HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 56861
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PLANNING COMMISSION RESOLUTION NO. 5686
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE A 56.52 ACRE LOT INTO 16 LOTS AND 354
AIRSPACE TIMESHARE UNITS TO ALLOW THE
DEVELOPMENT OF A HOTEL/TIMESHARE RESORT WITH
350 HOTEL ROOMS AND 350 TIMESHARE UNITS ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF CANNON ROAD, EAST OF ARMADA DRIVE AND WEST
OF FARADAY AVENUE WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 13.
APPROVAL OF CARLSBAD TRACT NUMBER CT 03-02 TO
CASENAME: CARLSBAD RANCH PLANNING AREA 5-
RESORT SITE
CASE NO.: CT 03-02
WHEREAS, Grand Pacific Resorts, Inc. “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Carlsbad Estate Holding,
Inc., “Owner,” described as
Boundary Parcel “A” of C.O.C. recorded March 9, 1998 as
Doc. #1998-125301 per City of Carlsbad Boundary Adjustment
Plat No. 498 and Lot 20 of Carlsbad Tract 94-09, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 13408, filed in the Office of the County
Recorder of San Diego County on April 1,1997
(“the property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A 1” - “A-44,” “C 1” - “C 33,” “L-1” - “L-23,” and “H 1” - “H
9” - dated August 18, 2004, on file in the Carlsbad Planning Department, CARLSBAD
RANCH PLANNING AREA 5-RESORT SITE - CT 03-02, as provided by Chapter 20.12 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of September 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA
5-RESORT SITE - CT 03-02, based on the following findings and subject to the
following conditions:
Findings:
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4.
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
proposed design and improvements for the subdivision are in compliance with
requirements of CMC Titles 20 and 21 and with the Carlsbad Ranch Specific Plan,
and all necessary public facilities and services needed to serve the proposed project
are or will be in place prior to occupancy of any building proposed for the project
site.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Travel-Recreation Commercial, and Open
Space on the General Plan, and that the proposed resort development will be
compatible with and will integrate into the existing community.
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 nonresidential development at the
intensity proposed, in that all public facilities and service requirements have been
planned for the maximum buildout allowed under the Carlsbad Ranch Specific
Plan, which this project does not exceed, and all applicable code requirements have
been met relative to the site design.
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 all existing easements of record within the project are consistent with the
proposal or shall be relocated as necessary concurrent with recordation of the final
map.
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5.
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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 adequate separations
will be provided to allow for breezes to cool the area and landscaping will be
installed to provide shade and reduce the temperature of developed areas. The
proposed buildings are oriented in different directions to take advantage of the
ridge-top location of the site.
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 project site has been used for agricultural purposes and the native
vegetation located at the north-east corner of the site will not be impacted by the
proposed project.
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 Carlsbad Ranch
Specific Plan based on the facts set forth in the staff report dated August 18, 2004
including but not limited to the following:
A. Land Use - The project is consistent with the City’s General Plan and with
the Carlsbad Ranch Specific Plan since the subject site has a T-R land use
designation and is designated to be developed as a full service destination
resort, according to the Specific Plan.
B. Circulation - The project is served by existing fully improved public streets
Cannon Road and Hidden Valley Road, which operate at acceptable levels of
service. On-site circulation consists of private streets, which provide access
to hotels, timeshare units and other amenities. The circulation system is
designed to provide adequate access to the proposed lots and complies with
all applicable City design standards and the Carlsbad Ranch Specific Plan.
C. Noise - The project is conditioned to comply with the 45 dBA CNEL interior
noise standard.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 13 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
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project will be installed to serve new development prior to or concurrent with need.
Specifically,
a.
b.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permits.
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 Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the
environmental impacts therein identified for this project and said comments
thereon, and Mitigation, Monitoring and Reporting Program (the Program), on
file in the Planning Department, prior to RECOMMENDING APPROVAL of
the project; and
b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part I1 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
the environment.
The Planning Commission hereby finds that the Program is designed to ensure that
during project implementation the Developer and any other responsible parties implement
the project components and comply with the feasible mitigation measures identified in
the CEQA Findings and the Program.
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 hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
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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 the approval
of final map, issuance of grading permit, or issuance of a building permit, whichever
occurs first.
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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; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different 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 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.
The Developer shall submit to the Planning Department a reproducible 24” x 36” mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
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This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 13 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.
Developer shall implement, or cause the implementation of the Project Mitigation
Monitoring and Reporting Program.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Addendum and Mitigation Monitoring and Reporting Program and SP 207(E),
LCPA 90-08(D), SDP 03-02, CDP 03-04, PUD 03-01, CUP 03-01 and HDP 03-01 and
is subject to all conditions contained in Planning Commission Resolutions No. 5685,
5693, 5692, 5687, 5688, 5689, 5690 and 5691 for those other approvals incorporated
herein by reference.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural lands, which provide some benefits to’ wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of the final map, or issuance of a grading permit or building permit,
whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, ths
project will not be consistent with the Habitat Management Plan and the General Plan
and any and all approvals for this project shall become null and void.
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 andor resolution
and this project becomes subject to a linkage fee pursuant to said ordinance andor
resolution, then the Developer, or hishedtheir 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
existing development, in which case, the fee shall be paid on approval of the final map,
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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.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall provide 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, shall be free from advertising and shall include at a
minimum 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. The design of the
required bus shelter shall be compatible with the project architecture. Plans for the
bus shelter design shall be submitted to the Planning Director and the North County
Transit District for review and approval prior to the issuance of a building permit
for the project. The bus shelter shall be constructed prior to occupancy of the first
phase of the project.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors andor materials to the project to the
satisfaction of the Planning Director.
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.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
The project is approved to be constructed in a maximum of ten (10) phases, as shown
on exhibit “A-44”. Each phasing plan shall be submitted to the Planning Director,
City Engineer, Fire Marshal and Principal Building Inspector for review and
approval prior to the issuance of a grading or building permit. Each phase shall
include proposed buildings, parking, landscaping, hardscape and any improvements
required to serve the uses, located within that phase. Building permits for the first
phase must be issued within 24 months of the date on which the project received
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final City Council approval or this approval shall expire. Building permits for all
the future phases must be issued within 8 years of the date on which the project
receives final City Council approval or the future phase approval will expire.
The number of buildong permits issued for timeshare units shall never exceed the
number of building permits issued for hotel rooms unless otherwise approved by the
Planning Director.
Occupancy permit for timeshares proposed in Phase 1 will not be issued until such
time that Hotel 1 is fully operational.
The maximum time increment for recurrent exclusive use of occupancy of a
timeshare unit shall be four months. A note indicating this requirement shall be
placed on the final map for the project.
Pursuant to Section 21.42.010(10)(iii) of the CMC, timeshare units in this project
shall be converted to a hotel use if it cannot be successfully marketed as a timeshare
project.
The management and maintenance plan submitted by the Developer titled
“Management And Maintenance Plan-Planning Area 5 Resort Site” attached to this
resolution is approved and made a part of the permit for the project.
Landscape plans prepared for this project shall show landscaping as required by
Section E.3-1.2-2 of the Landscape Manual for the areas of the project not
constructed as part of the initial phase of construction due to the high visibility of
this area to the public.
The Developer shall submit a solid waste management plan for review and approval
by the City of Carlsbad. This plan shall provide the following:
a. The approximate location, type and number of containers to be used to
collect refuse and recyclables.
b. Refuse and recyclable collection methods to be used.
c. A description and site plan for any planned on-site processing facilities or
equipment (balers, compactors).
d. A description of the types of recycling services to be provided and
contractual relationships with vendors to provide these services.
e. The estimated quantity of waste generated and estimated quantities of
recyclable materials.
This plan shall also evaluate the feasibility of the following diversion
programs/measures:
a.
b. Cardboard recycling.
c.
Source separated green waste collection.
Programs which provide for the separation of wet (disposable) and dry
(recoverable) materials.
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d.
e. Glass recycling in restaurants.
Where feasible, providing compactors for non-recyclables to reduce the
number of trips to disposal facilities.
The applicant shall retain a qualified hazardous materials specialist to be present
on-site during grading operations to observe any possible contamination such as the
presence of underground facilities, buried debris, stained soils, waste drums, and
tanks or odorous soils. Should such materials be encountered, further investigation
and analysis shall be required to identify the significance of the potentially
contaminated area. Soil remediation measures shall be implemented based on the
recommendations of the hazardous materials specialist.
a.
b.
C.
Randomly selected surface samples shall be collected after each phase of
grading and chemically tested for pesticides to verify that toxaphene and
DDT plus its derivatives are below the established TTLC and STLC action
levels.
During site development, soils contaminated with petroleum hydrocarbons
shall be mitigated. Mitigation techniques shall include:
0
0
0
Place the affected soil beneath a proposed road/parking area as a base
material;
Recycle the affected soil; or
Bio remediate the affected soil on site.
The applicant shall prepare a report documenting results of any future
testing. This report shall indicate the measures taken to mitigate
contamination, as appropriate. The report shall be submitted to the City of
Carlsbad Engineering Department. All recommendations contained in the
report shall be complied with by the applicant.
Developer shall dedicate on the final map, an open space easement for that portion
of the lot which is identified on project plans as a culturally significant site to
prohibit any encroachment or development, including but not limited to fences,
walls, decks, storage buildings, pools, spas, stairways and landscaping.
The developer shall enter into an agreement with the City of Carlsbad that if in the
future a comprehensive open space management program is set up, the developer
will pay its fair share for the management of Planning Area 9 of the Carlsbad
Ranch Specific Plan.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 each year. All areas disturbed by grading shall be planted
within 60 days of initial disturbance and prior to October 1 with temporary or permanent
(in the case of finished slopes) erosion control methods. The October 1 grading season
deadline may be extended with the approval of the City Engineer subject to
implementation by October 1 of erosion control measures designed to prohibit discharge
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of sediments offsite during and after the grading operation is completed. Extensions
beyond November 15 may be allowed in areas of very low risk of impact to sensitive
coastal resources and may be approved either as part of the original Coastal Development
Permit or as a formal amendment to an existing Coastal Development Permit.
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 13, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Prior to final map approval, 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, Site Development Plan, Coastal
Development Permit, Planned Unit Development, Conditional Use Permit and
Hillside Development Permit by Resolutions No. 5686, 5687, 5688, 5689, 5690 and
5691 on the real property owned by the Developer. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any condition 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 showing of
good cause by the Developer or successor in interest.
Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Timeshares/Condominium Plan filed with the Department of Real
Estate which is in conformance with the City approved documents and exhibits.
The Developer shall display a current Zoning and Land Use Map, or an alternative,
suitable to the Planning Director, in the sales office at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, hture
and existing schools, parks and streets.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
The Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department) .
Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
with the Planning Director.
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38. Any signs proposed for this development shall at a minimum be designed in
conformance with the Carlsbad Ranch Specific Plan and shall require review and
approval of the Planning Director prior to installation of such signs.
Any damage incurred to existing public trails located on-site shall be repaired to
previous pre-construction condition. The applicant shall be responsible for the
maintenance of the existing trail located along the southern property line.
39.
Engineering:
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 and/or 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.
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).
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."
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The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
45. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
associated Carlsbad Ranch Assessment District (AD 95-01), or the assessments must be
paid in full. Developer shall pay all associated costs of said reapportionment. The
application shall be submitted to the City Engineer with the application for the final map.
Fees/Agreemen t s
46.
47.
48.
49.
50.
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.
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 cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
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.
Grading
51. 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.
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52. 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.
Dedications/Improvements
53.
54.
55.
56.
Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the final map and/or by
separate document. 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 & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire
hydrants, street lights, water quality treatment 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, and streets and as
shown on the Tentative Map.
b) Developer shall design and install a fully-actuated traffic signal, including all
appurtenances, interconnects and Video Detection at the intersection of Cannon
Road and the entrance to this project to the satisfaction of the City Engineer.
The traffic signal shall not be installed until such time that written approval is
received from the City Engineer.
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.
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:
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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.
57. Prior to the issuance of grading permit or building permit, whichever OCCLU-s 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 CaIifornia 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;
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.
d.
e.
f.
58. Developer shall incorporate into the gradinglimprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
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Final Map Notes
59. 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:
1. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
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 Condition:
60. 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. Bridge and Thoroughfare District
No. 3 (B&TD#3) fees shall be paid in accordance with the fee payment provisions
contained within the B&TD#3 fee study report.
Water
61.
62.
63.
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 charne(s1 prior to issuance of Building Permits.
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64.
65.
66.
67.
68.
69.
70.
71.
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.
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 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
72. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
73. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planning 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.
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74.
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78.
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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
“feedexac tions .”
You have 90 days from date of approval to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions 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 1st day of September 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
zza----- fiRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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