HomeMy WebLinkAbout2003-11-05; Planning Commission; Resolution 5462I
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PLANNING COMMISSION RESOLUTION NO. 5462
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
35.193 ACRES INTO 25 RESIDENTIAL LOTS AND 4 OPEN
SPACE LOTS AND ONE PRIVATE STREET LOT 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 ESTATE RESIDENTIAL
CARLSBAD TRACT NUMBER CT 02-19 TO SUBDIVIDE
CASE NO.: CT 02-19
WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a
verified application with the City of Carlsbad regarding property described as:
Lot 11 of Carlsbad Tract No. 00-06 in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 14,600 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 Tentative Tract
Map as shown on Exhibits “ER 1-3”and “ERL 1-12” dated September 17,2003, on file in the
Planning Department BRESSI RANCH ESTATE RESIDENTIAL - CT 02-19, as provided by
Chapter 20.12 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 continued
the item to a date uncertain; and
WHEREAS, the Planning Commission did, on the 5th day of November 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 Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH ESTATE RESIDENTIAL - CT 02-19, based
on the following findings and subject to the following conditions:
Findin ~s :
1.
2.
3.
4.
5.
6.
7.
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 future land uses since
surrounding properties are designated for residential and open space development on
the General Plan and in the Bressi Ranch Master Plan.
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
subdivision while providing amenities required by the applicable City regulations,
including the Bressi Ranch Master Plan.
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 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 future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family residences with reasonable separation to
allow adequate air circulation within and surrounding any future residential units
as well as orienting the homes in various directions which provides benefit relative
to the path of the sun and tree planting to provide shade.
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
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8.
9.
10.
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 proposed development is located outside of the hard line preserve
area identified in the Habitat Management Plan approved for the property. The
project area is a designated development area in the Bressi Ranch Master Plan,
which was evaluated in the Final Program EIR 98-04.
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, and the Bressi Ranch
Master Plan based on the facts set forth in the staff report dated November 5, 2003
including, but not limited to the following:
a.
b.
C.
d.
e.
Land Use - The project is consistent with the City’s General Plan and the Bressi
Ranch Master Plan since the proposed density is within the density range of 0.0
- 1.5 du/acre specified for the site as indicated on the Land Use Element of the
General Plan and the Bressi Ranch Master Plan, and is at or below the growth
control point of 1.0 du/acre as well as not exceeding the number of units
permitted by the Bressi Ranch Master Plan.
Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Bressi Ranch Master
Plan as the developer is required to construct affordable housing units
consistent with the Initial Affordable Housing Agreement approved for the
Bressi Ranch Master Plan. The Bressi Ranch Affordable Housing project
will satisfy the inclusionary housing requirement for this project.
Open Space and Conservation - The Open Space Preserve Areas are identified
in the City’s Habitat Management Plan, certified EIR 98-04, and Bressi
Ranch Master Plan. The project will not impact the designated open space
and will provide master plan trails and connections to the adjacent
neighborhoods as identified in the Bressi Ranch Master Plan.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
the Bressi Ranch Master Plan.
PC RES0 NO. 5462 -3-
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11.
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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 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.
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.
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. 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 residential areas of the project site
are within the 60 CNEL or greater noise contours for the airport.
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
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earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA; [ 15 168(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 ED2 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.
17. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
18. 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.
Note: 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.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative 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 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.
3.
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Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4.
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If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative 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 the facility permitted hereby, including
without limitation, any and all liabilities arising fiom 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.
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.
This approval is granted subject to the approval of PUD 03-09 and MP 178(B) and is
subject to all conditions contained in Planning Commission Resolutions No. 5500 and
5501 for those other approvals are incorporated herein by reference.
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’’
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12.
13.
14.
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
1andsGaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. 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 andor 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 andor Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
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15.
16.
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
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 taxedfees 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
PC RES0 NO. 5462 -8-
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17.
18.
19.
20.
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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, fhture
and existing schools, parks and streets.
The Developer shall post a sign in the sales office in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
Prior to the recordation of the final tract map for CT 02-19, the Developer shall prepare
and record a Notice that this property is subject to overflight, sight and sound of aircraft
operating fiom 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).
Prior to the recordation of the final tract map for CT 02-19, 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.
5462 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.
Prior to the recordation of the final tract map for CT 02-19, the Developer shall prepare
and record a Notice that this property may be subject to noise impacts fiom 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).
Developer shall dedicate on the final map, an open space easement for those portions of
lots 26 through 29 which are (in slopes, wetlands, coastal sage scrub or other constrained
land plus all other lands set aside as part of the Citywide Open Space System) to prohibit
any encroachment or development, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit “ER-2.”
Removal of native vegetation and development of Open Space Lots 26 through 29,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
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25.
26.
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29.
30.
and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “ER-
2,” is specifically prohibited, except upon written order of the Carlsbad Fire Department
for fire prevention purposes, or upon written approval of the Planning Director, and
(California Coastal Commission if in Coastal Zone), based upon a request from the
Homeowners Association accompanied by a report from a qualified arborist/botanist
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
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 first 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.
Engineering
General
3 1. 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.
32. 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.
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Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, cleanouts, laterals and utility
services, parkways and street trees, and 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.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the tentative map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
There shall be one Final Map recorded for this project.
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).
Tvpe 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.”
Tme 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,
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grading, or landscape plan prepared in association with this development.
FeedAgreements
38. 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.
Grading
39. 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.
40. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
Dedications4mprovements
41.
42.
43.
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 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.
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,
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44.
45.
46.
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. Poinsettia Lane to be fully improved between El Camino Real and Melrose
Drive as shown on DWG 397-21 and 2K.
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
fronting more than one (1) street as shown on the tentative map and as approved by
the City Engineer.
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 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.
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
(BMPs) 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.
d.
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 fiom
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
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47.
48.
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;
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 construction BMPs in perpetuity; and
identify how post-development runoff rates and velocities fiom the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
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.
Developer shall incorporate into the grading/improvement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Design could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed riprap, or other means deemed appropriate
to the satisfaction of the City Engineer.
Final Map Notes
49. 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 indemniQ the City of Carlsbad fiom any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
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.
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Special Conditions
50. 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
51.
52.
53.
54.
55.
56.
57.
58.
59.
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 andor joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authoritv capacitv charge(s2 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.
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.
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60.
61.
62.
63.
64.
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 water
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.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
65. The tentative map shall expire twenty-four (24) months fiom the date this tentative map
approval becomes final.
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.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days fiom 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 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 5th day of November 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: . None
ABSENT: None
ABSTAIN: None
R, Chairperson
AD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILmR
Planning Director
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