HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52061
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PLANNING COMMISSION RESOLUTION NO. 5206
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
585.1 ACRES INTO 22 LOTS ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND
EAST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH
CASE NO.: CT 00-06
WHEREAS, Lennar Bressi Ranch Venture, LLC, “Developer/Owner,” has
CARLSBAD TRACT NUMBER CT 00-06 TO SUBDIVIDE
filed a verified application with the City of Carlsbad regarding property described as
Parcel “A” of Boundary Adjustment 543, Document No. 1999-
0085753 on file in the Office of the San Diego County
Recorder, February 11, 1999; and, Parcel “B” of Boundary
Adjustment 543, Document No. 1999-0085753 on file in the
Office of the San Diego County Recorder, February 11,1999.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “HH” dated June 5,2002, on file in the Planning Department
BRESSI RANCH - CT 00-06, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 5th day of June 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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH - CT 00-06, based on the following findings and
subject to the following conditions:
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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 Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable
regulations including the Bressi Ranch Master Plan (MP 178).
That the proposed project is compatible with the surrounding fbture land uses since
surrounding properties are designated for a number of residential densities and non-
residential land uses as listed in the staff report which are compatible with adjacent
existing and planned development. An analysis of land use compatibility is also
contained in the Final EIR
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,
commercial and industrial development while complying with all development
standards and public facilities requirements.
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 final map the developer will vacate and
adjust any easements that conflict with 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 fbture passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in various directions and adequate separations will be provided to allow for breezes
to cool the areas and landscaping will be installed to provide shade and reduce the
temperature of developed areas.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project will implement all required mitigation measures contained
in the Final EIR and the Mitigation Monitoring and Reporting Program.
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
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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 The Bressi Ranch
Master Plan based on the facts set forth in the staff report dated June 5, 2002 and as
contained in the Planning Commission Resolution 5202 for GPA 98-03 which is
incorporated herein by reference.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide hding 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. Frontage improvements to Palomar Airport Road and El Camino Real.
E. Full street improvement of El Fuerte Street, Alicante Street, and a portion of
Poinsettia Lane.
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 17.
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 17 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
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15. 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 as the property is within the Noise Impact
Notification Areas and no intense use shall be permitted inside the McClellan-
Palomar Airport Flight Activity Zone including high rise development and all uses
which involve the assemblage of groups of people greater than 100. This occupancy
limitation is to comply with the provisions of the CLUP and affects lots 1,2,3,4,5
and 14. 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 no part intended for residential development of the
project site is within the 60 CNEL or greater noise contours for the airport.
16. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
17. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to the
recordation of a final 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 modi@ all approvals herein granted; deny or further condition issuance of all
fhre building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different fi-om this approval, shall require an amendment to this approval.
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.
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Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of any 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.
Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy
of the Tentative Tract 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
Planning 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 17 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. Storm drain facilities consistent with the City’s Master Drainage Plan
B. Palomar Airport Road frontage improvements
C. El Camino Real frontage improvements
D. El Fuerte Street improvements
E. Poinsettia Lane improvements
Building permits will not be issued for this project unless the Carlsbad Water District
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 Bressi Ranch
Project Mitigation Monitoring and Reporting Program.
This approval is granted subject to the certification of EIR 98-04 and the approval of
MP 178, GPA 98-03 and ZC 98-04.
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 100 (20% of the 498 base dwelling units for the Bressi Ranch Master
Plan) residential units on Lot 15 as affordable to lower-income households for the usefbl
life of the dwelling units, in accordance with the requirements and process set forth in
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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 construct the required inclusionary units concurrent with the
project’s market rate units, unless both the final decision making authority of the City and
the Developer agree within an Affordable Housing Agreement to an alternate schedule
for development.
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.
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. Said facilities, if
required, shall be free from advertising and shall include at a minimum include a shelter,
bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be
consistent with basic architectural theme of the project.
Prior to approval of the final map, the Developer shall: 1) consult with the United States
Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain
any permits required by the USWFS.
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 #1 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 17, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees 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 filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Map by
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Resolution No. 5206 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.
21. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
22. Concurrent with the recordation of the final map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that lots 1,2,3,4,
5, and 14 are 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).
Open Space and Trails
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The Developer shall dedicate on the final map, an open space easement over lots 17,
19, 20, 21, and 22 to prohibit any encroachment or development, inconsistent with
the Draft Carlsbad Habitat Management Plan and the Section 7 permit issued by
the U.S. Fish and Wildlife Service for Bressi Ranch.
Removal of native vegetation in Open Space Lots 17, 19, 20, 21, and 22, as shown on
Exhibits “A” - “HH”, dated June 5, 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 based upon a request from the Homeowners
Association accompanied by a report from 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 containing native vegetation the report
required to accompany the request shall be prepared by a qualified biologist.
On the final map, the Developer shall provide an irrevocable offer of dedication to the
City of Carlsbad for a trail easement for trails shown on the tentative map within Open
Space Lots 20, 21, and 22. If the City of Carlsbad accepts dedication of the trail
easement, the trail shall be constructed concurrently with development of the site 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 concurrently with
development of the site as a private trail and shall be the maintenance and liability
responsibility of the Master Homeowners Association.
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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
minimize 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.
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 shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Engineering
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.
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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 including but not limited to: storm water quality treatment
facilities, landscaping, streets, alleys, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
There shall be one Final Map recorded for this project.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
The developer shall provide for sight distance corridors at all street intersections and
proposed driveways in accordance with Engineering Standards and shall record the
following statement on the Final Map (and in the CC&Rs).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner shall maintain this condition."
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FeeslAPreements
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The developer shall pay all current fees and deposits required.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees fiom any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
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 the final map, the Developer shall pay a proportionate share for
improvements made by others to Palomar Airport Road in accordance with the
approved reimbursement agreement.
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
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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. The developer must submit
and receive approval for grading plans in accordance with city codes and standards prior
to issuance of a building permit for the project.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intent for the start of
work has been submitted to the State Water Resources Control Board.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement 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 fiom both the City Engineer and Planning Director. The boundary
condition along the Villages of La Costa project will require blending of slopes and
in some cases deletion of opposing slopes. Substantial conformance for both
projects can be supported in this case, when it reduces grading or when the
proposed change provides for a better fit of terrain condition for either project.
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The rough-graded pads created by this project will require additional grading prior
to construction of buildings and private improvements on the individual lots. A
subsequent grading permit will be required for final development of lots. A
construction revision to the rough grading plan will not be permitted to fulfill this
requirement.
The storm drain improvements and NPDES/desiltation basins shown on the
tentative map shall be constructed by the developer and maintained by the
developer or associated project until accepted by the appropriate authority. Annual
maintenance, monitoring and reporting will be required and shall be the
responsibility of the developer or the property owners until relieved in writing by an
authority or public agency.
Dedications/Improvements
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The Pump House easement located on the corner of El Camino Real and Palomar
Airport Road, as shown on the tentative map shall be dedicated to the City of
Carlsbad in a form acceptable to the City of Carlsbad (i.e. fee, easement, or
combination of fee with an agreement). The exact location and boundary of the
Pump House Facility may vary as final design, title ownership and sign location
issues are resolved. The proposed use of the easement shall cover Water, Reclaimed
water and Sewer as needed.
Any land dedicated or offered for dedication to any entity shall reserve access and
maintenance rights respective to the facility holder to operate and maintain basins,
sewer, water, and drainage facilities within the proposed easements or open space.
Developer shall cause Owner to execute a covenant of easement for private drainage as
shown on the tentative map. The obligation to execute and record the covenant of
easement shall be shown and recording information called out on the final map.
Developer shall provide City Engineer with proof of recordation prior to issuance of
building permit.
Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
tentative map. The offer shall be made by a certificate on the final map and/or separate
recorded document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Right of entry or access easements shall be granted to the City of Carlsbad for each
lot and for each NPDES facility to allow for periodic inspection.
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Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting El Camino Real, Palomar Airport Road and Melrose Drive except as
specifically shown on the tentative map.
Developer shall cause Owner to waive direct access rights on the final map to
interior streets except for locations shown as driveways or future streets on the
tentative map.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along, adjacent to, and within the subdivision boundary.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
by law, improvements shown on the tentative map, and the following improvements:
A.
B.
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Half width improvements to El Camino Real shall be required along the
project frontage based upon Prime Arterial standards based within a full
right-of-way width of 126 feet. The limits of improvements/reconstruction are
from Palomar Airport Road to the southern project boundary. Additional
construction and transitions may be required at the existing intersection of
Palomar Airport Road and at the southern terminus.
Palomar Airport Road shall be improved along the project frontage to
complete half street (Prime Arterial) width of 63 feet. Improvements shall
include but not be limited to fully landscaped median, parkways, sidewalks
and pavement. Offsite transitions to the east may be required to provide a
continuous travel lane configuration.
The intersection of Melrose Drive south of Palomar Airport Road shall be
improved based on an additional northbound through right turn lane as
identified in the traffic report for this project. Additional construction and
transitions may be required at the existing intersection of Palomar Airport
Road to relocate and align lanes. The developer/owner may be eligible for
partial reimbursement from adjacent property owners. A reimbursement
agreement must be approved by the City prior to approval of the final map.
El Fuerte Street shall be improved to full width based on a Secondary
Arterial right-of-way width of 84 feet from Palomar Airport Road to the
southern project boundary. Additional construction and transitions may be
required to connect to the existing terminus south of this project.
The intersection of Palomar Airport Road and El Fuerte Street shall be
improved (on both sides) to accommodate dual left turns and specific lane
configuration as identified in the traffic report for this project. Additional
construction and transitions may be required to align lanes north of Palomar
Airport Road and also to connect to the existing terminus south of this
project. The developer/owner may be eligible for partial reimbursement from
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adjacent property owners. A reimbursement agreement must be approved by
the City prior to the approval of the final map.
F. 24” and 16” public water transmission mains and associated recycled water
mains shall be constructed as part of this project. The developer/owner is
eligible for a reimbursement for the 24” water transmission main in El
Fuerte. A reimbursement agreement must be approved by the City prior to
the approval of the final map.
G. Offsite sewer facilities to connect to the Rancho Carrillo Sewer Lift Station.
The developer/owner may be eligible for partial reimbursement from
adjacent property owners or as fee credits. A reimbursement agreement must
be approved by the City prior to the final map recordation.
A list of the above improvements shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements shall be
constructed within 18 months of approval of the secured improvement agreement or such other
time as provided in said agreement
55.
56.
57.
58.
Prior to recordation of a final map or issuance of a grading permit, whichever
occurs first, a financial guarantee for the construction of Poinsettia Lane between El
Camino Real and the existing terminus west of Melrose Drive shall be in place
subject to the approval of the City Engineer. This financial guarantee may include,
but is not limited to, the formation of a Bridge and Thoroughfare District, a
Community Facilities District or an assessment district.
In the event that the financial mechanism as listed above has not been formally
adopted at the time of the final map or grading permit, a street improvement
agreement may be used as a temporary alternative financing mechanism until such
time as the permanent financial mechanism is in place. Any temporary alternative
financing mechanism shall be subject to City Engineer approval.
The developer is responsible for the construction of Poinsettia Lane as mentioned
above, concurrent with development of the project. As identified in mitigation
Measure T3 of the EIR, the applicant shall provide their fair share contribution to
the construction of this arterial. The developer/owner may be eligible for partial
reimbursement from adjacent property owners. A reimbursement agreement must
be approved by the City prior to approval of the final map.
Prior to recordation of a final map or issuance of a grading permit, whichever
occurs first the developer shall comply with the City’s requirements of the National
Pollutant Discharge Elimination System (NPDES) permit. Developer shall prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) and provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook” to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
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Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
H.
I.
J.
K.
L.
M.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
SWPPP will include calculations of anticipated pollutant loading, and sizing of
structural BMPs to remove pollutants prior to storm water entering a storm drain.
Required maintenance of the BMPs and the maintenance interval will be specified
for each BMP.
Each lot in this project will include structural BMPs to remove anticipated
pollutants fi-om storm water runoff. Catch basin inserts are not sufficient by
themselves to remove all pollutants, but may be included as part of a
comprehensive system.
The developer or property owner’s association will be responsible for
monitoring, maintenance and annual reporting of BMPs until such time the
City may decide to assume maintenance responsibility.
59. Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
60. Developer shall show on the Final Map, the net developable acres for each parcel.
61. Note(s) to the following effect@) shall be placed on the map as non-mapping data
a. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
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62.
63.
b.
C.
d.
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnim the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
Covenant of easement(s) if any (description and recording information.)
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 andor required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days 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 feedexactions
DOES NOT APPLY to water and sewer connection few 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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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of June 2002, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas,
White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
- - SEENA TRIGAS, ChairpKon
CARLSBAD PLANNING COMMISSION
ATTEST: /I
;MIC &<4/& L J OLZMI ER
PC RES0 NO. 5206 -15-