HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52401
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PLANNING COMMISSION RESOLUTION NO. 5240
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
53.65 ACRES INTO FIVE LOTS ON PROPERTY GENERALLY
LOCATED EAST OF SALK AVENUE AND WEST OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: FOX MILLER PROPERTY
CASE NO.: CT 00-20
WHEREAS, Mission Beach, L.L.C, a Washington Limited Liability
Company, Mark F. Miller, Dean E. Miller, and Gordon B Fox, “Developer”/”Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
CARLSBAD TRACT NUMBER CT 00-20 TO SUBDIVIDE
That portion of Lot “F” of Rancho Agua Hedionda, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego
County, November 16, 1896, described in a grant deed
recorded August 13,1992, as Document Number 1992-0512626
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhlbits “A” - “N” dated July 17,2002, on file in the Planning Department
FOX MILLER PROPERTY - CT 00-20, as provided by Title 20 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 17th day of July 2002 and on
the 4th day of September 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES FOX MILLER PROPERTY - CT 00-20, 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 industrial development on the General Plan, in
that surrounding industrially designated properties are designated for and have
been approved for development with industrial uses on similar sized lots.
That the site is physically suitable for the type of development since the site is adequate
in size and shape to accommodate industrial development 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 future passive or
natural heating or cooling opportunities in the subdivision, in that the sue of the lots
allow for buildings to be placed to take advantage of solar exposure or 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.
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 mitigate any significant impacts through the
implementation of the Fox Miller Project Mitigation Monitoring and Reporting
program.
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That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National 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 based on the facts set forth in
the staff report dated July 17,2002 including, but not limited to the following:
A. Land Use - The industrial subdivision is consistent with the Planned
Industrial land use designation.
B. Circulation - The project is served by El Camino Real, College Boulevard and
Salk Avenue and has direct access to public streets. The streets adjacent to
the project site are adequate to serve the 1,800 Average Daily Trips
generated by this project.
C. Noise - The project is located outside the 60 CNEL of Palomar Airport. The
project is conditioned to record a notice of restriction regarding the projects
proximity to a major circulation element roadway, El Camino Real.
D. Open Space & Conservation - The project preserves 20.4 acres of sensitive
habitats in open space.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 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 Local Facilities Management fee for Zone 5 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
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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.
13. This project has been conditioned to comply with any requirement approved as part of the
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Local Facilities Management Plan for Zone 5.
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 the development is
outside the 60 CNEL noise contour which designates office and industrial
development as a compatible land use.
1 15. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: 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 Mher 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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the tentative tract map documents, as necessasy 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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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Developerloperator shall and does hereby agree to indemniQ, 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) DeveloperlOperator’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.
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 5 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.
This approval is granted subject to the approval of GPA 00-05, ZC 00-07, PIP 00-02,
HDP 00-11, and SUP 00-10, and is subject to all conditions contained in Planning
Commission Resolutions No. 5238, 5239, 5241, 5242, and 5243 for those other
approvals.
Approval is granted for CT 00-20 as shown on Exhibits “A” - “N”, dated July 17,2002,
on file in the Planning Department and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance andor
resolution, then the Developer, or hiskerltheir successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
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existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
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. 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 landscape plans shall include a
maintenance plan for the geologic roadcuts provided adjacent to El Camino Real.
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 establish an owner’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.
B.
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D.
General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the oflicial record.
Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
Special Assessments Levied bv the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
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E.
F.
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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.
Landscape Maintenance Resuonsibilities. The Owner’s Association and
individual lot or unit owner landscape maintenance responsibilities shall be as set
forth by the approved landscape plans on file at the City of Carlsbad
Planning Department.
Open Space Maintenance Responsibilities: The Association’s open space
maintenance responsibilities for Open Space Lot 5 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 US Fish and
Wildlife Service and California Department of Fish and Game until some
future date at which time ownership will be transferred to the City or its
designee for perpetual maintenance.
Open Space Maintenance Financial Responsibility/ObliPation: Simultaneous
with the transfer of ownership of open space Lot 5 to the City or its designee,
the Owner’s Association 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).
Geoloyic roadcuts: The Association shall maintain the geologic roadcuts per
the maintenance plan approved as part of the landscape plans.
16. The Developer shall dedicate on the final map, an open space easement for lot 5 which is
(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
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development, (including but not limited to fences, walls, decks, storage buildings, pools,
spas, stairways and landscaping), except as shown on Exhibits “A” - “N” dated July 17,
2002.
Removal of native vegetation and development of Open Space Lot 5, 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 “L” dated July 17,2002,
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 Owners Association accompanied by a report from a qualified
arboristhotanist indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent structures. For areas containing native
vegetation the report required to accompany the request shall be prepared by a qualified
biologist.
Developer shall provide standard 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 .
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 USFWS.
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 5, 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.
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map by Resolution No. 5240 on the property. 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.
Developer shall prepare and record a Notice that this property may be subject to noise
impacts from the proposed or existing Transportation Corridor, in a form meeting the
approval of the Planning Director and City Attorney (see Noise Form #1 on file in the
Planning Department).
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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).
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Engineering Conditions
General
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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.
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.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. A statement shall be included in the Final Map (see Final
Map Notes) and in the CC&Rs.
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
30. 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.
31. 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.
32. Developer shall pay a special fee to the City per City Council Resolution No. 88-143,
for the cost of engineering and construction of the existing El Camino Real median
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along the southeasterly frontage of the project site.
33. 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.
34. The City is currently in the process of updating its Master Drainage and Water
Quality Management Plan (Master Drainage Plan) and associated Local Drainage
Area (LDA) Fees. Prior to final map approval the developer shall pay the current
LDA Fee, and/or receive appropriate credits for any Master Drainage Plan facility
improvements installed by Developer as a condition of this project, and enter into an
agreement with the City to pay the increase in LDA Fee, if any, at the time City
Council approves the updated Master Drainage Plan and associated LDA Fee.
Grading
35.
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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. Developer shall apply for and
obtain a grading permit fiom the City Engineer.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement 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 modify 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.
DedicationsLImprovements
39. Developer shall cause Owner to execute a covenant of easement for access purposes 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.
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Developer shall cause Owner to make an irrevocable offer of dedication to the City
andor other appropriate entities for all public streets and other easements shown on the
tentative map. The offers shall be made by a certificate on the final map 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.
Developer shall cause Owner to make an irrevocable offer of dedication to the City,
with transfer rights, for a non-exclusive vehicular access easement from Salk
Avenue through Lot 2 to the adjacent property southeasterly of this subdivision, as
shown on the tentative map. This access easement shall be rough graded only, no
other improvements for the benefit of the adjacent property are required from this
development. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of all drainage systems to the satisfaction of the City
Engineer. The City shall inspect all drainage systems. Developer shall pay the standard
improvement plancheck and inspection fees.
Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the tentative map and the following improvements including, but not limited to paving,
base, sidewalks, curbs and gutters, medians, signing and striping, traffic control,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the
satisfaction of the City Engineer.
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El Camino Real, on its southwesterly side, to prime arterial standards
from the southeasterly project boundary corner to the existing
improvements at the northwesterly corner of the project.
Provided the City obtains the necessary right-of-way, and concurrent
with the onsite improvements, the widening of the southwesterly side of
El Camino Real to the ultimate location of the curb and gutter from the
southeasterly project boundary corner to the existing improvements to
the south (approximately 100 feet). Prior to installation of these
improvements, the City will process a reimbursement agreement for their
cost.
Salk Avenue to industrial street standards.
A traffic signal at the intersection of College Boulevard and Salk Avenue.
Based on the existing Contract for Future Public Improvements (FIA
97008, the Developer may request that a reimbursement agreement for
the cost of this facility over their fair share be processed. If a
reimbursement agreement is requested it shall be approved prior to or
concurrent with approval of the final map for this subdivision. In lieu of
installation or securing for the installation of the traffic signal, Developer
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may deposit with the City sufficient funds to cover its fair share of the
cost of this facility. Such deposit shall be made prior to approval of the
final map.
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 El Camino Real.
The developer shall design and install the permanent detention basin shown on the
tentative map to ensure that the carrying capacity of the existing storm drain system
downstream of the subdivision is not exceeded. The design shall adhere to City
Standards to the satisfaction of the City Engineer.
A statement regarding maintenance requirements by the property owners within
the subdivision and the right but not the obligation for city emergency maintenance
must be included in the project’s CC&Rs and in the Final Map.
The developer shall enter into a basin maintenance agreement and submit a
maintenance bond satisfactory to the City Engineer prior to the approval of
grading, building permit or final map, whichever occurs first, for this project. The
agreement and bond shall remain in effect until the owners association accepts
responsibility for the maintenance of the basin. The basin maintenance requirement
shall be included in the CC&Rs.
Developer shall cause owners to dedicate El Camino Real from the northwesterly
project boundary to the existing improvements southerly of the project based on a
center line to right-of-way width of 126 feet, as shown on the tentative map, and in
conformance with City of Carlsbad Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along the subdivision boundary.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan
(SWMP).” The SWMP shall be in compliance with the NPDES permit requirements
and provisions as established by the San Diego Region of the California Regional
Water Quality Control Board and the City of Carlsbad. The SWMP shall address
measures to reduce to the maximum extent possible storm water pollutant runoff at
both construction and post-construction stages of the project. The SWMP shall:
1. Identify construction activity and post-development on-site pollutants of
concern.
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2. Recommend structural and non-structural Best Management Practices
(BMPs) to remove said pollutants.
3. Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee and resident
education on the proper procedures for handling clean up and disposal of
pollutants.
4. Ensure long-term maintenance of all post construct BMPs in perpetuity.
5. Incorporate measures to ensure-development runoff rates and velocities from
the site are not increased as a result of the project.
Additionally, concurrent with the SWMP, 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
California Water Resources Control Board.
Prior to occupancy, Developer shall install street lights along all public and private street
frontages abutting andor within the subdivision boundary (Salk Avenue and the
southwesterly side of El Camino Real) in conformance with City of Carlsbad
Standards.
Prior to occupancy, Developer shall install sidewalks along the southerly side of El
Camino Real abutting the subdivision in conformance with City of Carlsbad Standards.
Prior to occupancy, Developer shall install wheelchair ramps at the southerly side of El
Camino Real comers abutting the subdivision in conformance with City of Carlsbad
Standards.
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 andor radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
54. Developer shall show on Final Map the net developable acres for each parcel.
55. Notes to the following effects shall be placed on the map as non-mapping data
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. El Camino Real
2. Salk Avenue
3. Traffic signal at College Boulevard and Salk Avenue
B. Building permits will not be issued for development of the subject property unless
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the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
2. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
D. No structure, fence, wall, tree, shrub, sign, or any other object shall be placed
or permitted on the subject property within the line-of-sight areas. No
obstructions shall impede nor conflict with the lines-of-sight established per
Section 8 of the City’s Engineering Standards. The underlying property
owner shall maintain this condition.
E. A permanent detention basin to ensure that the carrying capacity of the
existing storm drain system downstream of the subdivision is not exceeded is
required within this subdivision. The property owners within this
subdivision are required to provide for the maintenance of the basin. The
City has the right but not the obligation to perform emergency basin
maintenance.
The subdivision property owners shall agree to keep current the basin
maintenance agreement and maintenance bond to the satisfaction of the City
Engineer.
F. Covenants of easement for access purposes are required as shown on the
tentative map. The obligation to execute and record the covenants of
easement shall be shown and recording information called out on the final
map.
Water District
56. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine fire hydrant locations.
57. 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.
58. 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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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 install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
The Developer shall submit a detailed sewer study, prepared by a Registered Engineer,
that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
be submitted concurrently with the improvement plans for the project and the study shall
be prepared to the satisfaction of the District Engineer.
The Developer shall submit a detailed potable water study, prepared by a Registered
Engineer that identifies the peak demands of the project (including fire flow demands).
The study shall identify velocity in the main lines, pressure zones, and the required pipe
sizes. Said study shall be submitted concurrently with the improvement plans for the
project and the study shall be prepared to the satisfaction of the District Engineer.
The Developer shall submit a detailed recycled water study, prepared by a Registered
Engineer that identifies the peak demands of the project. The study shall identify velocity
in the main lines and the required pipe sizes. Said study shall be submitted concurrently
with the improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The Developer shall submit detailed design drawings prepared by a Registered
Engineer for the construction of a potable water pressure reducing station required
to serve the project as determined and to the satisfaction of the District Engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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Fees
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The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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 parcel 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.
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.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
General
73. 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.
74. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
75. 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.
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
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of Septe,mber 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall and White
NOES: Commissioner Wtton
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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