard landscape prior to exiting to the
storm drain system.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated January 2,2002 including, but not limited to the following:
A.
B.
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D.
Land Use - The project is consistent with the City’s General Plan since the
proposed density of 3.2 du/acre is within the density range of O-4 du/acre
specified for the site as indicated on the Land Use Element of the General
Plan.
Circulation - The circulation system is designed to provide adequate access to
the proposed lots, adjacent properties and complies with all applicable City
design standards.
Housing - That the project is consistent with the Housing Element of the
General Plan and the Inclusionary Housing Ordinance as the Developer has
been conditioned to pay the Affordable Housing In-Lieu fee.
Public Safety - Required facilities have been conditioned to be constructed or
are shown on the project plans.
11. 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.
D. The project has been conditioned to provide improvements to Poinsettia Lane and
Black Rail Road.
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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 project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that it is within
acceptable noise levels created by the airport.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project
Conditions: ,
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative 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, shah require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
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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 Map, (b) City’s
approval or issuance of any permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and (c) Developer/Operator’s installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City’s approval is not validated.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
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, including, but not limited to the
following:
A. Right-of-Way improvements to Poinsettia Lane.
B. Right of Way improvements to Black Rail Road.
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.
This approval is granted subject to the approval of CDP 00-64 and is subject to all
conditions contained in Planning Commission Resolution No. 5124 for that approval.
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Approval is granted for CT 00-22 as shown on Exhibits “A” - “Z”, dated January 2,
2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to be between April 1 and October 1 of each year. All areas disturbed by grading
shall be planted within 60 days of initial disturbance and prior to October 1 with
temporary or permanent (in the case of finished slopes) erosion control methods. The
October 1 grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1 of erosion control measures designed to
prohibit discharge of sediments off-site during and after the grading operation is
completed. Extensions beyond November 15 may be allowed in areas of very low risk of
impact to sensitive coastal resources.
Prior to the approval of the final map for any phase of this project, the Developer shall
enter into an Affordable Housing Agreement with the City to provide and deed restrict
2.11 dwelling units as affordable to lower-income households for the useful life of the
dwelling units, in accordance with the requirements and process set forth in Chapter
21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be
submitted to the Planning Director no later than 60 days prior to the request to final the
map. The recorded Affordable Housing Agreement shall be binding on all future owners
and successors in interest.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
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C. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
D. Special Assessments Levied bv the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
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. Landscaoe Maintenance Responsibilities. The HOA’s and individual lot or unit
owner landscape maintenance responsibilities, including landscape and
maintenance limitations within each of the fire suppression zones, shall be as set
forth in Exhibit L
F. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be illustrated as set forth
in Exhibit /
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G. Fire Suppression Zones. Areas restricted for the purpose of fire suppression
on each residential lot adjacent to Open Space Lot 13, shall be illustrated as
set forth in Exhibit L
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 #I 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 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.
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 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 dedicate on the final map, an open space easement over all of
lot 13 to prohibit encroachment or development, including but not limited to decks,
storage buildings, pools, spas, stairways and non-native landscaping. Structures
which reduce the potential for localized erosion and slide hazards as shown on
Exhibits “A” - “X9’ may be permitted.
Removal of native vegetation within Open Space Lot 13, other than that approved as part
of (the grading plan, improvement plans, biological revegetation program, landscape plan,
Coastal Development Permit etc.) as shown on Exhibits “A” - “X”, is specifically
prohibited, except upon written order of the Carlsbad Fire Department for fire prevention
purposes within fire suppression zone three, or upon written approval of the Planning
Director, and California Coastal Commission, based upon a request from the
Homeowners Association accompanied by a report from a qualified arborist/hotanist
indicating the need to remove specified trees and/or plants because of disease or
impending danger to adjacent habitable dwelling units. For areas containing native
vegetation the report required to accompany the request shall be prepared by a qualified
biologist.
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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.
The developer shall post a sign in the sales office in a prominent location and a 3
foot by 4 foot wooden sign on the church parcel adjacent to Poinsettia Lane that
discloses the full extent of the future development of the Redeemer by the Sea
Lutheran Church campus. The sales office sign shall remain posted until ALL of
the units are sold and the on-site sign shall remain until the church campus is
completed or plans for construction are abandoned.
Concurrent with the recordation of the final tract map or prior to the issuance of
building permits, whichever occurs first, the Developer shall prepare and record a
Notice to run with each individual residential lot, that the lot is adjacent to property
owned by the Redeemer by the Sea Lutheran Church and that said property has
been approved for development of a church campus which will include a sanctuary,
daycare facility, and education center for grades K-8, in a form meeting the
approval of the Planning Director and City Attorney.
Engineering Conditions:
General
27.
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Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Prior to occupancy, Developer shall install ram gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
There shall be one Final Map recorded for this project.
Developer shall provide sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CC&R’s).
II Tvue
“No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property along or east of the line designated as the
282’ sight line located at the westerly project entrance (Lot 14) and the line
designated as the 150’ sight line located at the easterly project entrance (Lot
14) per City Standard Public Street-Design Criteria, Section 8.B.l. The sight
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lines are depicted on the tentative map. The underlying property owner shall
maintain this condition.”
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with‘this development.
No satellite antenna or appurtenance shall be constructed on any easement without the
easement holder’s permission.
No satellite antenna or appurtenance shall be constructed in any drainage area or over any
drainage structure.
The City of Carlsbad is presently considering action to update and modify 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 modification 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
modification of B&TD#2. In the event building permits are issued in advance of the
modification 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.
Fees/Ameements
36. 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.
37. 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.
38. 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 (Lots 5,6,7,8 and 12). 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.
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39. 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.
40. Prior to the approval of the final map, Developer shall contribute a pro-rata share
of the cost of the traffic signal at Blackrail Road and Poinsettia Lane, based upon
average daily trips as determined by a traffic analysis approved by the City
Engineer.
Grading
41. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intent for the start of
work has been submitted to the State Water Resources Control Board.
42. 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.
43. 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.
44. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
45. All grading activities shall be planned in units that can be completed by October 1”.
Grading activities shall be limited to the “dry season”, April 1” to October lst of each
year. Grading activities may be extended to November 15* upon written approval of the
City Engineer, obtained in advance, and only if all erosion control measures are in place
by October 1st.
Dedications/Improvements
46. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a Certificate on the final map. All land so
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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.
47. 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 shah conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shah pay the standard improvement
plancheck and inspection fees.
48. 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, 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.
A. Poinsettia Lane shall be improved to full width Major Arterial standards
(right-of-way width of 102 feet) between Black Rail Road and the existing
terminus of Poinsettia Lane to the east. The developer/owner may be eligible for
partial reimbursement from adjacent property owners or the fee district. A
variance for intersection spacing is granted with approval of the tentative map.
B. ‘A’ Street shall be improved to full width Local standards (right-of-way width
of 60 feet) within the subdivision boundary. Where the entire street cross-
section is not within the subdivision, “A” Street shall be improved to half width
Local standards plus 12 feet of paving and an asphalt berm. The intersection
with Poinsettia Lane shall include both curb returns and pedestrian ramps.
C. Project grading and improvement plans will reflect a storm drain facility across
Lot 12 sized to handle flows from the sump in “A” Street in the event the curb
inlets become blocked.
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.
49. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting Poinsettia Lane
50. Poinsettia Lane shah be dedicated by Owner along the project frontage based on a center
line to right-of-way width of 51 feet and in conformance with City of Carlsbad Standards.
51. Prior to issuance of building permits, Developer shall underground all existing
overhead utilities within the subdivision boundary.
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52.
53.
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58.
Developer shah have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shah 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:
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 occupancy, 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.
Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
subdivision boundary in conformance with City of Carlsbad Standards.
Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the subdivision boundary in conformance with City of Carlsbad Standards.
Developer shall design, apply for and obtain approval of the City Engineer, for the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. The structural pavement design of the aisle ways shall be submitted together
with required R-value soil test information and approved by the City Engineer as part of
the building or grading plan review whichever occurs first.
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
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modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
59.
60.
Developer shall show on Final Map the net developable acres for each parcel.
Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
61. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
62. 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.
Water
63.
64.
65.
66.
67.
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,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shah 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 Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the Deputy City Engineer - Utilities.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
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68.
69.
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71.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services 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 shah 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.
Code Reminders:
72.
73.
74.
75.
76.
77.
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shah immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer must either apply for and obtain an amendment of this approval or modify the
plans so improvements will not occur outside the project, and apply for and obtain a
finding of substantial conformance from both the City Engineer and Planning Director.
The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
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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
n a
SEENA TRIGAS, Chairperson?
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.
Planning Director
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