HomeMy WebLinkAbout2003-09-17; Planning Commission; Resolution 54641
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PLANNING COMMISSION RESOLUTION NO. 5464
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
TO SUBDIVIDE 131.0 ACRES INTO 523 LOTS AND REVIEW
HOMES ON THE LOTS ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF
EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION
OF POINSETTIA LANE AND WEST OF THE FUTURE
EXTENSION OF EL FUERTE STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH RESIDENTIAL (PLANNING
AREAS 6 THROUGH 10 AND 12)
APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 02-06
THE DESIGN AND PLACEMENT OF SINGLE-FAMILY
CASE NO.: PUD 02-06
WHEREAS, Bressi Garden Lane LLC, LLDeveloper and Owner,” has filed a
verified application with the City of Carlsbad regarding property described as:
Lots 6,7,8,9,10,12, and 16 of Carlsbad Tract No. 00-06 in the
City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14600 filed in the office of the
County Recorder of San Diego County May 29,2003
(“the Property”);and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “R 13-23”; “RZ, 1-41”; and ”RA 1-116”” dated
September 17, 2003, on file in the Planning Department, BRESSI RANCH RESIDENTIAL
(PLANNING AREAS 6 THROUGH 10 AND 12) - PUD 02-06 as provided by Chapter 21.45
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of September 2003,
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 Planned Unit Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the Citypf 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 BRESSI RANCH RESIDENTIAL
(PLANNING AREAS 6 THROUGH 10 AND 12) - PUD 02-06, based on the
following findings and subject to the following conditions:
Findinps:
1. That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, in that the project has been
designed to reflect City Council Policy Statement No. 66 regarding Livable
Neighborhoods and City Council Policy Statement 44 regarding Neighborhood
Architectural Design Guidelines, to provide common recreation and open spaces, to
provide common recreational vehicle storage, and to provide a variety of housing
designs.
2. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the neighborhoods of Bressi Ranch have been
designed per the land use distribution shown in the Bressi Ranch Master Plan where
each neighborhood compliments the next.
3. The Planning Director has determined that:
a. the project is a subsequent activity of the Bressi Ranch Master Plan for which a
program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA; [15168(c)(2) and (e)];
b. this project is consistent with the Master Plan cited above;
c. EIR 98-04 was certified in connection with the prior Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
f. All mitigation measures contained in the adopted Mitigation Monitoring and
Reporting Program from EIR 98-04 applicable to the proposed Planning Area
projects have been completed, incorporated into the project design or are required
as conditions of approval for the project.
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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 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 fkom 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 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 the project
is being proposed and will be implemented consistent with the requirements of the
Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan.
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 project is not
within noise contours greater than 60 CNEL as created by airport operations.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit.
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
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revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or Mer 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 Planned Unit Development.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Unit Development 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.
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.
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 Planned Unit Development,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Planned Unit Development reflecting the conditions approved by the final decision
making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
This approval is granted subject to the approval of MP 178(A) and CT 02-14 and is
subject to all conditions contained in Planning Commission Resolutions No. 5460 and
5461 for those other approvals incorporated herein by reference.
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This approval shall become null and void if building permits are not issued for this
project within 18 months from the date that CT 02-14 is recorded as a final map.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures that 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.
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 and comply will all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning
Commission Resolution No. 5201.
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 as required by
the “Initial Affordable Housing Agreement Imposing Restriction on Real Property”
between the City of Carlsbad and Lennar Bressi Ranch Venture, LLC to provide and
deed restrict 100 dwelling units as affordable to lower-income households for 15 years, in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the
Planning Director no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
The Developer shall 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 Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
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Planning Director prior to final map approval. The CC&Rs shall adequately address
maintenance of all common landscaped areas (including landscaping within parking
areas) and paved parking areas. Prior to issuance of a Certificate of Occupancy the
Developer shall provide the Planning Department with a recorded copy of the official
CC&R s 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 by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in the 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 the
City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easement. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the City
shall have the right but not the duty, to perform the necessary maintenance. If the
City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
D. Special Assessment Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots andor 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 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 form 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
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levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be set forth in Exhibit
F. Restrictions on Private Lots. Restrictions on the use of any portion of a private
lot shall be set forth in Exhibit
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 taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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 extend 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.
The Developer shall display a current Zoning and Land Use Map, or an alternative,
suitable to the Planning Director, in the sales office at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future
and existing schools, parks and streets.
The Developer shall post a sign in the sales office in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
Prior to the issuance of building permits, 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 an Planned Unit Development by Resolution No. 5464 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
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which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest
Prior to the issuance of building permits, 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).
Developer shall submit a street name list consistent with the City’s street name policy
subject to the Planning Directors approval prior to final map approval.
Any signs proposed for this development shall at a minimum be designed in conformance
with the Bressi Ranch Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
The common recreational vehicle storage area in Planning Area 13 shall be
completed and available to residents prior to or concurrent with the occupancy of
the 51st residential unit.
Pedestrian scale decorative street lighting subject to the approval of the Planning
Director and City Engineer shall be provided in locations and in quantities
determined by the City Engineer.
Longer stretches of wall and/or fence along public rights-of-way as determined by
the Planning Director shall be visually softened by the use of vines, shrubs, and/or
trees as determined by the Planning Director and shall be reflected on the landscape
plans.
A minimum of one twenty-four inch box size tree per residential lot of the
subdivision shall be planted in the parkway adjacent to each residential lot of the
subdivision and shall be reflected on the landscape plans. The species shall be as
determined by the Planning Director.
A minimum of 25 percent of all single-family residential driveways leading to a
front loaded garage not accessed from an alley as determined by the Planning
Director shall be designed as “Pasadena” driveways with either grass or enhanced
pavement in the middle, examples of which are shown on Exhibits “F” - “W.”
All lots with side-loaded garages shall have enhanced driveway paving as
determined by the Planning Director.
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33. All of the model homes in Panning Areas 6, 9, 10, and 12 shall be constructed with
an upgraded garage door approved by the Planning Director and all production
homes shall be offered with the same or similar upgraded garage door as an option.
En Pineering
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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 fkom, 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&h andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, parkways and street trees,
storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
This project is approved for up to 6 Final Maps for the purposes of recordation in
the order of phasing and lot numbers as shown on the tentative map.
Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CC&Rs).
Type I
“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.”
Type I1
“NO structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight
which is established per City Standard Public Street-Design Criteria, Section
8.B.1. The sight line is depicted on the tentative map. The underlying
property owner shall maintain this condition.”
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
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Fees/Agreemen ts
39. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
40. Developer shall execute and record a City standard Basin Maintenance Agreement prior
to the approval of grading, building permit or final map, whichever occurs first for this
Project.
Grading
41. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
42. 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 fi-om the City Engineer.
Dedications/Improvements
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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 andor by
separate 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.
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, signing and striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire
hydrants, street lights, water quality treatment facilities and reclaimed water, to City
Standards to the satisfaction of the City Engineer. The improvements are:
a) Onsite improvements including but not limited to sewer, water,
recycled water, storm drain, water quality treatment facilities, streets
and alleys as shown on the Tentative Map.
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b) Frontage improvements of the Master Tentative Map (CT 00-06)
including but not limited to: Palomar Airport Road, El Camino Real,
El Fuerte Road, and infrastructure as shown on DWG 400-8, C, E, G,
H, I, and 400-85 to the satisfaction of the City Engineer. These
improvements shall either be constructed in advance of development
permits or secured by this project if they are not yet complete. At the
time of final design for this project, the security may be waived if
these circulation and utility improvements have been installed to the
satisfaction of the City Engineer.
c) That portion of Gateway Road 600’ west of El Fuerte as shown on
DWG 400-8B and 8D along the frontage of lot 5.
d) Poinsettia Lane to be fully improved between El Camino Real and
Melrose Drive as shown on DWG 397-21 and 2K.
e) Design and construct a new fully actuated traffic signal at the
intersection of Gateway Road and Village Green Drive. Developer
acknowledges the necessity of this signal is to serve only this project
and Developer will bear all costs associated with the design and
construction of this signal, if warrants are met. The signal shall be
interconnected with adjacent signals to facilitate signal coordination.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 5-years
after the last building permit has been issued within this Development. The traffic
signal shall be installed only when written approval is received by the City
Engineer.
f) Developer shall design and install a fully-activated traffic signal,
including all appurtenances, at the intersection of Gateway Road and
Village Green Drive to the satisfaction of the City Engineer. The
traffic signal shall not be installed
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.
46. Developer shall cause Owner to waive direct access rights on the final map for all lots
fronting more than one (1) street as shown on the tentative map and as approved by
the City Engineer.
47. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer 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 and City of Carlsbad Requirements. The SWPPP shall
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address measures to reduce to the maximum extent practicable storm water
pollutant runoff during construction of the project. At a minimum, the SWPPP
shall:
a.
b.
C.
d.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional
Water Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMP’s) that will be implemented with this project to avoid contact or filter
said pollutants from storm water to the maximum extent practicable before
discharging to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee education on
the proper procedures for handling clean up and disposal of pollutants.
48. 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 demonstrate compliance with the City of Carlsbad
Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by
the San Diego Region of the California Regional Water Quality Control Board and
City of Carlsbad Municipal Code. The SWMP shall address measures to avoid
contact or filter said pollutants from storm water, to the maximum extent
practicable, for the post-construction stage of the project. At a minimum, the
SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water
bodies that could be impacted by this project;
recommend source controls and treatment controls that will be implemented
with this project to avoid contact or filter said pollutants from storm water to
the maximum extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education on
the proper procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will
not exceed the pre-development runoff rates and velocities to the maximum
extent practicable.
e.
f.
49. 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 Erom 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.
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Final Map Notes
50. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
a. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
b. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
c. 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
5 1. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
Water
52.
53.
54.
55.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map for
processing and approval by the District Engineer. A copy of the approved exhibit shall
accompany the landscape, improvement and grading plans for reference.
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56.
57.
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65.
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.
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 coordinate with the District Engineer regarding the looped system
and easements.
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 City
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 detailed design drawings prepared by a Registered
Engineer for the construction of a pressure reducing station, if required to serve the
project. Said plans shall be prepared to the satisfaction of the District Engineer.
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Code Reminder
The project is subj
the following:
:t to all applicable provisions of 1 cal ordinances, including but not limited t
66. 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.
67. 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.
68. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
69. 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.
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/exac tions.”
You have 90 days from date of final 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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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 17th day of September 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None v R, Chairperson
Ce PLANNING COMMISSION
ATTEST:
MICHAEL J. HO%~MII%R
Planning Director
PC RES0 NO. 5464 -16-