HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51371
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PLANNING COMMISSION RESOLUTION NO. 5137
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 30.9 ACRES INTO 37 LOTS ON PROPERTY
GENERALLYLOCATEDONTHENORTHEASTCORNEROF
POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 20
CASE NAME: CARLSBAD PROMENADE
CASE NO.: CT 00-19
WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited
liability company, “Deve1oper”l”Owner” has filed a verified application with the City of
Carlsbad regarding property described as
APPROVAL OF CARLSBAD TRACT NUMBER CT 00-19 TO
The northwest quarter of the southwest quarter of the
southwest quarter together with the south half of the southwest
quarter of the southwest quarter both of Section 22, Township
12 south, Range 4 west, San Bernardino Meridian, in the
County of San Diego, State of California, according to the
official plat thereof, together with Lot 1 of Carlsbad Tract No.
91-12, Mariners Point Unit 1, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof no.
13394, filed in the office of the County recorder of San Diego
County, California on January 24,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A” - “H” dated January 16, 2002, on file in the Planning
Department CARLSBAD PROMENADE - CT 00-19, as provided by Title 20 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th 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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL OF CARLSBAD PROMENADE - CT 00-19,
based on the following findings and subject to the following conditions:
Findinps:
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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 Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
City regulations..
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan,
in that surrounding residentially designated properties are designated for and/or
have been approved for development with single-family homes on similar sized lots.
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 complies with all City policies and standards without the
need for a variance from development standards.
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 prior to, or concurrent with, recordation of the final map, the developer will
vacate and adjust any easements that conflict with the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for fhture passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in an east-west alignment for southern exposure and to take advantage of prevailing
breezes.
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.
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8.
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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 site has been previously disturbed by agricultural
activities and the project does not impact any of the on-site significant habitats.
That the discharge of waste fiom the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan 203 based
on the facts set forth in the staff report dated January 16,2002 including, but not limited
to the following:
A. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 1.6 ddacre is within the density range of 0-4 ddacre
specified for the site as indicated on the Land Use Element of the General Plan,
and is below the growth control point of 3.2 du/acre.
B. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards.
C. 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 enter into an Affordable Housing Agreement to purchase
six affordable housing credits in Villa Loma.
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 fi-om 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.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that a significant portion of the property that is
constrained by slopes and habitat is being preserved in open space. The remaining
property is not wide enough for two street frontages and too deep for single lots,
which would exceed the 3:l lot depth to width ratio.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that no other properties are proposed to be served by the development
and the panhandle lots are adjacent to proposed permanent open space.
That the buildable portion of the lot consists of the entire lot exclusive of any portion of
the lot less than thirty-five feet in width that is used for access to the lot, areas not
subject to required setbacks, including top of slope setbacks as defined by the
Hillside Development and Design Guidelines, which meets the requirements of Section
21.10.080(c) of the Carlsbad Municipal Code;
That the front, side, and rear property lines of the buildable lot, for purposes of
determining required yards, are as shown on Exhibit(s) “C” and “D” of tentative map
CT 00-19.
That any panhandle lot hereby approved satisfies all the requirements of Section
2 1.1 O.O80(d) of the Carlsbad Municipal Code.
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 or
grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modi@ 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, shall require an amendment to this approval.
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3.
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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 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) DeveloperDperator’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 Director a reproducible 24” x 36”, mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
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.
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.
The Developer shall implement, or cause the implementation of, the Carlsbad
Promenade Project Mitigation Monitoring and Reporting Program and addendum.
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.
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This approval is granted subject to the approval of ZC 00-06, HDP 00-10, and CDP 00-
53 and is subject to all conditions contained in 5135, 5138, and 5139 for those other
approvals.
All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the “dry season”, April 1st to October 1st of each
year. Grading activities may be extended to November 15th upon written approval of the
City Engineer and only if all erosion control measures are in place by October 1st.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase
six affordable housing credits in the Villa Loma housing project 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 90 days after the California Coastal Commission action on the project.
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 first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifylng all
interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map by Resolutions No. 5137 on the real property owned by the
Developer. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
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fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
The Developer shall display a current Zoning and Land Use Map, or an alternative,
suitable to the Planning Director, in the sales office at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, hture
and existing schools, parks and streets.
The developer shall post a sign in the sales office in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
The Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard
area for Recreational Vehicle storage pursuant to City Standards.
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 tentative map approval shall expire twenty - four (24) months fkom the date of the
resolution containing the final decision for tentative map approval.
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 fiom 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 fiom the Owners as provided herein.
D. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s 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 fiom 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
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth by the
approved landscape plan on file at the City of Carlsbad Planning
Department.
F. Open SDace Maintenance Responsibilities: The Association open space
maintenance responsibilities for Open Space Lots 34,35,36,37, and 38, shall
consist of active maintenance to protect and preserve the quality of the
habitat (including but not limited to reasonable prevention of trespass) as
required by USFWS and CDFG until some future date at which time
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27.
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ownership will be transferred to the City or its designee for perpetual
maintenance.
G. Open Space Maintenance Financial Responsibilitv/Oblipation: Simultaneous
with the transfer of ownership of open space Lots 34,35,36,37, and 38 to the
City or its designee, the HOA shall provide funding or other acceptable
financial mechanism to provide for management and conservation in
perpetuity. (The cost of management is currently estimated to be
approximately $85.00 per acre per year).
Prior to approval of a final map or issuance of a grading permit, whichever occurs
first, the Developer shall execute a document or documents to the satisfaction of the
Planning Director and the City Attorney which accomplish at a minimum the
following:
A.
B.
C.
D.
Continued ownership of open space lots 34, 35, 36, 37, and 38 by the
Developer or its successor in interest;
While in continued private ownership, active maintenance to protect and
preserve the quality of the habitat (including but not limited to reasonable
prevention of trespass);
Maintenance shall include the removal of any existing trash, debris, and
illegal migrant worker housing; and
Transfer of ownership and maintenance responsibility at some future date to
the City or its designee simultaneously with transfer of funding or other
acceptable financial mechanism to provide for management and conservation
in perpetuity. (The cost of management is currently estimated to be
approximately $85.00 per acre per year).
The Developer shall dedicate on the final map, an open space easement for those portions
of lots 34, 35, 36, 37, and 38 which are (in slopes, wetlands, coastal sage scrub or other
constrained land plus all other lands set aside as part of the Citywide Open Space System)
to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits
“A” - H” dated January 16,2002.
Removal of native vegetation and development of Open Space Lot(s) 34,35,36,37, and
38, including but not limited to fences, walls, decks, storage buildings, pools, spas,
stairways and landscaping, other than that approved as part of the grading plan,
improvement plans, biological revegetation program, and landscape plan as shown on
Exhibit “A” - “H” dated January 16, 2002, is specifically prohibited, except upon
written order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the Planning Director, and California Coastal Commission, based
upon a request from the Homeowners Association accompanied by a report fiom a
qualified arboristhotanist indicating the need to remove specified trees andor plants
because of disease or impending danger to adjacent habitable dwelling units. For areas
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containing native vegetation the report required to accompany the request shall be
prepared by a qualified biologist.
Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a
trail easement for trail@) shown on the tentative map within Open Space Lot(s) 35 and
38. 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.
All of the dwelling units shall be equipped with automatic fire sprinklers.
Prior to the issuance of a grading permit, the developer shall submit to the Planning
Department a recorded copy of a right-of-way use agreement with San Diego Gas
and Electric and a letter of permission for grading from San Diego Gas and Electric
for the proposed encroachments into the existing easement for grading.
The tentative map shall expire twenty-four (24) months fiom the date this tentative map
approval becomes final.
Engineering Conditions:
General
34.
35.
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39.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval fiom, 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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Prior to occupancy, Developer shall install rain 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 install sight distance corridors at all street intersections in accordance
with Engineering Standards.
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FeedAPreements
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Developer shall caus e property owner to execute and submit to the Ciq y Engineer fo
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.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the Tentative Map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
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.
Grading
44.
45.
46.
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.
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 prior to issuance of a building permit.
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 fiom 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 modi@ 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.
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Dedications/Improvements
47.
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51.
Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the final map and/or by
separate document prior to recordation of the final map. All land so offered shall be
offered fiee and clear of all liens and encumbrances and without cost. Streets that already
public are not required to be rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
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, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and
retaining walls, to City Standards to the satisfaction of the City Engineer.
A.
B.
C.
D.
E.
Poinsettia Lane shall be improved to complete full Major Arterial standards
(right-of-way width of 102 feet) within the subdivision boundary with
transitions as required.
Aviara Parkway shall be improved to complete half-street Major Arterial
standards (half-street right-of-way width of 51 feet) adjacent to the
subdivision boundary.
Developer shall construct a traffic signal at the intersection of Street “A” and
Aviara Parkway. Installation to be at the direction of the City Traffic
Engineer. Developer may enter into a reimbursement agreement with the
City for 50% of the construction cost.
Street “A” shall be improved to Local Street standards (right-of-way width
of 60 feet).
The existing waterlines bisecting the property shall be removed after the
water lines in Poinsettia Lane are connected to the Twin D reservoir. If the
connection has not been made prior to the start of construction of this
project, the Developer may make the connection subject to reimbursement
by CMWD.
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 cause Owner to waive direct access rights on the Final Map for all lots
abutting Poinsettia Lane and Aviara Parkway.
Developer shall execute and record a City standard Basin Maintenance Agreement prior
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52.
53.
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58.
to the approval of grading, building permit or final map, whichever occurs first for this
Project .
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities within the subdivision boundary (except existing transmission lines).
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-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.
Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Pollution Prevention
Plan (SWPPP)”. The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter said
3) Establish specific procedures for handling spills and routine clean up.
pollutants.
Special considerations and effort shall be applied to resident education on the
proper procedures for handling clean up and disposal of pollutants.
4) Ensure long-term maintenance of all post-development BMPs in perpetuity.
5) Identify how post-development runoff rates and velocities from the site will
not exceed the pre-development runoff rates and velocities for a 10-year, 6-
hour storm event. If maintaining post-development rates at pre-development
levels cannot be achieved, adequate justification subject to the City
Engineer’s approval must be provided.
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 in conformance with City of Carlsbad Standards.
Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the subdivision in conformance with City of Carlsbad Standards.
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
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longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
59. Developer shall show on Final Map the net developable acres for each parcel.
60. Note(s) to the following effect(s) shall be placed on the map as non-mapping data.
A.
B.
C.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
fiom 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.
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.
Special Conditions
61. The Average Daily Trips (ADT) 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.
62. 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.
...
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Water Conditions
63.
64.
65.
66.
67.
68.
69.
This project is approved upon the expressed 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.
Prior to approval of improvement plans, 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, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
Prior to issuance of building permits, Developer shall be pay all fees, deposits, and
charges for connection to public facilities. Developer shall pay the San Diego County
Water Authority capacitv charge - prior to meter installation.
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 City
Engineer. Provisions for said public facilities shall be reflected on public improvement
plans.
The Developer shall design and construct public facilities within the public right-of-way
or within minimum 20-feet wide easements granted to the City of Carlsbad. At the
discretion of the City Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer -
Design.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
70. 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.
71. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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.
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
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 feedexactions. 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 feedexactions
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 feedexactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5137 -16-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
of the City of Carlsbad, California, held on the 16th day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5137 -17-