HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58061
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PLANNING COMMISSION RESOLUTION NO. 5806
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF TENTATIVE TRACT MAP CT 04-11 TO
DEVELOP A MIXED-USE PROJECT CONSISTING OF THE
SUBDIVISION AND DEVELOPMENT OF 18,337 SQUARE FEET
OF COMMERCIALRETAIL USES, A 3,296 SQUARE FOOT
15 LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE
APARTMENTS ON 5.29 ACRES GENERALLY LOCATED
WEST SEGMENT OF EMBARCADERO LANE WITHIN THE
MELLO I1 SEGMENT OF THE CITY’S LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
22.
CASE NAME: POINSETTIA COMMONS
CASE NO.: CT 04-1 1
DAY CARE CENTER, 5 1 LIVE-WORK CONDOMINIUM UNITS,
SOUTH OF AVENIDA ENCINAS AND NORTH OF THE EAST-
WHEREAS, Teak Investors LLC, a Delaware Limited Liability
Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the
City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 13785, filed in the Office of the
County Recorder of San Diego County on May 21,1999
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “FFF” dated January 5, 2005, on file in the Planning
Department POINSETTIA COMMONS - CT 04-11, as provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of POINSETTIA COMMONS - CT 04-11,
Findinw :
1.
2.
3.
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
project is consistent with the TraveVRecreation Commercial and Residential High-
Density (T-R/RH) land use designations and the Commercial Tourist (C-T) zoning,
and is in compliance with all City policies and standards, including the
requirements of the Poinsettia Properties Specific Plan (SP 210). The City Council
approved SP 210 and made the findings that the plan implements the General Plan
and is consistent with the goals, objectives, and policies of the General Plan. The
development proposal, in accordance with SP 210, provides for the following: (1) the
provision of the necessary circulation element roadways and improvements to serve
the development (Avenida Encinas and Embarcadero Lane); (2) mixed-use
development within Planning Area 6 consisting of commercialhetail, day care
center, loft units, live-work units, and affordable housing units; (3), the construction
of a mixed-use pedestrian link corridor to the Poinsettia Coaster Station; (4) the
provisions for affordable housing; (5) compliance with the Local Facilities
Management Plan for Zone 22 for public facilities and services, including utility
infrastructure (sewer, water, drainage) and open space; (6) implementation of the
mitigation monitoring and reporting program for the SP 210 Program EIR; and, (7)
payment of agricultural mitigation fees.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Planned IndustriaYOffice (PI/O), Residential
Medium Density/Office and Related Commercial (RM/O), Residential Medium-
High Density (RMH) and Residential High Density (RH) on the General Plan, in that
the mixed-use transit-oriented development is consistent with the T-R/RH land uses
being called for by SP 210 which implement the City’s General Plan.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed mixed-use
development while providing all required setbacks and other amenities required by
SP 210 and other applicable City regulations.
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4.
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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 the project has been designed and structured so that there are no conflicts with
existing easements and new public utility and access easements will be dedicated on
Embarcadero Lane.
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 structures are oriented
with adequate building separations and the design of the units will allow for
adequate air circulation and the opportunity for passive heating and cooling.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
The Planning Director has determined that
a. the project is a subsequent activity of a project for which a program EIR was
prepared, and a notice for the activity has been given, which includes statements
that this activity is within the scope of the program approved earlier, and that the
program EIR adequately describes the activity for the purposes of CEQA);
[ 15 168( c)(2); and
b. this project is consistent with the Poinsettia Properties Specific Plan cited
above;
c. EIR 96-01 was certified in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project is subject to all mitigation measures required by the
Mitigation Monitoring and Reporting Program certified with Final Program EIR
96-01, as contained in Planning Commission Resolution No. 4157.
That all feasible mitigation measures identified in Program EIR 96-01 which are
appropriate have been incorporated into this project in that:
a. the project has been designed to encourage pedestrian activity;
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11.
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b. the project is conditioned to pay the required Agricultural Conversion Fees;
c. the project is conditioned to protect paleontological resources;
d. noise walls, mechanical ventilation and building construction will mitigate
noise impacts in accordance with EIR 96-01;
e. remediation measures are required for soils which may contain agricultural
chemical residues; and
f. standard City grading procedures will be implemented to ensure erosion
control and reduce sedimentation.
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 drainage
requirements of SP 210, City ordinances and standards, the Mello I1 Segment of the
Local Coastal Program, and Best Management Practices for water quality have
been considered and appropriate drainage facilities have been designed as shown on
the project’s exhibits. The project is conditioned to comply with all applicable
National Pollution Discharge Elimination System (NPDES) requirements.
The City Council/ Planning Commission finds that the project, as conditioned herein, is
in conformance with the Elements of the City’s General Plan and SP 210 based on the
facts set forth in the staff report dated January 5, 2005 in that the City Council
approved SP 210 and made the findings that the plan implements the General Plan
and is consistent with the goals, objectives, and policies of the General Plan. The
project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 22 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. That park credits for SP 210 have already been met through an agreement
with the Occidental Land Company, John D. Lusk & Son, and the City on
June 17, 1982 whereby the previous property owner agreed to construct
Poinsettia Bridge, dedicated park land, and received park land credits for
725 units for all parcels within Specific Plan 210, including the subject
parcel. Approval of CT 04-11 will deduct 78 credits from the present balance
of 185 credits leaving a remaining balance of 107 available credits.
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.
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d. All necessary public improvements, including street frontage improvements
for Avenida Encinas and improvements on Embarcadero Lane are required
as conditions of approval.
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 2 1.90 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 22.
That the project qualifies for an allocation of Excess Dwelling Units, pursuant to
City Council Policy 43 in that:
a. the project is a transit-oriented, “smart growth” development project where
increased residential density is being placed in close proximity to major
transit facilities, employment opportunities, and commercial support
systems, and
b. the project will provide housing for lower-income households to implement
the City mandated 15% low-income requirement of the Inclusionary
Housing Ordinance.
That SP 210 allows for a transfer of dwelling units between planning areas and as
each residential planning area has been developed, the excess units have been
transferred to the City’s Excess Dwelling Unit Bank. With the allocation of 17 units
from the City’s Excess Dwelling Unit Bank, the residential build-out will be 205
units under the 823 units allowed for SP 210.
That the common facilities provision of the Parking Ordinance (Section
21.44.050(a)(5)) allows up to a 15% reduction in required parking. The 15%
reduction would result in a 19 space reduction of the required 126 surface parking
spaces, resulting in the provision of 107 parking spaces on Embarcadero Lane for
commercialhetail, day care, and guest parking uses. The required parking for the
residential units would not be affected. The commercialhetail and guest parking
demands for the project operate in a completely different manner with different
parking demand peaks and are able to share the same parking supply.
The project’s potential environmental impacts were fully examined, mitigated and
evaluated within the scope of the Poinsettia Properties Specific Plan (SP 210) Final
Program EIR (EIR 96-01) previously certified and approved on January 27, 1998
along with the adopted Mitigation Monitoring and Reporting Program, Findings of
Fact and Statement of Overriding Considerations fully satisfying all applicable
CEQA requirements for the proposed project.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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20. 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.
Conditons:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. Developer shall implement, or cause the implementation of, the Poinsettia Properties
Specific Plan Final Program EIR Project Mitigation Monitoring and Reporting
Program certified with Program EIR 96-01 on January 20,1998.
6. Developer/Operator shall and does hereby agree to indemnifl., 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, fiom (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
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without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City's approval is not
validated.
Developer shall submit to the Planning 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.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of PUD 04-10, SDP 04-09, CUP 04-15,
and CDP 04-26 and is subject to all conditions contained in Planning Commission
Resolutions No. 5807, 5808, 5809, and 5810 for those other approvals incorporated
herein by reference.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of final map approval.
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.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict 12 dwelling units (including: Units 1-12 on Lot 1) as affordable to lower-
income households for 55 years, in accordance with the requirements and process set
forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
Developer may construct the required inclusionary units after the market rate units,
subject to a development schedule agreed upon by the developer and Housing and
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16.
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Redevelopment Director, which shall be included in the Affordable Housing
Agreement.
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 establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a.
b.
C.
d.
General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots andor Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
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e.
f.
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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.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit -.
A statement to the effect that no enclosed or unenclosed additions shall be
allowed at any time by any owners, successors in interest, and/or occupants.
The CC&Rs shall include a disclosure to future property owners and tenants of
this property that this site may be subject to noise, air, and traffic impacts from
Avenida Encinas, Embarcadero Lane, the San Diego Northern Railroad, and the
Poinsettia Coaster Station and from odor impacts from the Encina Wastewater
Treatment Plant.
The Parking Management Plan, shown as Attachment 11, shall be incorporated
in the CC&Rs. The CC&Rs shall clearly state the following:
1) Six (6) parking spaces shall be reserved in the underground parking garage
for employees of the day care during weekdays,
2) Twelve (12) parking spaces shall be reserved in the underground parking
garage for the residents of the affordable housing units,
3) One (1) handicap parking space shall be provided in the underground
parking garage,
4) A two-car garage space shall be included in the purchase price for each of the
market-rate loft and live-work units.
5) Six (6) parking spaces on Embarcadero Lane shall be designated for drop-
off/pick-up for the day care and subject to the time limits imposed in the
Parking Management Plan.
6) Minor modifications to the time limits imposed in the Parking Management
Plan may be allowed, subject to approval by the Planning Director.
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i. The “work” portion on the first floor of the live-work units may not be leased or
rented separately from the “live” area on the second and third floors.
j. The two-car garages required for the market-rate loft and live-work units may
not be leased, rented, or sold separately.
k. A minimum of one (1) bicycle storage locker shall be provided for each of the
twelve (12) affordable housing units.
This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
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 22, pursuant to Chapter 21.90. All such
taxes/fees 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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the Final Map, 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, Site Development Plan, Conditional Use Permit, and Coastal
Development Permit by Resolutions No. 5806, 5807, 5808, 5809 and 5810 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.
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Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
Prior to the recordation of the 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 proposed or existing Transportation Corridor
(Avenida Encinas and Embarcadero Lane), from the Poinsettia Coaster Station, and
from the San Diego Northern Railroad, and may be subject to odor impacts from the
Encina Wastewater Treatment Plant in a form meeting the approval of the Planning
Director and City Attorney (see Multinoise agreement on file in the Planning
Department).
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).
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).
Paleontology:
a) Prior to issuance of a grading permit, the developer shall present a letter to
the City indicating that a qualified paleontologist has been retained to carry
out an appropriate mitigation program. (A qualified paleontologist is
defined as an individual with an MS or Ph.D. in paleontology or geology who
is familiar with paleontological procedures and techniques.
b) A qualified paleontologist shall be present at the pre-construction meeting to
consult with the grading and excavation contractors.
c) A paleontological monitor shall be on-site a minimum of half-time during the
original cutting of previously undisturbed sediments to inspect cuts for
contained fossils. In the event that fossils are discovered, it may be necessary
to increase the per/day in field monitoring time. Conversely, if fossils are not
being found then the monitoring should be reduced. (A paleontological
monitor is defined as an individual who has experience in the collection and
salvage of fossil materials.) The paleontological monitor shall work under
the direction of a qualified paleontologist.
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d) When fossils are discovered the paleontologist (or paleontological monitor)
shall recover them. In most cases this fossil salvage can be completed in a
short period of time. However, some fossil specimens (such as complete,
large, mammal skeleton) may require an extended salvage period. In these
instances the paleontologist (or paleontological monitor) shall be allowed to
temporarily direct, divert, or halt grading to allow recovery of fossil remains
in a timely manner. Because of the potential for the recovering of small fossil
remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
Payment of agricultural conversion fees in compliance with Section 30171.5 of the
Coastal Act shall be required prior to final map approval or issuance of a grading
permit, whichever occurs first. The fee shall be applied to the 5.29 acres located
within the Planning Area 6 boundary
The developer shall incorporate all remediation measures identified in the Updated
Phase I Environmental Site Assessment prepared for the project site (Leighton
Consulting, Inc., September 29, 2003). The Report recommends placing pesticide
impacted soils below the proposed subterranean parking garage and that the
property owner enter into the County of San Diego, Department of Environmental
Health’s Voluntary Assistance Program to be in conformance with County
environmental regulations.
Prior to issuance of a building permit, the developer shall submit a supplemental
acoustical analysis which demonstrates that the architectural plans for the
residences and daycare incorporate the recommendations contained in the
Acoustical Analysis, prepared by Mestre Greve, dated August 2,2004, to ensure that
interior noise levels do not exceed 45 dBA CNEL.
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.
Developer shall obtain Planning Director approval of Sign Program PS 04-144 prior
to issuance of any signs for the development.
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Developer shall obtain Planning Director approval for any artwork proposed on the
north elevation of Building 2 (facing Avenida Encinas) within the architectural
recess areas as shown on the building elevations.
Occupancy for up to 28 live-work units may be obtained prior to issuance of a
building permit for Building 1, which includes the daycare. After the building
permit for Building 1 is issued, occupancy for the remaining 23 live-work units may
be obtained. Occupancy for the 15 condominium loft units may not be obtained
until construction has commenced and the foundations are in place for Building 1.
A maximum of six (6) kiosks or food carts may be permitted subject to the Planning
Director’s approval of the kiosk design, use, and location.
Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative
map within Lots 4 and 5. Prior to the issuance of any building permits, the trail shall be
constructed as a public trail for public use and accepted by the City of Carlsbad upon
adoption of a Citywide Trails Program that includes provisions for maintenance and
liability. Otherwise, prior to issuance of any building permits, the obligation for
acceptance, construction, maintenance, and liability shall be the responsibility of another
agency designated by the City or the responsibility of the Homeowner’s Association.
The developer shall obtain the required NCTD encroachment permit prior to
commencement of any work on NCTD property.
Enpineering
General
43. 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.
44. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
45. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
FeedAgreements
46. 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.
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47. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
48.
49.
50.
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.
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
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.
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 prior to issuance of a building permit for
the project.
Prior to issuance of a grading permit, the developer shall test for suitability of
export sandhoil for beach sand replenishment per established City guidelines and
offer to transport excavated sandhoil from the project site to a coastal location
designated by the City Engineer. The City may reject or accept said offer. Said
offer shall remain open until soil exported from the site for the underground garage
has commenced. Developer may negate said offer if the City delays development of
the project by failing to establish or adopt any procedures, requirements or
programs for coastal sand/soil replenishment or obtain necessary permits for coastal
sand/soil replenishment. Transport of soilhand is subject to a City approved haul
route permit.
DedicationslImprovernents
52. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for public utility and access easement shown on the tentative
map. The offer shall be made by a certificate on the final map. All land so offered shall
be offered free and clear of all liens and encumbrances and without cost. All street,
parking, curb, gutter and other surface facilities as well as underground drainage
facilities within said easement shall be privately maintained by the property owner
or their representative. Provisions for said maintenance shall be incorporated into
the CC&Rs.
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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 and the following improvements including, but not limited to
paving, base, signing & striping, trails, curbs and gutters, grading, removal or relocation
of utilities, sewer, water, and fire hydrants to City Standards to the satisfaction of the City
Engineer. The improvements are:
a.
b.
c.
d.
e.
Curb and gutter on Avenida Encinas;
Transitional Asphalt Concrete Pavement and Base on Avenida Encinas;
Fire Hydrant, water meters and service lines on Avenida Encinas and
Embarcadero Lane;
Sewer laterals and removal of abandoned sewer main between Access Hole
No. 1 and No. 3; and
Concrete Trail fronting Avenida Encinas and pedestrian ramps at the
intersection of Avenida Encinas and Embarcadero Lane.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Developer shall cause Owner to waive direct access rights on the final map for Lots 4
and 5 abutting Avenida Encinas.
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 S WPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
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pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 200 1-0 1 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident and employee education on
the proper procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construction BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
Developer shall have design, apply for and obtain approval of the City Engineer, for 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.
Prior to approval of the final map, the City of Carlsbad slope easements recorded
with the San Diego County Recorder per Doc No. 2002-0033831 shall be
quitclaimed.
An easement for private reciprocal drainage shall be reserved on the final map over
all of Lots 1,2,3,4 and 5 for the benefit of Lots 1,2,3,4 and 5.
Prior to the approval of the final map, Embarcadero Lane between the northern
and southern boundary of Lot 3 shall be vacated to the underlying property owner.
The proposed Embarcadero Lane shall be privately owned and maintained.
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A vehicular and pedestrian access easement shall be granted over Lot 3 to all
property owners and residents within Poinsettia Properties Planning Areas 2, 3, 4
and 5.
Vehicular gates or similar obstructions are prohibited on Embarcadero Lane. A
gate is permissible for the underground garage as shown on the tentative map. A
sign shall be posted at the driveway entrance to said underground parking stating
that parking is for resident use only.
Prior to recordation of the final map, a drainage easement shall be recorded over
portions of Lot 3 for the benefit of Poinsettia Properties Planning Area 5 (Lot 4 of
CT 97-10, Map 13785). Said easement shall encompass areas on Lot 3 that will
receive surface and subsurface drainage.
Developer shall execute a Traffic Signal Improvement Agreement to design and
install to City standards and post appropriate security as provided by law, two
traffic signals to be constructed to the satisfaction of the City Engineer. The
improvements shall consist of:
a. Design and construct a new fully actuated traffic signal at both intersections
of Avenida Encinas and Embarcadero Lane. Developer acknowledges the
necessity of this signal is to serve only this project and Developer will bear all
costs associated with the design and construction of this signal, if warrants
are met. The signal shall be interconnected with adjacent signals to facilitate
signal coordination.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 5-years
after the last certificate of occupancy has been issued within this Development. The
traffic signal shall be installed only when written approval is received by the City
Engineer.
Final Map Notes
67.
68.
Developer shall show on Final Map the net developable acres for each parcel.
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:
I.
11. Transitional Asphalt Concrete Pavement and Base on Avenida
Curb and gutter on Avenida Encinas;
Encinas; and
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111. All Fire Hydrant, water, and sewer facilities within the Avenida
Encinas public right-of-way and the public utility and access easement
over Embarcadero Lane.
B.
C.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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. Easement recording information.
Special Conditions
69. 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
70.
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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, 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 Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
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/or 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.
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Fire
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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/Site Plan) to the satisfaction of the
District Engineer. Proposed public facilities shall be reflected on public improvement
plans.
The Developer shall provide separate potable water meters for each separately owned
unit.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
The Developer shall submit a detailed sewer study, prepared by a Registered Engineer,
that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
be submitted concurrently with the improvement plans for the project and the study shall
be prepared to the satisfaction of the District Engineer.
The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes, Said study shall be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The Developer shall submit a detailed recycled water study, prepared by a
Registered Engineer that identifies the peak demands of the project. The study shall
identify velocity in the main lines and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study
shall be prepared to the satisfaction of the District Engineer.
The entire project shall be equipped with automatic fire sprinklers.
Standpipes are required in parking structure.
Fire alarms are required in the day care and residential structures.
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Atrium doors shall be equipped with magnetic hold open devices.
Any proposed trees on Embarcadero Lane shall not encroach onto the roadway and
shall be maintained to a clear height of 13 feet 6 inches.
The entire project, including the parking structure and storage units, shall be
equipped with automatic fire sprinklers in conformance with Carlsbad Fire
Department directive #7.
Knox boxes and fire extinguishers are required. In addition to the Knox Key Box at
the parking structure entrance, a Knox Box shall be required at any pedestrian
gate, or access that may become locked, at the entrance to any occupancy other than
dwelling units and at the doors that provide access to fire sprinkler risers and fire
alarm equipment. A Knox Key switch override shall be required for gate operation.
Emergency access gates shall be provided on Avenida Encinas to the day care play
yard.
The owners shall establish a maintenance agreement whereby utilities and fire
protection shall be maintained at all times.
If a fire hydrant does not exist on Avenida Encinas within 100 feet of the backflow
device for the daycare building, an additional hydrant will be required.
Doors for the private storage areas in the underground parking structure shall be
rated for 1 1/2 hour.
Elevators shall be sized per UBC 3003.5a for gurney-sized elevators.
Code Reminders
96.
97.
98.
99.
100.
Developer shall pay a Iandscape 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.
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.
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101. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
102. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
103. 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.
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 5th day of January 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN: : erson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
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