HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57131
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PLANNING COMMISSION RESOLUTION NO. 5713
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
SITE INTO THREE BUILDING ENVELOPE LOTS, ONE JOINT
ACCESS AND PARKING LOT, ONE COMMONLY
MAINTAINED DETENTION BASIN LOT, AND TWO OPEN
SPACE LOTS ON PROPERTY GENERALLY LOCATED
SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF
CARLSBAD TRACT CT 04-06 TO SUBDIVIDE A 13.47 ACRE
ASTON AVENUE, AND NORTH OF THE MC CELLAN-
PALOMAR AIEWORT IN LOCAL FACILITIES MANAGE-
MENT ZONE 5.
CASE NAME: PALOMAR POINTE
CASE NO.: CT 04-06
WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt,
Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75%
interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,”
described as:
That portion of Lot F of the Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 823, filed in the Office of the
County Recorder of San Diego, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “N” dated September 1, 2004, on file in the Planning
Department PALOMAR POINTE - CT 04-06, 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
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) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES PALOMAR POINTE - CT 04-06, based on the following findings
and subject to the following conditions:
FindinPs :
1. 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 subdivision and associated development satisfies all minimum require-
ments of Title 20 and has been designed to comply with other applicable regulations
including the Non-Residential Planned Development Ordinance and the PM
(Planned Industrial) Zone subdivision and development standards.
2. That the proposed project is compatible with the surrounding existing and future land
uses since surrounding properties are designated for Planned Industrial and
Government Facilities development on the General Plan, in that the property is
consistent with the McClellan-Palomar Airport Comprehensive Land Use Plan and
the open space requirements of the City’s draft Habitat Management Plan.
Surrounding properties are designated for planned industrial development and
have been developed as such. A new public street will be constructed concurrent
with the development to serve both the site and the future municipal golf course.
3. That the site is physically suitable for the type of development since the site is adequate in
size and shape to accommodate industrial development, in that the project complies
with all development standards and public facilities requirements without the need
for a variance from the development standards.
4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the proposed development.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
6. 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 location of the lots
allows for adequate building separations to take advantage of solar exposure or
prevailing breezes.
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7.
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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 HMP “hardline areas’’ will be preserved as open space and all
potentially significant impacts will be mitigated through the implementation of the
Palomar Pointe Mitigation Monitoring and Reporting Program.
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 Pollutant Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated September 1,2004 including, but not limited to the following:
A. Land Use - The project is consistent with the City’s General Plan Planned
Industrial (PI) and Open Space (OS) land use designations.
B. Circulation - The project will be required to construct a new off-site public
street from College Boulevard in order to provide access to the site.
C. Noise - The project is required to mitigate noise impacts on interior office
spaces to 50 dBA.
D. Open Space and Conservation - The open space preserve areas comply with
the “hardline areas’’ identified in the City’s draft Habitat Management Plan
and these open space areas will be managed by an appropriate conservation
entity with adequate funds for long-term biological management consistent
with the HMP.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. the project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
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c. the Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
d. the Local Facilities Management fee for Zone 5 will be collected prior to issuance
of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
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 5.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The 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, and shall record an avigation easement. The
project is compatible with the projected noise levels of the CLIP; and, based on the
noise/land use compatibility matrix of the CLUP, the proposed land use is compatible
with the airport, in that the indoor noise levels for any buildings proposed for office
use must be attenuated to at least 50 dBA CNEL.
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 grading
permit or final map, 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
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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.
Developer shall submit to Planning Department a reproducible 24” x 36,” mylar copy of
the Tentative Map and Site Plan reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-08, ZC 04-03, LCPA
04-07, PUD 03-02, PIP 03-02, CDP 03-06, and HDP 03-02 and is subject to all
conditions contained in Planning Commission Resolutions No. 5709, 5710, 5711, 5712,
5714,5715,5716, and 5717 for those other approvals incorporated herein by reference.
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Approval is granted for CT 04-06 as shown on Exhibits “A” - “N” dated September 1,
2004, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
All grading activities are prohibited from February 1st to September 15th due to the
presence of the coastal California gnatcatcher. Grading activities are therefore, allowed
during a portion of the “rainy season”. All erosion control and revegetation measures
must be fully implemented prior to the grading prohibition period. Any extensions must
receive written approval of the City Engineer and the responsible wildlife agencies
(California Department of Fish and Gamemnited States Fish and Wildlife Service).
Developer shall dedicate on the final map, an open space easement over Lots 4 and 6 to
prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, stairways and landscaping, as shown on Exhibit “B.”
Removal of native vegetation and development of Open Space Lots 4 and 6, including
but not limited to fences, walls, decks, storage buildings, stairways and landscaping, other
than that approved as part of (the grading plan, improvement plans, biological
revegetation program, landscape plan, etc.) as shown on Exhibit “B,” 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 the California Coastal
Commission, based upon a request from the Owners Association accompanied by a report
from a qualified arboristhotanist indicating the need to remove specified trees andor
plants because of disease or impending danger to adjacent buildings. For areas containing
native vegetation the report required to accompany the request shall be prepared by a
qualified biologist.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
Prior to recordation of the final map or prior to issuance of a grading permit, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot(s):
a. Select a conservation entity, subject to approval by the City, that possesses the
necessary qualifications to hold title to the open space lot(s) and manage it for
conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
b.
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c. Based on the results of the PAR, provide a non-wasting endowment, or other
financial mechanism acceptable to the Planning Director and Wildlife
Agencies, to the selected conservation entity in an amount sufficient for
management and monitoring of the open space lot(s) in perpetuity.
Concurrent with recordation of the final map, transfer fee title to the open space lot(s) to
the selected conservation entity.
17.
18. Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
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,
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.
19. Developer shall establish an owner’s association and corresponding covenants, conditions
and restrictions. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval. The CC&Rs shall adequately address
maintenance of all common landscaped areas and paved parking areas. Prior to
issuance of a building permit the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the Department of Real
Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following
provisions :
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
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 City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perfom 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
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same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or 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 City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The 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 submit a street name list consistent with the City’s street name policy
subject to the Planning Director’s approval prior to final map approval.
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Prior to occupancy of the first building the Developer shall provide all required outdoor
employee eating areas per the approved plans, including associated landscaping.
A minimum of 568 square feet of indoor employee eating area shall be provided
within Building “A” for the employees of the building. The employee eating area
shall be constructed concurrently with the shell of the building and shall be
available for use concurrent with the first certificate of occupancy for any tenant
improvement.
Prior to the issuance of the final map or grading permit, 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, Non-Residential
Planned Development Permit, Planned Industrial Permit, Coastal Development
Permit, and Hillside Development Permit by Resolutions No. 5713,5714,5715,5716,
and 5717 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 first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the College Boulevard Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#I on file in the Planning Department).
Prior to the recordation of the final 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).
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.
Prior to issuance of a building permit, the developer shall comply with all conditions
of approval contained in Resolution 03-025 approved by the Airport Land Use
Commission, dated May 1,2003.
Prior to recordation of the Final Map, a joint use parking agreement shall be
submitted for review and approval by the Planning Director, City Engineer, and
City Attorney. The agreement shall provide for the following:
A. The sharing in perpetuity of all parking and access aisles/driveways onsite,
and between all the uses proposed for the Palomar Pointe project.
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B. The agreement shall not be modified without the prior written approval of
the Planning Director, City Engineer, and City Attorney.
C. A copy of the joint use parking agreement shall be recorded in the Office of
the County Recorder and copies filed with the Planning Director prior to
issuance of building permits for 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 the open space preserve areas or adjacent property.
Grading permits for this project may be issued prior to the California Coastal
Commission approval of the LCPA.
Building permits may not be issued until final approval of the LCPA by the
California Coastal Commission.
Engineering:
General
36. 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.
37. 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.
38. 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, detention basins, street lights, and storm
drain facilities located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within the subdivision.
39. There shall be one Final Map recorded for this project.
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40. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Map
(and in the CC&Rs):
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition.”
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
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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.
A portion of the cost associated with the grading and improvement of Street “A” as
shown on the tentative map may be reimbursable in accordance with the August 7,
2000 agreement between the Carlsbad Public Financing Authority and James L.
Hieatt and Mildred E. Hieatt. Prior to commencement of any grading or
improvements within Street “A,” Developer shall enter into a standard City
reimbursement agreement.
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 the 85-2 (reassessment district 97-1) Assessment District, 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.
Prior to approval of any grading 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
45. 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.
46. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
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easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
47. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, grading permits for this project are required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of any building permits
or commencement of any grading activities.
Dedicationsfimprovements
48.
49.
50.
51.
52.
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 recorded
document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost.
Prior to issuance of any grading permits, Developer shall process necessary
construction changes to existing approved City drawings (381-4C, 405-7, etc.) to
ensure coordination of grading and facilities associated with this project or adjacent
City projects. The City’s most current version of the golf course plans and the
improvement plans for this subdivision shall be coordinated prior to commencement
of any grading activities.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
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. Improvements include, but are not limited to: paving, base,
signing and striping, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and
reclaimed water, all to City Standards to the satisfaction of the City Engineer. The
improvements are:
a)
b)
c)
Grading and improvements required for the construction of Street “A” as
shown on the Tentative Map.
Water, sanitary sewer, and reclaimed water lines within Street “A” and
within the project site as shown on the Tentative Map.
The proposed storm drain facilities shown as public on the Tentative Map.
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53.
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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.
Maintenance of the proposed detention basins shall be the responsibility of the
project’s Association and shall be covered in the project CC&Rs. 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. Prior to
issuance of any grading permits, developer shall secure an easement and permanent
access roads to the northerly detention basin over the adjacent property. Said
easement shall also be offered for dedication to the City of Carlsbad. The easements
shall be for the benefit of the current owner as well as the future association
responsible for maintenance of the basin.
Street “A” shall be dedicated by Owner along the project frontage based on a centerline
to right-of-way width of 60 feet and in conformance with the August 7,2000 agreement
between the Carlsbad Public Financing Authority and James L. Hieatt and Mildred
E. Hieatt.
Developer shall ensure all necessary offsite right-of-way, over and upon adjacent
properties, is obtained and granted to the City of Carlsbad, prior the construction of Street
“A” and the associated public improvements as shown on the tentative map.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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57. 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. include all content as established by the California Regional Water Quality Control
Board requirements;
b. include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
c. 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
d. 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.
58. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
C.
d.
e.
f.
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 employee 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.
59. Prior to occupancy, Developer shall install street lights along Street “A,” between
College Boulevard and the terminus of the public street in conformance with City of
Carlsbad Standards.
60. Prior to grading permit issuance, Developer shall design, and obtain approval from the
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City Engineer, the structural section for the access aisles with a traffic index of 5.0 in
accordance with City Standards due to truck access through the parking area and/or aisles
with an ADT greater than 500. The structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information and approved by the City
Engineer as part of the building or grading plan review whichever occurs first.
6 1. 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 andor radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
62. Developer shall show on Final Map the net developable acres for each parcel.
63. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1.
2.
Those public improvements within Street “A” as shown on the
tentative map.
The onsite public water, reclaimed water, and sewer systems as shown
on the tentative map and within utility easements as indicated on this
map.
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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.
D. Unless satisfied by the project CC&Rs, a covenant of easement for access and
utility purposes shall be recorded over Lot 5 for the benefit of Lots 1-4 and 6.
Special Conditions:
64. 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:
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Fire:
71.
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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 shall be considered
public improvements and shall be served by public water mains to the satisfaction of the
District Engineer.
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
Authority capacity charnek) prior to issuance of Building Permits.
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 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.
The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The Developer shall submit a detailed recycled water study, prepared by a Registered
Engineer that identifies the peak demands of the project. The study shall identify velocity
in the main lines and the required pipe sizes. Said study shall be submitted concurrently
with the improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The Fire Department shall not permit the use of RPDA devices for fire protection
water supply. Instead, the use of Double Detector Check Valves shall be required.
Additionally, the installation of Post Indicator Valves is not necessary and should
therefore be reconsidered.
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. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
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74.
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of the City Engineer. Some improvements shown on the tentative parcel map andor
required by these conditions are located offsite on property which neither the City nor the
owner has sufficient title or interest to permit the improvements to be made without
acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
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.
Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and approval of the
Planning Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of September, 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
1-
FRANK H. WHI'ITON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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