HomeMy WebLinkAbout1986-08-19; City Council; 8707-3; Phase II & III Batiquitos Lagoon Educational Park SammisCIT-OF CARLSBAD - AGEND -3ILL 99/i,3 @
AB# 8707-#3 T,TLE. PHASES II & III OF THE BATIQUITOS d DEPT. He
MTG. 8/19/86 LAGOON EDUCATIONAL PARK - CT 85-37/ CITY A&c!
DEPT. CA PUD-95/SDP 85-15/CT 85-38/PUD-96/
‘TIP R’i-19 - SAMMTS CITY MGR& L -
RECOMMENDED ACTION:
If the Council concurs your action is to:
Adopt Resolution No. approving CT 85-37/PUD-95
Adopt Resolution No. approving SDP 85-15 fl7/
Adopt Resolution No. p77;2 approving CT 85-38/PUD-96
Adopt Resolution No. 6773 approving SDP 85-19
ITEM EXPLANATION
The City Council at their meeting of August 12, 1986 directed the City Attorney to prepare documents approving Phases II and III of the Batiquitos Lagoon Education Park. The resolutions in that regard are attached. The Council should satisfy itself that the findings and
conditions accuratley reflect your intentions in the matter.
I EXHIBITS
Resolution No. 8770 approving CT 85-37/PUD-95 Resolution No. approving SDP 85-15 r77/ Resolution No. Resolution No.
~7772 c approving CT 85-38/PUD-96
g773 approving SDP 85-19
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RESOLUTION NO. 8770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 51 LOT TENTATIVE TRACT MAP (CT 85-37) AND PLANNED UNIT DEVELIOPMENT (PUD-95) ON PROPERTY GENERALLY LOCATED IMMEDIATELY
NORTH OF BATIQUITOS LAGOON BETWEEN INTERSTATE 5 AND THE AT&SF RAILWAY
APPLICANT: BATIQUITOS LAGOOM EDUCATIONAL PARK CASE NO: CT 85-37/PUD-95.
WHEREAS, on June 25, 1986 the Carlsbad Planning
Commission adopted Resolution No. 2555 recommending to the City
Council that Tentative Tract Map (CT 85-37) and Planned Unit
Development (PUD-95) be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
August 12, 1986 held a public hearing to consider the recommenda
tions and heard all persons interested in or opposed to Tentativ
Tract Map (CT 85-37) and Planned Unit Development (PUD-95); and
WHEREAS, the environmental review for said tentative ma
was certified for MP-175 in 1985, a Negative Declaration for
Phases II and III was filed by the Planning Director on June 25,
1986 in compliance with the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1980 and the California
Environmental Quality Act:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2555 constitute the findings of the City Council
in this matter.
C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
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D. That Tentative Tract Map CT 85-37 and Planned Unit
Development PUD-95 are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commission
Resolution No. 2555 dated June 25, 1986 marked Exhibit A
attached hereto and made a part hereof, with the exception of the
following:
1. Condition No. 5 is amended to read as follows:
" 5 . Developer shall dedicate or improve park land pursuant to the parks agreement entered into between the City and the developer. The agreement shall be performed before approval
of the final map for any portion of this tentative map."
5. Condition No. 80 has been deleted.
3. Condition MO. 89 has been added to read as follows:
“89. The building locations, parking and recreation
facilities shown on lots 31 and 32 are specifically not approved. Development of these lots will require the processing of a conditional use permit pursuant to Chapter 21.42 of the Carlsbad Municipal Code."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
26th day of August , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTE St’ : I
ALETHA L. RKUTE
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EXHIBIT A
PLANNING COMMISSION RESOLUTION NO. 2555
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 51 LOT TENTATIVE TRACT MAP AND
432 UNIT PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN INTERSTATE-5 AND THE AT&SF RAILWAY (Phase II MP-175). APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NO: CT 85-37/PUD-95
WHEREAS, a verified application for certain property, to
wit:
A portion of Lots 1 through 4 inclurive of Patcel Map NO.
13653, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31, 1985 as File No. 85-033316 of Official Records,
las been filed with the City of Carlsbad, and referred to the
?lanning Comnisaion; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 25th day of
June, 1986, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
:onsidering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THBREFORE, BE IT HERBBY RESOLVED by the Planning
:ommission as follows:
9) That the above recitations are true and correct.
5) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of CT 85037/PUD-95,
based on the following findings and subject to the following conditionsr
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Findings:
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Th- project is consistent with the City's General Plan since the proposed density of 13.2 du's/acre is within the density range of 8-15 du's/acre specified for the site as indicated on
the Land Use Rlement of the General Plan and that the other uses proposed are consistent with the General Plan for the
site.
The project as proposed is consistent with Master Plan MP-175 because the densities and uses proposed are permitted in the Master Plan which implements the P-C zone.
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 pro-
posed.
The project is consistent with all City public facility pol-
icies and ordinances since:
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The Planning Commission has, by inclusion of an
appropriate condftion to.this project, ensured that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added a
condition that a note shall be placed on the final map .
that building permits may not be issued for the project
unless the City Engineer determines that sewer service is avafldble, and building-cannot occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
Public Facilities Element of the General Plan and the
proposed Growth Management Ordinance have been met ins,ofar as they apply to sewer service for this project.
The Carlsbad School District has written a letter, dated
September 10, 1985, stating that school facilities will be
available to this project.
Park land dedication or fees or park improvements in lieu
of, are required as a condition of approval.
All necessary public improvements have been provided or will be required as conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. The applicant has also agreed by condition to pay
all Growth Management Fees. Performance of those
contracts and payment of the fees will enable this body to
find that public facilities will be available concurrent with 'need as required by the General Plan.
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Zonditions:
f) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual.
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential private school, recreation commercial or travel: service commercial development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the
Planning Director on April 23, 1986 and approved by"the Planning Commission on June 25, 1986.
This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities identified in the Master Plan. This project will provide all of the facilities and services needed in Phase II of the Master Plan.
If the improvements or facilities are not provided, the project will create an unmitigated burden on existing. improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goala, policies and plans.
The applicant is by condition, required to pay any development fees and has agreed to abide by any additional requirements established by the City of Carlsbad pursuant -to Chapter 21.90 of the Carlsbad Municipal Code or any other applicable iaws, in order to implement and comply with the City's Growth
Management System. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
Because of the unique design and concept of the educational
park a variance from engineering standardr can be granted to permit enriched pavement on Windrose Circle.
I) Approval is granted for CT 85-37/PUD-95, as shown on Exhibits
=A” - =UU", dated April 29, 1966, incorporated by reference
and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
I) This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is available to serve the subdivision.
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This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application fol such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map.
This project is also approved under the express condition that the.applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code to implement the growth management system and to fulfil1 the subdivider's agreement to pay the public facilities fee dated July 9, 1986 a copy ol which is on file with the City Clerk and is incorporated by this reference and to fulfil1 the requirements of the agreement to pay fees for facilities and improvements as required by the Growth Management System. If the fees are
not paid this application will not be consistent with the General Plan and approval for this project shall be void.
Developer shall dedicate park land pursuant to the parks agreement entered into between the City and the developer. The agreement shall be executed before the final map for any portion of this tentative map.
The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These .fees shall be based on the fee schedule in effect at the time of building permit application.
The applicant shall comply with all provisions of the Carlsbad Municipal Code Section 21.90.030(g) (Growth Management System). No residential building permits shall bc issued until all Growth Management plans have been prepared to the satisfaction of the City Council.
Approval of this request shall not excuse compliance with the
Batiquitos Lagoon Educational Park Master Plan, all sections
of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
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101 Before this project is reviewed by the City Council, the
applicant shall execute the agreement to pay the fees for facilities and improvements as required by the Growth Management System and any other agreement required by Municipal code Section 21.90.030(g).
Planning Department Conditionst
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All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked with small pole signs to be approved by the
Planning Director. d
The applicant shall prepare a 24.~36' reproducible mylar of
the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.-
The applicant shall establish a homeowner's association and
correeponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. Said homeowner's association shall be a participating member of the Master Educational Park Association.
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
A 500' scale map of the subdivision shall be submitted to the
Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
.A11 parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the sign program outlined in the Batiquitos
Lagoon Educational Park Master Plan and shall require review and approval of the Planning Director prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Planning Director.
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All roof .appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Building and Planning.
The applicant 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.
The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dfs- trict. Said facilities shall at a minimum include a bench,
free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project and
said design shall be subject to the approval of the Planning Director and North County Transit District.
The developer shall display a current Zoning and Land Use Map
in the sales office at all times, and/or suitable alternative to the satisfaction of the Planning Director.
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.
Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible from the street or access road: color of identification
and/or addresses shall contrast to their background color.
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 65913.5. 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.
The condominiums and townhomes within this subdivision are being approved for residential honeownership 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. A condition so stating this shall be placed in the C.C. 6 R's
for the project.
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A
During grading a two phased program shall be undertaken to avoid possible significant impacts on paleontological
resources.
A) Phase 1 shall consist of a qualified paleontologist doing
a literature and records search, surface study, subsurface testing if necesbary, the recordation of any sites, and a recommendation regarding the need for
further work.
B) If it is determined during Phase 1 that further work is
necess'ary it shall consist of the following:
1) A qualified paleontological monitor shall be present at a pregrading conference with the developer, grading contractor, and the environmental review coordinator. The purpose of this meeting will be to consult and coordinate the role of the . paleontologist in the grading of the site. A qualified paleontologist is, an individual with adequate knowledge and experience with fossilized
remains likely to be present to identify them in the field and is adequately experienced to remove the
resources for further study.
2) A paleontologist or designate shall be present during those relative phases of grading as determined at the pregrading conference. The
monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of fossil remains (primarily marine mammals). At the discretion of, the monitor, recovery may include washing and picking of soil samples for micro- vertebrate bone and teeth. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists as may be determined by the Planning Director. The contractor shall be aware of the
random nature of fossil occurrences and the poss ibility of a discovery of remains of such scientific and/or educational importance which might
warrant a long term salvage operation or
preservation. Any conflicts regarding the role of the paleontologist and/or recovery times shall be
resolved by the Planning Director.
Prior to the issuance of building permits, the applicant shall be required to prepare an interior and exterior acoustical analysis for all residential units located along Interstate-5 (Planning Areas 0 and El. All recommended mitigation measures from this analysis shall be incorporated
into the projects .design.
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This proposed project, CT 85037/PUD-95 shall comply with all of the specific conditions of Local Coastal Program Permit.
The project applicant shall be required to process a Master
Plan amendment for Master Plan 175 in order to bring it into conformance with Local Coastal Program prior to final map
approval.
All buildings approved with this application shall be constructed with as much consistency as possible with the approved architectural elevations. Any revisions to these approved elevations shall require the approval of th,e Planning Director.
The project applicant shall be required to pay to the State
Coastal Conservancy an agricultural conversion mitigation fee
of between $5,000 and $10,000 per acre prior to final map
approval. The specific fee amount per acre shall be decided upon by the City Council, and shall apply to the proposed
conversion of 100 acres of non-prime agricutural lands
located upon the subject Master Planned property.
Prior to the issuance of building permits, the applicant
shall be required to submit elevations and parking level plans for all parking structures. These elevations and floor plans shall be subject to review and approval by-the Planning Director and the City Engineer.
A master bicycle parking plan shall be subiitted to the . Planning Director for approval prior to the issuance of a final map. Plan shall show facilities for parking and
locking bicycles include all-weather bike boxes.
Engineering Conditions:
36) No grading permits shall be issued for this subdivision
prior to recordation of the final map, unless this
condition is waived by the Community Development Director.
37) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
38) The grading for this project is defined as .controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
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Upon completion of grading, the developer shall ensure that an .-as-gr.aded' geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of
the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevknt any offsite
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prier to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engi- neer.
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The developer shall pay the current local drainage area fee
prior to approval of the final map for this. project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
The developer shall construct desiltation/detention basins of
a type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactbry to the City Engineer prior to the approval of the final map for this project. Each desiltation basin shall
be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite
borrow sites which may be utilized in the construction of this project as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project.
The developer shall make an offer of dedication to the City for all public streets and easements required by these
conditions or shown on the tentative map. The ‘offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City
free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
Direct access rights for all lots abutting Avenida Encinas, Windrose Circle and Avenida Batiquitos shall be waived on the final map. (Except the specific openings as shown on the tentative map.)
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown
on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
A) ~11 improvements identified in the Citywide and local
facility management plans pursuant to Chapter 21.90 of
the Carlsbad Municipal Code.
B) windrose Circle (all portions full width to complete the
circle.
cl Avenida Encfnas from its existing terminus to Windrose Circle. (Full'width.)
0) Avenida Batiquitos from Windrose Circle to Carlsbad Boulevard. (Full width.)
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Avenida Batiquitos bridge and appurtenances over AT&SF
Railw.ay. Fully actuated traffic signals at:
1. Avenida Encinas and Windrose Circle
2. windrose Circle and Avenida Batfquitos 3. Avenida Batiquitos and Carlsbad Boulevard 4. Avenida Batiquitoe and Ponto Drive 5. La Costa Avenue and f-5 Intersections both northbound and southbound.
(The above mentioned traffic signals shall be installed when directed by the City Engineer). Carlebad Boulevard/Avenida Batiquitoe as shown on the tentative map, including offeite transitions pursuant to any City/Developer agreement for the proposed landswap.
Sewer mains to serve this subdivision Public water distribution system as shown on the tentative map.
The westerly 16' water main connecting the 12. intertie
main and 16. main proposed with Unit No. 1.
All stormdrain pipes and appurtenances. Provide for master planned stormdrain pipe from
northwest corner of Phase II to the proposed 54. S. D.
in Ponto Drive.
The 54. stormdrain as required by the Carlsbad Master
Drainage Plan. The permanent deeiltation basins as shown on the tentative map.
A reimbursement agreement may be requested by the developer
for the 54 inch storm drain and desiltation basin. The
reimbursement agreement must be approved prior to approval of the final map. The reimbursement shall be limited to the cost of construction of the storm drain facilities in excess of those facilities required for the project site only as may
be determined by the City Engineer and set by City Council.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water
agencies regarding services to the project.
Improvemente listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first.
Additional signals along Windroee Circle may be required by
the City Engineer if he determines that such additions are necessary to ensure safe pedestrian and/or bicycle circulation. Implementation and costs of these signals shall
be borne by the Educational Institute.
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Should the realignment of Carlsbad Boulevard and the sale of
surplus property not be finalized prior to final map approval for this subdivision (unit II), the developer shall be responsible for the following improvements unless otherwise indicated by a detailed traffic study and approved by the City Engineer:
al Construct Avenida Batiquitos to secondary arterial
standards.
b) Provide for dual on and off ramps onto Carlebad Boulevard from Avenida Batiquitoe for both north and southbound traffic.
cl Construct fully actuated traffic signals at both, the
Avenida Batiquitoe/Carlebad Boulevard on/off ramps.
d) Provide for the construction of Carlebad Boulevard along the frontage of this project, including offeite transitions as a full width major arterial.
Reimbursement agreements may be requested by the developer
for the La Costa Avenue traffic signal and widening
improvements. Prior to final map approval, the developer may submit to and receive approval of specific reimbursement agreements for the eignalization and channelitation at the La Costa Avenue and I-5 intersection. No reimbursement shall be granted if it is determined by the City Council that these improvements are necessary for the project.
This approval shall include conditions and mitigation measures of the Local Facilities Management Program for Zone 9.. All requirements shall be designed and guaranteed per
Condition No. 51 prior to final map approval.
Before and as a condition of obtaining a final map, or final
development permit or site plan approval under Title 21 of the Carlebad Municipal Code, the subdivider shall enter into
a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district in the area of this project.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is located.
(A note reflecting a. and b. shall be placed on the
final map.)
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map.
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The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street
system. The developer shall place a plaque-type sign with the legend, .PRIVATE STREET BEYOND THIS POINT', at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
The developer shall install street lights along all'public and private street frontages in conformance with City of Carlsbad Standards (including Carlsbad Boulevard).
The developer shall install street trees at the equivalent of
IO-foot intervals along all public and private street frontages in conformance with this project. The trees shall be of a variety selected from the approved Street Tree,List.
The developer shall install sidewalks along all public and
private street frontages in conformance with this project prior to occupancy of any buildinga.
The developer shall install a wheelchair ramp at-all public
and private street corners of this subdivision in conformance with City of Carlsbad Standards prior to occupancy of any
buildings.
Plans, specifications, and supporting documents for the parking structures and access for all parking areas within this subdivision shall be prepared to the satisfaction of the City Engineer prior to issuance of any building permits.
The design of all private streets, sewer systems including pump station and force main, and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural rection of all private streets shall conform to City of Carlsbad Standards based on
R-value tests. ~11 private streets and drainage systems
shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to
approval of the final map for this project.
The developer shall provide an acceptable means for maintaining the easements an landscaped medians within the subdivision and all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities located
therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the units within the
subdivision.
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~11 concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned
lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC6R's.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted ‘No Parking/Fire Lane TOW Away Zone. pursuant to Section 17.04.040, Carlsbad Municipal
Code.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units, unless specifically approved by agencies.
Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California
State Administrative Code. Of fsite future reclaimed water distribution systems should br anticipated by the installation of adequately sized sleeves at crossing points to minimi2e street excavation.
Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquistion of title or interest. The subdivider shall
conform to Section 20.16.095 of the Carlsbad Municipal Code.
All plans, specifications, and aupporting documents for the
improvements of this ,project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a
review only and does not relieve me, as Engineer of Work, of
my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address8
city, St.: .
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. 4
The developer shall provide the City with a reproducible mylar copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to improvement plan submittal and shall be 24. x 36. in size and of a quality and material satisfactory to the City Engineer.
Prior to recordation of any final map for this development
approval of any grading or building permits.for this project, the owner shall give written consent to the annexation of the
area shown within the boundaries of the tentative map into
the existing City of Carlsbad Street Lighting and Landscaping
District No. 1.
Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested .by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension,
the City Council may impose new conditions and may revise existing conditions.
Parks and Recreation Department Conditions:
78) Prior to final map approval, final median designs and plantings shall be subject to the approval of the Director of
Parks and Recreation.
79) Prior to final map approval, specific plant selections shall be subject to ,the approval of the Director of Parks and Recreation and may vary from the plants listed on the conceptual landscape plan.
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80) Prior to occupancy of any structure within the Master
Planned project, the applicant and the City shall ater into a parks agreement so that land for park purposes can be dedicated upfront to bring the City up to standard for
community parks in this district based upon current population levels.
Fire Conditions:
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Prior to the issuance of building permits, complete building
plans shakl be submitted to and approved by the Fire Department.
Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials
being located on the project site.
Proposed security gate systems shall be provided with "Knox. key operated override switch, as rpecified by the Fire De-
partment.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Eire Department for .
approval prior to construction.
All non-residential buildings shall be provided with an automatic fire sprinkler system, to be approved by the Fire Marshal. All residential buildings shall also be provided with an automatic sprinkler system unless the City's proposed fire station at Buttercup Lane is already constructed and
operating. At that time, the applicant shall contact the Fire Marshal for a determination on whether residential structures shall be exempted from this requirement.
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Planning
the 25th
ATTEST2
PASSED, APPROVED AND ADOPTED at a regular meeting of the
commission of the City of Carlabad, California, held on
day of June, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McB&ne, Marcus, McFadden, Schramm, Holmes & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CLARBNCE S&iLtHUBER,' Chairman CARLSBAD PLANNSNG COMMISBXON
WICHABL J. ROLZMILLER PLANNING DIRECTOR
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A
RESOLUTION NO. 8771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 85-15 TO ALLOW CONSTRUCTION OF SIX EDUCATIONAL INSTITUTE BUILDINGS, TWO OFFICE BUILDINGS, THREE RESEARCH AND DEVELOP-
MENT BUILDINGS AND PARKING SPACES WITHIN PLANNING
AREA "A" OF THE BATIQUITOS LAGOON EDUCATIONAL PARK
MASTER PLAN GENERALLY LOCATED ON THE INTERIOR OF WINDROSE CIRCLE JUST NORTH OF BATIQUITOS LAGOON
(Phase II of MP-175) APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NO: SDP 85-15
WHEREAS on June 25, 1986, the Carlsbad Planning
Commission adopted Resolution No. 2556 approving SDP 85-15; and
WHEREAS, the City Council of the City of Carlsbad, on
August 12, 1986 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Site Development Plan No. 85-15; and
WHEREAS, the environmental review for said site
development plan was certified for MP-175 in 1985, a Negative
Declaration for phases II and III was filed by the Planning,
Director on June 25, 1986 in compliance with the requirements of
the City of Carlsbad Environmental Protection Ordinance of 1980
and the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2556 constitute the findings of the City Council
in this matter.
C. That Site Development Plan No. 85-15 together with
the provisions for
conditions of this
general and specif
its design and improvement and subject to the
resolution, is consistent with all applicable
'ic plans of the City of Carlsbad.
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D. That Site Development Plan No. 85-15 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2556, dated June
5 25, 1986 marked Exhibit A, attached hereto and made a part
6 hereof, with the exception of the following:
7 1. Condition No. 5 is amended to read as follows:
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" 5 . Developer shall dedicate or improve park land pursuant to the parks agreement entered into between the City an the developer. The agreement shall be performed before approval of the final map for any portion of this tentative map."
2. Condition No. 75 has been deleted.
11 3. Conditions No. 84, 85, 86, 87, and 88 have been
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2 added to read as follows:
: 2 13 $5 2 84. The student housing (100 units) shown in Exhibits
g-gz$ 14 "A" - "UU" are specifically not approved. A conditional use
5 ;$$ 15
permit pursuant to Chapter 21.42 of the Carlsbad Municipal Code
shall be processed for this portion of area G which may allow a
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maximum of 456 dormitory-type student housing units.
zo7y 85. A maximum of 21 of the 456 dormitory units may
55 2 17 have kitchen facilities. These units will be considered as
E 0 residential units in terms of payment of any applicable fees to
5 18 the City of Carlsbad and relative to any City adopted growth
management program or initiative approved by the citizens of
19 I Carlsbad.
20 86. Parking for the single-bed dormitory units in area G shall be at a minimum of .8 spaces per unit. "Married" or
21 kitchen units shall be at a ratio of 1 space per unit. Thirty-
five percent of the required parking may be reduced to compact
22 parking standards (8 l/2' x 15').
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87. Student dormitory housing units shall only be occupied by students and staff attending onsite educational institutions. During major school vacation periods the
dormitory units may be utilized for summer school students, or
by legitimate continuing education programs, or by those attending conferences at the BLEP Conference Center providing
that all hotel rooms are full in Phase III. The intent of this condition is to prohibit the use of the dormitory units as a low cost hotel which could take business from legitimate hotels located in Carlsbad.
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1 88. A cafeteria/student food service building may be permitted in area G. The cafeteria shall only be utilized by
2 those occupying the student housing units."
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
26th day of August , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
c d- &Lah-
MARY H.&ASLER, Mayor
ATTEST: ' I
A AmTHA L. RAU!t'E
. - EXHIBIT # .
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PLANNING COMMISSION RESOLUTION NO. 2556
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
NO. 85-15, TO ALLOW CONSTRUCTION OF SIX EDUCATIONAL INSTITUTE BUILDINGS (135,900 SQ. FT.), TWO OFFICE BUILDINGS (135,800 SQ. FT.), THREE RESEARCH AND DEVELOPMENT BUILDINGS (192,500 SQ. FT.) AND 1,312 PARKING SPACES, WITHIN PLANNING AREA “A’ OF THE BATIQUITOS LAGOON EDUCATIONAL PARR RASTER PLAN GENERALLY LOCATED ON THE INTERIOR OF WINDROSE CIRCLE JUST NORTH OF BATIQUITOS LAGOON (Phase II of MP-175).
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO: SDP 85-15
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
code, the Planning Commission did, on the 25th day of June, 1986,
consider said request on property described as;
A portion of Lots 1 through 4 inclusive of Parcel Map No.
136S3, in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County
Recorder of San Diego County, January 31, 1985 as Ftle
No. 85-033316 of Official Records;
WHEREAS, at said hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to Site
Development Plan No. 85-15.
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 SDP 85-15, based on the following
findings and subject to the following conditions:
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Findings:
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PC
The profkt is consistent with the City's General Plan since the proposed density of 13.2 du's/acre is within the density range of 8-15 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan and that the other uses proposed are consistent with the General Plan for the site.
The project as proposed is conaiatent with Master Plan MP-175 because the densities and uses proposed are permitted in the
Master Plan which implements the P-C zone.
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 pro- posed.
The project is consistent with all City public facility pol- icies And ordinances Since:
a)
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The Planning Commission has, by inclusion of an Appropriate condition to this project, ensured that the final mop will not be approved unless the City Council finds that sewer service is Available to serve the
project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits Amy not be issued for the project' unless the City Engineer determines that sewer service is Available, And building.cannot occur within the project UnleSS sewer Service remains available, And the Planning Comriaaion is satisfied that the requirements of the Public Facilities Element of the General Plan and the proposed Growth Management Ordinance have been met insofar
as they apply to sewer service for this project. '
The Carlabad School District has written a letter, dated
September 10, 1985, stating that school facilities will be
available to this project.
Park land dedication or fees or park improvements in lieu
of, arm required as A condition of approval.
All necessary public improvements have been provided or
will be required as conditions of approval.
The Applicant hA8 Agreed And is required by the inclusion of An appropriate condition to pay a public facilities
fee. The applicant has also Agreed by condition to pay
all Growth Management Fees, Performance of those
contracts and payment of the fees will enable this body to find that public facilities will be available concurrent with need AS required by the General Plan.
NO. 2556 -20 GC
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5)
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f) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design
Guidelinea Manual.
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for reaidentiAl private school, recreation commercial or travel service commercial development on the General Plan.
This project will not cause any significant environmental impacts and A Negative Declaration has been issued by the
Planning Director on April 23, 1986 And approved by the
Planning Commiaaion on June 25, 1986.
This project requires the construction of the'improvements or fAcilitiea listed in the conditions of approval or the payment of fees in lieu of construction. This project
creates a direct need for the improvementa or fAcilitfea identified in the Master Plan. This project will provide all of the facilftiea and services needed in Phase II of the
Master Plan. If the improvements or facilities are not provided, the project will create an unmitigated burden on existing inprovementa and facilftfea. Further, the
improvementa and facilities are necessary to provide safe,
adequate and Appropriate service to future residents of the project consistent with City goals, policies and plans.
The applicant is by condition, required to pay any development fees And hA8 Agreed to abide by any AdditiOnAl requirements established by the City of Carlsbad pursuant to Chapter 21.90 of the Carlabad MUniCfpAl Code or any other applicable laws, in order to implement And comply with the City's Growth Management System. This will ensure continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
Conditionar
1) Prior to issuance of building permits for this project, the AppliCAnt shall record A final map for Phase II. Approval is
granted for SDP 85-15, as shown on Exhibits l Am - .UUg ,
dated April 29, 1986, incorporated by reference and on file
in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that the
final map shall not be Approved unless the City Council finds
as of the time of such approval that sewer service is available to serve the aubdiviaion.
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This pro.ject is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map.
This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City .Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlabad Municipal Code to implement the growth management system and to fulfil1 the subdivider's agreement to pay the public facilities fee dated July 9, 1986 a copy o! which is on file with the City Clerk and is incorporated by this reference and to fulfil1 the requirements of the agreement to pay fees for facilities and improvements as required by the Growth Management System. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void.
Developer shall dedicate park land pursuant to the parka agreement entered into between the City and the developer. The agreement shall be executed before the final map for any portion of this tentative map.
The applicant shall provide school fees to mitigate
conditions of overcrowding as part of building permit
application. These fees shall be baaed on the fee schedule
in effect at the time of building permit application.
The applicant shall comply with all provisions of the Carlabad Municipal Code Section 21.90.030(g) (Growth
Management System). No residential building permits shall bc
issued until all Growth Management plans have been prepared
to the satisfaction of the City Council.
Approval of this request shall not excuse compliance with the
Batiquitoa Lagoon Educational Park Master Plan, all sections
of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Watei Service agreement between the City of Carlsbad and the Costa Real Water District, dated MAY 25, 1983.
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10) Before th.ia project is reviewed by the City Council, the
applicant shall execute the agreement to pay the fees for facilities and improvements as required by the Growth Management System and any other agreement required by
Municipal code Section 21.90.030(g).
Planning Conditions:
11)
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1.4,
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The applicant shall prepare A 24"x36" reproducible mylar of
the final site plan incorporating tha conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building permits.
The Applicant shall eatAbliah a Master Educational Park AaaociAtion for PhASe II and corresponding covenants, conditions and reatrictiona. Said CC&R's Shall be submitted to and approved by the Planning Director prior to final map Approval.
The applicant shall prepare a detailed landscape and frriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
All parking lot trees shall be A minimum of 15 gallons in
size.
All landscaped areas shall be maintained in A healthy and
thriving condition, free from weeds, trash, and debris. .
Any signs proposed for this development shall be designed in
conformance with the 'sign program outlined in the Batiquitoa Lagoon Educational Park Master Plan And shall require review and Approval of the Planning Director prior to inatallation
of such signs.
Trash receptacle areas shall be enclosed by A six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles Shall be Approved by the Planning Director.
All roof appurtenances, including air conditioners, shall be ArChitOCtUrAlly integrated and concealed from view and the sound buffered from Adjacent properties And streets, pursuant to Building DOpArtmOnt Policy No. 80-6, to the satisfaction of the Directors of Building and Planning.
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The project shall provide bus atop facilities at locations subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench,
free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District.
All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing bchoola, parka, and streets.
Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible from the street or access road; color of identification And/Or Addreaaea shall contrast to their background color.
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 65913.5. If Any such condition is determined to be invalid this approval shall be invalid
unless the City Council determinea that the project without
the condition complies with all requirements of law.
During grading a two phased program shall be undertaken to
avoid possible ~aigniffcant impacts on paleontological
reaourcea.
A) PhASO 1 Shall consist of a qualified paleontologist doing a literature and records SOArCh, surface study, subsurface testing if necessary, the recordation of any sites, and a recommendation regarding the need for . further work.
B) If it is determined during Phase 1 that further work is
necessary it shall consist of the following:
1) A qualified paleontological monitor shall be present
at a pregrading conference with the developer, grading contractor, and the environmental review
coordinator. The purpose of this meeting will be to consult And coordinate the role of the paleontologist in the grading of the site. A quAliffed
paleontologist is an individual with Adequate knowledge and experience with foaaflfzed remains likely to be present to identify them in the field and is Adequately experienced to remove the resources
for further study.
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.2) A.pAleontologiat or designate shall be present during those relative phases of grading as determined at the pregrading conference. The monitor shall have the
authority to temporarily direct, divert or halt
grading to Allow recovery of fossil remains (primarily marine mammals). At the discretion of the
monitor, recovery may include washing and picking of
soil samples for microvertebrate bone and teeth.
The developer shall authoriae the deposit of any resources found on the project site in an inatitution staffed by qualified paleontologists as
may be determined by the Planning Director. The
contractor shall be aware of the random nature of fossil occurrences and the poaaibility of a discovery of remains of such scientific and/or educational importance which might warrant a long term salvage OpOrAtiOn or preservation.~ Any conflicts regarding the role of the pAleontologiat And/Or recovery times shall be resolved by the Planning Director.
All development upon this property Shall have to comply with the general and specific development standards And the public fAcilitiea phasing requirementa of the BAtiqUitOS Lagoon Educational Park Master Plan and Public Facilities Phasing Program.
Building permits shall not be issued for two buildinga to be determined by the Planning Director, within Planning Area
.A., PhASd II, until after structures within Planning Area A-
l of Phase I, are constructed and operating to the
satisfaction of the Planning Director. At that time a parking study will be conducted to determine the adequacy of the existing parking. In Addition, the law school and other
'school buildinga in Phase I will Also be evaluated relative to their degree of aucceaa in operAtion as the primary uses within this planning area.
This proposed project, SDP 8S-15, Shall comply with all of
the specific conditions of Local Coastal Program Permit No. 6-85-482.
The fifty-five foot high fly loft proposed as part of Building I-7 within Planning Area ‘Am is specifically not approved as part of this application. This portion of the
building shall either be redesigned to reduce its height to
a maximum of 35 feet or the project applicant shall be required to process A Master Plan Amendment for this height
request.
All buildings approved with this application shall be constructed with as much consistency as possible with these architectural elevations. Any reviaiona to those approved
elevations shall require the approval of the Planning Director. . CQ PC RESO NO. 2556 -70
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Prior to the issuance of building permits, the applicant
shall be required to submit elevations and parking level plans for all parking structures. These elevations and floor plans shall be subject to review and approval by the Planning
Director and the City Engineer.
Prior to final map approval, the project applicant shall be required to submit landscaping and irrigation plans for all parking structures. The top level of each parking structure shall be landscaped to include some trees along its center aisles. These plans shall be subject to the approval of the Planning D,irector and the City Engineer.
The project applicant shall be required to pay to the State Coastal Conservancy an agricultural conversion mitigation fee of between $5,000 and $10,000 per acre prior to final map approval. The specific fee amount per acre shall be decided upon by the City Council, and shall apply to the
proposed conversion of 100 acres of non-prime.agricultural
lands located upon the subject Master Planned property.
The recreation area for Area F shall include a six foot high solid sound wall on the north side. The hours of operation for this recreation area shall be limited to between 8800
a .a. and 10:00 p.m.
Engineering Conditions:
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No grading permits shall be issued for this project prior to recordation of the final map, unless this condition is waived by the Community Development Director.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad- ing. by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
Upon completion of grading, the developer shall ensure that an *as-graded. geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con-
tour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geolog*st. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
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No grading shall occur outside the limits of the project
unless a'letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, rise and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding iD amounts and types
suitable to the City Engineer.
Additional drainage easements and drainage structures shall
be provided or installed as may be required by the City Engi-
neer.
The developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards
as required by the City Engineer.
The developer shall construct desiltation/detention basins of a type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of any grading or building permit for this project. Each
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desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement
shall apply to any offsite borrow sites which may be utilized
in the construction of this project as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding diainage across the adjacent property prior to approval of any grading or building permit
for this project.
The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by a Certificate on the Final Map for this project or in the absense of final map, by separate document. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. Streets that are already public,are not required to be
rededicated.
Direct access rights for all lot8 abutting Avenida Encinas, Windrose Circle and Avenida Batiquitos (except specific openings as shown on the tentative map/site plan) shall be waived.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the City Engineer. Prior to the issuance of building permits,
the Subdivider shall install, or agree to install and secure
with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to
City Standards to the.satisfaction of the City Engineer:
A) All improvements identified in the Citywide or local facilities plans pursuant to Chapter 21.90 of the Carlsbad Municipal Code. B) Windrose Circle (all portions full width to complete the
circle. cl Avenida Bncfnas from its existing terminus to Windrose Circle. (Full width.1
D) Avenida Batiquitos from Windrose Circle to Carlsbad
Boulevard. (Full width.)
B) Avenida Batfquitos bridge and appurtenances over AT6SF
Railway.
F) Fully actuated traffic signals at:
1. Avenida Encinas and Windrose Circle
2. Windrose Circle and Avenida Batiquitos 3. Avenida Batiquitos and Carlsbad Boulevard
4. Avenida Batiquitos and Ponto Drive
5. La Costa Avenue and I-5 Intersections both
northbound and southbound.
(The above mentioned traffic signals shall be installed when directed by the City Engineer).
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The interim intersection of Carlsbad Boulevard and
Avenida Batiquitos arterial intersection (see Condition
No. 57). Carlsbad Boulevard/Avenida Batiquitos as shown on the tentative map, including offsite transitions pursuant to any City/Developer agreement for the proposed landswap. Sewer mains to serve this subdivision
Public water distribution system as shown on the
tentative map.
The westerly 16' water main connecting the 12. intertie
main and 16. main proposed with Unit No. 1. ~11 stormdrain pipes and appurtenances. Provide for master planned stormdrain pipe from northwest corner of Phase If to the proposed 54" S. D. in Ponto Drive. The 54' stormdrain as required by the Carlsbad Master
Drainage Plan. The permanent desiltation basins as shown on the tentative map.
A reimbursement agreement may be requested by the developer
for the 54 inch storm drain and desiltation basin. The reimbursement agreement must be approved prior to approval of the final map. The reimbursement shall be limited to the cost of construction of the storm drain facilities in excess of those facilities required for the project site only as may be determined by the City Engineer and set by the City
Council.
Improvements listed above shall be construdted within 12 months of final map approval and/or improvement plan
approval, whichever occurs first.
Should the proposed realignment/assessment district of
Carlsbad Boulevard, Poinsettia Lane, etc., not be approved prior to final map approval or issuance of building permits
for this project (Unit II), the developer shall be responsible for the following improvements: Carlsbad Boulevard intersection with Avenida Batfquitos, including northbound and southbound lane widening8 (4) of Carlsbad
Boulevard.
a) Construct Avenida Batiquitos to secondary arterial standards.
b) Provide for dual on and off ramps onto Carlsbad Boulevard from Avenida Batiquitos for both north and southbound traffic. cl Construct fully actuated traffic signals at both the Avenida Batiquitos/Carlsbad Boulevard on/off ramps.
d) Provide for the construction of Carlsbad Boulevard along the frontage of this project, including offsite transitions as-.a full width major arterial.
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Reimbursement agreements may be requested by the developer for the La Costa Avenue traffic signals and widening
improvements. Prior to final map approval or issuance of
building permits, the developer shall submit to and receive approval of specific reimbursement agreements and the percentage of developer's responsibility for each item to be reimbursed. Reimbursement shall be established by Benefit District and paid by future development. No reimbursement will be granted if it is determined by the City Engineer that these improvements are necessary for this project.
This approtal shall include conditions and mitigation measures of the Local Facilities Management Program for Zone
9,. All requirements shall be designed and guaranteed per Condition No. 44 prior to final map approval, or issuance of building permits.
Before and as a condition of obtaining a final map, or final development permit or site plan.approval under Title 21 of
the Carlsbad Municipal Code, the subdivider shall enter into
a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in interest to the following:
al Not opposing and consenting to the formation of a bridge
and major thoroughfare district in the area of this project.
b) Payment of the bridge and major thoroughfare fee for the area of the district in .which this development is
located.
Unless a standard variance has been issued, no variance from tentative map/site plan.
The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT", at the access point to private streets from public streets. The script on
the sign shown above shall be capital letters of a size and
contrast such as to be readable for a normally sighted person
at a distance of 20 feet. The provisions of this condition
shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards (including Carlsbad Boulevard).
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The developer shall install street trees at the equivalent of IO-foot intervals along all public and private street frontages in conformance with this project. The trees shall be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public and
private street frontages in conformance with this project prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at all public and private street corners of this subdivision in conformance with City'of Carlsbad Standards prior to occupancy of any buildings.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
The design of all private streets sewer system including pump station and force main, and drainage systems shall be
approved by the City Engineer prior to issuance of any
grading or building permit for this project. 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, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project.
The developer shall provide an acceptable means for maintaining the easements and landscaped medians within the subdivision and all the private streets, sidewalks, street
lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the
subdivision.
~11 concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CCLR's.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted -No Parking/Fire Lane Tow
Away Zone. pursuant to Section 17.04.040, Carlsbad Municipal
Code.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
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Irrigation systems to accommodate future reclaimed water shall be -designed consistent with Title 17 of the California state Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation.
Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquistion of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. E,ach sheet shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLB CHARGE.
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project deaign.
(Name, Address and Telephone of Engineering firm)
Firm:
Address8
city, st.t
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. t
The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to
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the City Engineer prior to improvement plan submittal and shall be 24' x 36' in size and of a quality and material satisfactory to the City Engineer.
Prior to approval of any grading or building permits for this project, the owner shall give written consent to the
annexation of the area shown within the boundaries of the
site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension,
the city Council may impose new conditions and may revise
existing conditions.
Parks and Recreation Department Conditions:
73) Prior to final map approval, final median designs and plantings shall be subject to the approval of the Director of
Parks and Recreation.
7i) Prior to final map approval, specific plant selections shall
be subject to the approval of the Director of Parks and Recreation and may vary from the plants listed on the conceptual landscape plan.
75) Prior to occupancy of any structure within the Master Planned project, the applicant and the City shall enter into a parks agreement so that land' for park purposes can be dedicated up front to bring the City up to standard for community parks in this district based upon current
‘population levels.
Fire Department Condi.tionst
76) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
77) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
78) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
79) An all-weather access road shall be maintained throughout construction.
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shall be operational prior to combustible building materials
being located on the project site.
Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De-
partment.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for
approval prior to construction.
All non-residential buildings shall be provided with* an automatic fire sprinkler system, to be approved by the Fire Marshal. All residential buildings shall also be provided with an automatic sprinkler system unless the City's proposed fire station at Buttercup Lane is already constructed and operating. At that time, the applicant shall contact the Fire Marshal for a determination on whether residential structures shall be exempted from this requirement.
PASSED, APPROVED AND ADOPTBD at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 25th day of June, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Schramm, Holmes 6 Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CLARENCE SCRLEAUBER, Chairman CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RESO NO. 2556 -16- &-
RESOLUTION NO. 8772 1
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 13 LOT TENTATIVE
3 TRACT MAP (CT 85-38) AND A NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-96) ON PROPERTY GENERALLY
4 LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD AND THE AT&SF RAILWAY
5 (Phase III of MP-175) APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
6 CASE NO: CT 85-38/PUD-96.
7 WHEREAS, on June 25, 1986 the Carlsbad Planning
a Commission adopted Resolution MO. 2557 recommending to the City
9 Council that Tentative Tract Map (CT 85-38) and Planned Unit
10 Development (PUD-96) be approved; and
11 WHEREAS, the City Council of the City of Carlsbad, on
August 12, 1986 held a public hearing to consider the recommenda-
tions and heard all persons interested in or opposed to Tentative
Tract Map (CT 85-38) and Planned Unit Development (PUD-96); and
WHEREAS, the environmental review for said tentative map
was certified for MP-175 in 1985, a Negative Declaration for
Phases II and III was filed by the Planning Director on June 25,
1986 in compliance with the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1980 and the California
Environmental Quality Act:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
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23 * Resolution No. 2557 constitute the findings of the City Council
24 in this matter.
25 c. That said Tentative Tract Map, together with the
26 provisions for its design and improvement and subject to the
27 conditions of this resolution, is consistent with all applicable
28 general and specific plans of the City of Carlsbad.
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D. That Tentative Tract Map CT 85-38 and Planned Unit
Development PUD-96 are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commission
Resolution No. 2557 dated June 25, 1986 marked Exhibit A
attached hereto and made a part hereof, with the exception of th
following:
1. Condition No. 5 is amended to read as follows:
" 5 . Developer shall dedicate or improve park land
pursuant to the parks agreement entered into between the City an
the developer. The agreement shall be performed before approval
of the final map for any portion of this tentative'map."
2. Condition No. 84 has been deleted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
26th day of August , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ATTEST:
ABSENT: None
MARY H. ASDER, Mayor
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EXHIEIIT A
PLANNING COMMISSION RESOLUTION NO. 2557
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 13 LOT TENTATIVE TRACT MAP AND A
NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON
PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD
AND THE AT&SF RAILWAY (Phase III of MP-175).
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NOr CT 85-38/PUD-96
WHEREAS, a verified application for certain property, to
wit:
A subdivision of Lota 1, 2 and 3 of Carlsbad Tract 82-18 (Batiquito8 Pointe), in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 11290, filed in the Office of the County Recorder of
San Diego County, July 16, 1985,
has been filed with the City of Carlabad, and referred to the
Planning Comaisaion; and
WBEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal,Code; and
WBEREAS, the Planning Commission did, on the 25th day of
June, 1986, hold a duly noticed public hearing as prescribed by lab
to consider said request; and
WBBREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, TBBREFORE, BB IT HBRBBY RESOLVED by the Planning
Commission aa follow:
A) That the above recitations are true an,d correct.
B) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of CT 85-38/PUD-96,
based on the following findings and subject to the following conditions:
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C
Findings;
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The proposed commercial development is consistent with the
Neighborhood Commercial and Travel Service Commercial
designations as indicated on the Land Use Element of the
General Plan.
The project is consistent with Master Plan MP-175 because the uses and densities proposed are provided for in MP-175.
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 pro-
posed.
The project is consistent with all City public facility pol- icies and ordinances since:
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PC RESO
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The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added
condition that a note shall be placed on the final map
that building permits may not be issued for the project
unless the City Engineer determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
Public Facilities Element of the General Plan and the proposed Growth Management Ordinance have been met insofa:
as they apply to-sewer service for this project.
The Carlsbad School District has written a letter, dated
SeptembeLlO, 1985, stating that school facilities will bl
available to this project.
Park land dedication or fees or park improvements in lieu
of, are required as a condition of approval.
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee. The applicant has also agreed by condition to pay all Growth Management Fees. Performance of those
contracts and payment of the fees will enable this body t find that public LacFlities will be available concurrent
with need as required by the General Plan.
NO. 2557 -2- 3 ik
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f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlabad.
The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design
Guidelines Manual.
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential private school, recreation commercial or travel service commercial development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the
Planning Director on April 23, 1986 and approved by the
Planning Commission on June 25, 1986.
This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities identified in the Master Plan. This project will provide all of the facilities and services needed in Phase II of the Master Plan,
If the improvements or facilities are not provided, the
project will create an unmitigated burden on existing
improvements and facilities. Further, the improvements and
facilities are necessary to provide safe, adequate and appropriate service to future residents of the project
consistent with City goals, policies and plans.
The applicant is by condition, required to pay any development
fees and has agreed to abide by any additional requirements established by the City of Carlsbad pursuant to Chapter 21.90
of the Carlsbad Municipal Code or any other applicable laws, in order to implement and comply with the City's Growth
Management System. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts
created by the project.
Conditions:
1) Approval is granted for CT 85-38/PUD-96, as shown on Exhibits "A. - 8x8, dated April 29, 1986, incorporated by reference and on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is
available to serve'the subdivision.
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This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final map.
This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code to implement the growth management
system and to fulfil1 the subdivider's agreement to pay the
public facilities fee dated July 9, 1986 a copy of which is on
file with the City Clerk and is incorporated by this reference
and to fulfil1 the requirements of the'agreement to pay fees
for facilities and improvements as required by the Growth Management System. If the fees are not paid this application will not be consistent with the General Plan and approval for
this project shall be void.
Developer shall dedicate park land pursuant to the parks agreement entered into between the City and the developer. The agreement shall be executed before the final map for any
portion of this tentative map.
The applicant shall provide school fees to mitigate conditions, of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
The applicant shall comply with all provisions of the Carlsbad Municipal Code Section 21.90.030(g) (Growth
Management System). No residential building permits shall be
issued until all Growth Management plans have been prepared
to the satisfaction of the City Council.
Approval of this request shall not excuse compliance with the Batiquitos Lagoon Educational Park Master Plan, all sections
of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
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10) Before this project is reviewed by the City Council, the
applicant shall execute the agreement to pay the fees for I facilities and improvements as required by the Growth Management Syntem and any other agreement required by Municipal Code Section 21.90.030(g).
Planning Department;
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The applicant shall.preparc a 24"x36" reproducible mylar of the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of buil.ding permits, or submittal of final map, grading plan, or improvement plans.
The applicant shall establish a Master Educational Park Association for Phase III and corresponding covenants, conditiona and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map
approval.
The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of grading or buildin permits, whichever occurs first.
A 500' scale map of the subdivision shall be submitted to the
Planning Director prior to the recordation.of the final map.
Said map shall show all lots and streets within and adjacent to the project.
All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the sign program outlined in the Batiquitos Lagoon Educational Park Master Plan and shall require review and approval of the Planning Director prior to installation o
such signs.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Planning
Director.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
sound buffered froin adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction 0 the Directors of Planning and Building.
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The applicant 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.
The project shall provide bus atop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop' sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District.
Building identification and/or addresses shall be placed on
all new and existing buildinga so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color.
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 65913.5. 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.
During grading a two phased program shall be undertaken to avoid possible significant impacts on paleontological resources.
A) Phase 1 shall consist of a qualified paleontologist doing a literature and records search, surface study,
subsurface testing if necessary, the recordation of any
sitar, and a recommendation regarding the need for .
further work.
B) If it is determined during Phase 1 that further work is necessary it shall consist of the following:
1) A qualified paleontological monitor shall be present at a pregrading conference with the developer, grading contractor, and the environ- mental review coordinator. The purpose of this meeting will be to consult and coordinate the role
of the paleontologist in the grading of the site.
A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study.
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2) A paleontologist or designate shall be present during those relative phases of grading as determined at the pregrading conference. The monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of foaail remains (primarily marine mammals). At the discretion of the monitor, recovery may include washing and picking of soil samples for microvertebrate bone and teeth. The developer shall puthorize the deposit of any resources found on the project site in an inatitution staffed by qualified paleontologiats as may be determined by the Planning Director. The contractor shall be aware of the random nature of fossil occurrences and the poaaibility of a discovery of remains of such scientific and/or educational importance which might warrant a long term salvage operation or preservation. Any conflicts regarding the role of the paleontologiat and/or recovery times shall be
resolved by the Planning Director.
Approval of Tentative Tract No. CT 85-38 is granted subject
to the approval of non-reaidential Planned Unit Development
No. 96.
Approval of SDP 85-19 shall run concurrently with the
approval of CT 85038/PUD-96.
The fifty-five foot high atrium proposed as part of Building
C-4 within Planning Area .Lw, is specifically not approved as
part of this application. This portion of the building shall
either be redeaigned to reduce its hefghth to a maximum of 35
feet or the project applicant shall be required to process a
Master Plan Amendment for this height var.iance request. .
Ten tennis courts located within the AT&SF Railroad right-of-
way are shown on the conceptual site plan for the Batiquitos
Lagoon Educational Park Master Plan (MP-175). These tennis
courts are specifically not approved as part of this
application. The applicant shall be required to submit a licensing agreement with the AT&SF Railway prior to the City processing any applications for these tennis courts. If and
when the applicant requests approval of these tennis courts,
they will have to go before the Planning Commission and City
Council with an application for a conditional use permit to
determine if these uses are appropriate in a railroad right-
of-way.
Building permits for Planning Area "M', Phase III, shall not be issued until construction has commenced in
Planning Areas "Be and .Cg of Phase I.
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The hotel units approved in Planning Area .R*, shall be
approved and operated exclusively as hotel units. If the project applicant intends to request that any of these units be used as time-share units, as allowed by Master Plan 175, a separate conditional use permit/major subdivision application
shall be required to be submitted for review by the Planning
Commission and City Council, along with any other
requirements of Section 21.42.010 of the Zoning Ordinance.
The project applicant shall be required to process a Master Plan amendment for Master Plan 175, in order to bring it
into conformance with Local Coastal Program Permit No. 6-85- 482 prior to final map approval.
All buildinga approved with this application shall be constructed with as much consistency as possible with these architectural elevations. Any revisions to those approved elevations shall require the approval of the Planning Director.
This proposed proj.ect CT 85-38/PUD-96 shall comply with all of the specific conditions of Local Coastal Program Permit No. 6-85-482.
Prior to the issuance of building permits, the applicant shall be required to submit elevations and parking level plans for all parking structures. These elevations and floor plans shall be subject to review and approval by the Planning Director and City Engineer.
Prior to final map approval, the project applicant shall be required to submit landscaping and irrigation plans for all parking structures. The top level of each parking structure shall be landscaped to include aome.trees along its center aialea. These plans shall be subject to the approval of.the Planning Director and City Engineer.
The project applicant shall be required to pay to the State Coastal Conservancy an agricultural conversion mitigation fee of between $5,000 and $10,000 per acre prior to final map approval. The specific fee amount per acre shall be
decided upon by the City Council, and shall apply to the
proposed conversion of 100 acres of non-prime agricultural
lands located upon the subject Master Planned property.
All water features shall be maintained as approved by the applicant. Maintenance raaponsibility may be transferred to the owner's association for Phase III.
Engineering Conditions
38) No- grading permits shall be issued for this subdivision prior to recordation of the final map, unless this condition is waived by the Cammunity Development Director.
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The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad - ing. by Section 11.06.170(a) of the Carlabad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responaibility it shall be to coordinate site inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the
Carlabad Municipal Code. ,
Upon completion of grading, the developer shall ensu,re that
an "as-graded' geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be baaed on a con-
tour map which represents both the pre.and post site grading. This plan shall be signed by both the soils engineer and the engineering geologiat. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent
r word.
No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and .a separate grading permit issued for the borrow or disposal site if located within the city limita.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materiala~to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirementa the City Engineer may impose
with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to prevent any offsite ailtation. The developer shall provide erosion control measures and shall construct temporary deailtation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved ,by the City Engineer. The developer shall maintain
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the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engi- neer.
The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as requ'ired by the City Engineer.
The developer shall construct deailtation/detention basins of
a type and size and at locations as approved by the City Engineer. The developer shall enter into a deafltation basin maintenance agreement and aubnit a maintenance bond satisfactory to the City Engineer prior to the approval of the final map for this project. Each deailtation basin shall be serviced by an all-weather access/maintenance road. The
provisions of this agreement shall apply to any offaite borrow sites which may be utilired in the construction of this project as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project.
The developer shall make an offer of dedication to the City
for all public streets and easements required by these
condition8 or shown on the tentative map. The offer shall be made prior to issuance of any building permit for this project or in the abaenae of final map, by separate document.
All land so offered shall be granted to the City free and clear of all liens and encumbrances and without coat to the city. Streets that are already public are not required to be
rededicated.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this
project.
The developer shall make an offer of dedication to the City
for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be
made prior to issuance of any building permit for this project. ~11 land.80 offered shall be granted to the City
free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
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Direct access rights for all lots abutting Avenida
Batiquitoa, Carlsbad Boulevard and Ponto Drive (except specific.openings as shown on the tentative map/site plan) shall be waived on the final map.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standarda'to the satisfaction of the City Engineer:
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All improvementa identified in the Citywide and local
facility and improvement plans required pursuant to Chapter 21.90 of the Carlabad Municipal Code. Windrose Circle (all portions full width to complete the
circle. Avenida Encinaa from its existing terminus to 'Windrose Circle. (Full width.) Avenida Batiquitoa from Windrose Circle to Carlsbad Boulevard. (Full width.) Avenida Batiquitos bridge and appurtenances over ATdSF Railway. Fully actuated traffic signals at:
1. Avenida Encinae and Windroae Circle
2. Windrose Circle and Avenida Batiquitos 3. Avenida Batiquitoa and Carlabad Boulevard
4. Avenida Batiquitoa and Ponto Drive.
5. La Costa Avenue and I-5 Intersections both northbound and southbound.
(The above mentioned traffic signals shall be installed when directed by the City Engineer).
The intersection of Carlabad Boulevard and Avenida Batiquitoa as a major arterial/secondary arterial intersection (see Condition No. 78). Widening and/or relocation of on and off ramps to Carlabad Boulevard (see Condition No. 55).
Sewer mains to serve this subdivision
Carlabad Boulevard as shown on the tentative map including offsite transitions pursuant to any City/Developer agreement for the proposed landswap.
Public water distribution system as shown on the tentative map. The westerly 16. water main connecting the 12" intertie main and 16' main proposed with Unit No. 1. All stormdrain pipea and appurtenances. The 54" stormdrain as required by the Carlsbad Master Drainage Plan. The permanent deailtation basins as shown on the tentative map.- Provide for the construction of the beach parking
f cility and frontage road as identified in the Master P!an for this project.
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A reimbursement agreement may be requested by the developer
for th 54 inch storm drain and desiltation basin. The
reimbursement agreement must be approved prior to approval of the final map. The reimbursement shall be limited to the coat of construction of the storm drain facilities in excess of those facilities required for the project site only as may be determined by the City Engineer and set by City Council.
Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first.
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
Reimbursement agreements may be requested by the developer
for the La Costa Avenue traffic signals and widening
improvementa. Prior to final map approval, the developer
shall'aubmit to and receive approval of specific
reimburaement agreements for the aignalfzation and channelization at the La Costa Avenue and I-5 intersection.
This approval shall include conditions and mitigation measures of the Local Facilities Management Program for Zone
9'. All requirements shall be designed and guaranteed per
Condition No. 46 prior to final map approval, or issuance of
building permits.
Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of the Carlabad Municipal Code, the subdivider shall enter into
a contract with the City whereby the subdivider covenants on behalf of the aubdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a
bridge and major thoroughfare district in the area of
this project.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is
located.
(A note reflecting a and b shall be placed on the final
map.)
Unless a standard variance has been issued, no variance from City standards is authorized by virtue of approval of this tentative map/site plan.
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The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street s yatem. The developer shall place a plaque-type sign with
the legend, "PRIVATE STREET BEYOND TBIS POINT', at the access
point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person
at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of
this project.
The developer shall install street lights along all public and private street frontages in conformance with City of Carlabad Standards (including Carlabad Boulevard).
The developer shall install street trees at the ekuivalent of
IO-foot intervals along all public and private street frontages in conformance with this project. The trees shall be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public and
private street frontages in conformance with this project prior to occupancy of any buildinga.
The developer shall install chainlink fence along Carlsbad Boulevard as required by the City Engineer.
The developer shall install a wheelchair ramp at all public and private street corners of this subdivision in conformance with City of Carlsbad Standards prior to occupancy of any buildinga.
Plans, apecificationa, and supporting documents for the .
parking structures and access for all parking areas within this aubdivision shall be prepared to the satisfaction of the City Engineer prior to issuance of any building permits.
The design of all private streets, sewer systems including
pump station and force main, and drainage systems shall be
approved by the City Engineer prior to approval of the final map for this project. The structural section of all private
streets shall conform to City of Carlsbad Standards based on R-value tests. ~11 private streets and drainage systems
shall be inspected by the City, and the standard improvement
plan check and inspection fees shall be paid prior to
approval of the final map for this project.
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The developer shall provide an acceptable means for
maintaining the easements and landscape medians within the subdivision and all the private streets, sidewalks, street
lights, storm drain facilities and sewer facilities located
therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the units within the subdivision. .
All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or
the individual property owner (if on an individually owned
lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone. pursuant to Section 17.04.040, Carlsbad Municipal
Code.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California State Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimise street excavation.
Some improvements shown on the tentative map and/or required
by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquistion of title or interest. The subdivider shall
conform to Section 20.16.095 of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following
certificate:
.DECLARATION OF RESPONSIBLE CBARGB”
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
review only and does not relieve me, as Engineer of Work, of my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
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city, St. t
Telephone;
BY Date:
(Name of Engineer)
R.C.E. NO. I,
The developer shall provide the City with a reproducible
mylar copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to improvement plan submittal and shall be 24” x 36’ in sise and of a quality and material
satisfactory to the City Engineer.
Prior to recordation of any final map for this development
approval of any grading or building permits for this project, the owner shall give written consent to the.annexation of the area shown within the boundaries of the tentative map into
the existing City of Carlsbad Street Lighting-and Landscaping
District No. 1.
Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise
existing conditions.
Should the realignment of Carlsbad Boulevard and Ponto Drive
not be approved, this project approval (Phase XII) shall be null and void. The applicant shall redesign this phase in
accordance with City standards in effect at the time of
reapplication.
Parks and Recreation Department Conditions:
82) Prior to final map approval, final median designs and
plantings shall be subject to the approval of the Director of
Parks and Recreation.
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Prior to final map approval, Specific plant selections shall
be.subject to the approval of the Director of Parks and
Recreation and may vary from the plants listed on the conceptual landscape plan.
Prior to occupancy of any structure within the Master Planned project, the applicant and the City shall enter into a parks agreement so that land for park purposes can be . dedicated upfront to bring the City up to standard for community parks in this district based upon current population levels.
Fire Department Conditions:
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Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
Additional public and/or onsite fire hydrants shail be
provided if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains an4 appurtenances shall be operational prior to combustible building materials being located on the project site.
Proposed security gate systems shall be provided with .Knox' key operated override switch, as specified by the Fire De- partment.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
All non-residential buildings shall be provided with an automatic fire sprinkler system to be approved by the Fire
Marshal. All residential buildings shall also be provided with an automatic sprinkler system unless the City's proposed new fire station at Buttercup Lane is already constructed and operating. At that time, the applicant shall contact the Fire Marshal for a determination on whether residential structures shall be exempted from this
requirement.
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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 25th day of June, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Schranun, Holmes 6 Hall.
NOES I None.
ABSENT: None.
ABSTAIN: None.
CLARENCE SCHLEEUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
PC RESO NO. 2557 -17-
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1 RESOLUTION NO. 8773
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SITE DEVELOPMENT PLAN 85-19 TO ALLOW CONSTRUCTION
OF A NEIGHBORHOOD COMMERCIAL CENTER WITH 44 APART-
MENT UNITS, A TOURIST COMMERCIAL CENTER, A 150 SUITE EXECUTIVE HOTEL WITH CONFERENCE CENTER AND
220 HOTEL ,SUITES ON PROPERTY GENERALLY LOCATED
IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD AND THE AT&SF RAILWAY
(Phase III of MP-175)
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NO: SDP 85-19
8 WHEREAS on June 25, 1986, the Carlsbad Planning
9 Commission adopted Resolution No. 2558 approving SDP 85-19; and
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WHEREAS, the City Council of the City of Carlsbad, on
August 12; 1986 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Site Development Plan No. 85-19; and
WHEREAS, the environmental review for said-site
development plan was certified for MP-175 in 1985, a Negative
Declaration for phases II and III was filed by the Planning
Director on June 25, 1986.in compliance with the requirements of
t the City of Carlsbad Environmental Protection Ordinance of 1980
and the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
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the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
23 B. That the findings of the Planning Commission in
24 Resolution No. 2558 constitute the findings of the City Council
in this matter.
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C. That Site Development Plan No. 85-19 together with
the provisions for its design and improvement and subject to the
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conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Site Development Plan No. 85-19 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2558, dated
June 25, 1986 marked Exhibit A, attached hereto and made a
part hereof, with the exception of the following:
1. Condition No. 5 is amended to read as follows:
" 5 . Developer shall dedicate or improve park land
pursuant to the parks agreement entered into between the City and
the developer. The agreement shall be performed before approval
of the final map for any portion of this tentative map."
2. Condition No. 67 has been deleted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
26th day of August I 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
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EXMRIT A
PLANNING COMMISSION RESOLUTION NO. 2558
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
NO. 85-19, TO ALLOW CONSTRUCTION OF A NEIGHBORHOOD COMMERCIAL CENTER (61,000 SQ. FT.), WITH 44 APARTMENT UNITS, A TOURIST COMMERCIAL CENTER (58,600 SQ. FT.), A 150 SUITE EXECUTIVE HOTEL WITH 25,000 SQ. FT.) CONFERENCE CENTER AND 220 HOTEL SUITES ON PROPERTY GENERALLY LOCATED
IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD
BOULEVARD AND THE AT&SF RAILWAY (Phase III of MP-1751
APPLIC'ANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO: SDP 85-19
WHEREAS, a verified application has been filed with the
:ity of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
Is provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
:ode, the Planning Commission did, on the 25th day of June, 1986,
:onsider said request on property described as:
A subd.ivision of Lots 1,. 2 and 3 of Carlsbad Tract 82-18
(Batiquitos Pointe), in the City of Carlsbad, County of
San Dfego, State of California, according to Map thereof
No. 11290, filed in the Office of the County Recorder of San Diego County, July 16, 1985;
WHEREAS, at said hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
leard, said Commission considered all factors relating to Site
>evelopment Plan No. 85-19.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:ommission 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 SDP 85-19, based on the following
findings and subject to the following conditions:
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?indings:
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The proposed commercial development is consistent with the Neighborhood Commercial and Travel Service Commercial
designations as indicated on the Land Use Element of the
General Plan.
The project is consistent with Master Plan MP-175 because
the uses proposed are permitted in MP-175.
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 pro- posed.
The project is consistent with all City public facility pol- icies and ordinances since:
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The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the
final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added condition that a note shall be placed on the final map that building permits may not be issued for the project
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unless the City Enginear determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan and the proposed Growth Management Ordinance have been met insofar
as they apply to sewer service for this project.
The Carlsbad School District has written a letter, dated September 10, 1985, stating that school facilities will be available to this project.
Park land dedication or fees or park improvements in lieu
of, are required as a condition of approval.
All necessary public improvements have been provided or will be required as conditions of approval.
The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee. The applicant has also agreed by condition to pay all Growth Management Fees. Performance of those contracts and payment of the fees will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
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f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
The proposed project is consistent with the City's Planned
Development Ordfnance and also complies with the Design Guidelines Manual.
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential private school, recreation commercial or travel service commercial development on the General Plan.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Planning Director on April 23, 1986 and approved by the Planning Commission on June 25, 1986.
This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities
identified in the Master Plan. This project will provide all
of the facilities and services needed in Phase II of the
Master Plan. If the improvements or facilities are not
provided, the project will create an unmitigated burden on
existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
project consistent with City goals, policies and plans.
The applicant is by condition, required to p&y any development
fees and has agreed to abide by any additional requirements established by the City of Carlsbad pursuant to Chapter 21.90 of the Carlsbad Municipal Code or any other applicable laws, in order to implement and comply with the City's Growth Management System. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
Conditions:
1) Approval is granted for SDP 85-19, as shown on Exhibits "A" -
'X9 , dated April 29, 1986, incorporated by reference and on
file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is available to serve the subdivision.
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This prsject is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application foI
such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final map.
This project is also approved under the express condition
that the,applicant pay the public facilities fee adopted by
the City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code to implement the growth management system and to fulfil1 the subdivider's agreement to pay the public facilities fee dated July 9, 1986 a copy of
which is on file with the City Clerk and is incorporated by
this reference and to fulfil1 the requirements of the agreement to pay fees for facilities and improvements as required by the Growth Management System. If the fees are not paid this application will not be consistent with the
General Plan and approval for this project shall be void.
Developer shall dedicate park land pursuant to the parks agreement entered into between the City and the developer. The agreement shall be executed before the final map for any portion of this tentative map.
The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit
application. These ,fees shall be based on the fee schedule in effect at the time of building permit application.
The applicant shall comply with all provisions of the Carlsbad Municipal Code Section 21.90.030(g) (Growth Management System). No residential building permits shall bc issued until all Growth Management plans have been prepared to the satisfaction of the City Council.
Approval of this request shall not excuse compliance with the Batiquitos Lagoon Educational Park Master Plan, all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
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PC RESO NO. 2558 -4-
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10) Before this project is reviewed by the City Council, the
applicant.shall execute the agreement to pay the fees for facilities and improvements as required by the Growth Management System and any other agreement required by Municipal Code Section 21.90.030(g).
Planning Conditions:
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All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked with small pole signs to be approved by the Planning Director.
Approval of Site Development Plan No. 85-19 is granted subject to the approval of Tentative Tract Map No. 85-38.
Site Development Plan No. 85-19 is subject to all of the conditions of approval of CT 85-38/PUD-96.
Approval of SDP 85-19 shall run concurrent with the approval of CT 85038/PUD-96.
The applicant shall prepare a 24"x36. reproducible mylar of the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
If any conditiori 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 65913.5. 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.
This proposed project, SDP 85-19, shall comply with all of
the specific conditions of Local Coastal Program Permit No.
6-85-482.
All buildings approved with this application shall be constructed with as much consistency as possible with these architectural elevations. Any revisions to these approved elevations shall require the approval of the Planning Director.
Prior to the issuance of building permits, the applicant
shall be required to submit elevations and parking level plans for all parking structures. These elevations and floor plans shall be subject to review and approval by the Planning Director andd the C'ity Engineer.
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Prior to final map approval, the project applicant shall be required-to submit landscaping and irrigation plans for all
parking structures. The top level of each parking structure shall be landscaped to include some trees along its center aisles. These plans shall be subject to the approval of the
Planning Director and City Engineer.
The project applicant shall be required to pay to the State Coastal Conservancy an agricultural conversion mitigation fee of between $5,000 and $10,000 per acre prior to final map approval. The specific fee amount per acre shall be decided upon by the City Council, and shall apply to the
proposed conversion of 100 acres of non-prime agricultural lands located upon the subject Master Planned property.
The fifty-five foot high atrium proposed as part of the hotel (Building C-41, within Planning Area 'L" is specifically not approved as part of this application. This
portion of the building shall either be redesigned to reduce
its height to a maximum of 35 feet, or the project applicant shall be required to process a Master Plan amendment for this height variance request.
In Area M there will be no commercial use on the 2nd floor
where there are also residential units.
Engineering Department:
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No grading permits shall be issued for this project prior to recordation of the final map, unless this condition is waived
by the Community Development Director.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as 'controlled grad- ing. by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal code.
Upon completion of grading, the developer shall ensure that
an .as-graded' geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a con-
tour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
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No grading shall occur outside the limits of the project unEess a letter of permission is obtained from the owners of
the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal
site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall c'omply with all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to prevent any'offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and lo-cation as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for .a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the the City
Engineer.
The developer shall pay‘the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
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The developer shall construct desiltation/detention basins of
a type an.d size and at locations as approved by the City
Engineer.. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of any grading, building permit or final map for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utili'ted in the construction of this project as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project.
The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by a Certificate on the Final Map for this
project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
Direct access rights for all lots abutting Avenida Batiquitos and Carlsbad Boulevard and Ponto Drive (except specific openings as shown on the tentative map/site plan), shall be waived on the final map.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to the issuance of building permits, and/or final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer':
A) All facilities and improvements identified in the Citywide and local facilities plans required pursuant to the City's Growth Management System, Chapter 21.90 of the Carlsbad Municipal Code. B) All public and private drainage systems to serve this
project.
Cl Fully actuated traffic signals at:
1. Poinsettia Lane and Avenida Encinas 2. Avenida Encinas and Windrose Circle 3. Windrose Circle and Avenida Batiquitos
4. Avenida Batiquitos and Carlsbad Boulevard 5. Avenida Batiquitos and Ponto Drive
D) The full intersection of Carlsbad Boulevard and Avenida Batiquitos as a major arterial/secondary arterial intersection (as shown on the tentative map).
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401 Improvements listed above shall be constructed within 12 months of final map approval andlor improvement plan approval, whichever occurs first.
41) Should the proposed assessment district of Carlsbad Boulevard, Poinsettia Lane, etc., not be approved prior to
final map approval or issuance of building permits for this project (Unit III), the developer shall be responsible for the following improvements: (in addition to above mentioned
requirements) Carlsbad Boulevard intersection with Avenida Batiquitos, including northbound and southbound‘ lane
widenings (4) of Carlsbad Boulevard.
a) A fully actuated traffic signal at Poinsettia Lane.
b) Northbound and southbound on and off ramp widenings (4 each) at La Costa Avenue and at Poinsettia Lane intersection with' I-5 Freeway.
cl Fully actuated traffic signals at the above-mentioned on/off ramps.
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Reimbursement agreements may be requested by the developer for the above-mentioned improvements which are not adjacent to this project (all units). Prior to final maGpprova1 or
issuance of building permits, the developer may submit to
and receive approval of specific reimbursement agreements and the percentage of developer's responsibility for each item to be reimbursed. Reimbursement shall be established by Benefit
District and paid by future development. Reimbursement shall
not be granted if the City Council determines these improvements are necessary to serve the project.
E) Widening and/or relocation of on and off ramps to Carlsbad Boulevard (see Condition No. 64).
F) The Avenida Batiquitos Bridge and appurtenances over
AT&SF Railroad.
G) Sewer pump station and offsite force main.
HI Relocation and abandonment of water mains across this development.
I) The parking structures and access for parking areas
within this subdivision. J) ~11 improvements identified as mitigation measures in the Developmental and Community Facility Program.
K) Provide for the construction of the beach parking facility and frontage road as identified in the Waster Plan for the project.
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Before and aa a condition of obtaining a final map, or final development permit or Site plan approval under Title 21 of the Carlsbad Municipal Code, the subdivider shall enter into a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district in the area of this project.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is located.
Prior to final map approval or issuance of building permits,
the applicant shall agree to participate in Poinsettia/I-S,
Poinsettia/AT&SF Railroad, and La Costa Avenue/I-S Bridge
Benefit Districts. A note of this participation shall be
placed on the final map.
Unless a standard variance has been issued, no variance from City Standards is authorised by virtue of approval of this tentative map/site plan.
The developer shall construct private street accesses to public streets in such a way as to clearly designate that the
private streets. are not a portion of the public street
s ysten. The developer shall place a plaque-type sign with
the legend, .PRIVATE STREET BEYOND THIS POINT., at the access
point to private streets from public streets. The script on
the sign ahown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person
at a distance of 20 feet. The provisions of this condit.i.on shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of
this project.
The developer shall install street lights along all public and private atreet frontages in conformance with City of Carlsbad Standards (including Carlsbad Boulevard).
The developer shall install street trees at the equivalent of
IO-foot intervals along all public and private street frontages in conformance with this project. The trees shall
be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public and private street frontages in conformance with this project
prior to occupancy of any buildings.
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SO) The developer shall install a wheelchair ramp at all public
and privqte street corners of this subdivision in conformance with City of Carlsbad Standards prior to occupancy of any
buildings.
51) The developer shall install chain-link fence along Carlsbad
Boulevard as required by the City Engineer.
52) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
53) The deaign of all private streets, sewer systems including
pump station and force main, and drainage systems shall be
approved by the City Engineer prior to issuance of any grading or building permit for this project. The structural
section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private
atreets and drainage systems shall be inspected by the City, and the atandard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading
permit for this project.
54) The developer shall provide an acceptable means for
maintaining the easements and landscaped medians within the
subdivision and all the private Streets, sidewalks, street
lights, storm drain facilities and sewer facilities located
therein and to distribute the costs of such maintenance in dn
equitable manner among the owners of the units within the
subdivision.
All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifyi'ng the responsibility shall be placed in the CC&R's.
~11 private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone' pursuant to Section 17.04.040, Carlsbad Municipal
Code.
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WA ES0 NO. 2558 -ll-
The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California State Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimise street.excavation.
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Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without
acquistion of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be aigned,and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following
certificate: I 8
'DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge.over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlabad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm8
Address:
City, St.r
Telephone:
BY
(Name of Engineer) Date:
R.C.E. NO. #
The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Conrisaion. The site plan shall reflect the conditions of approval by the City. The plan copy ahall be submitted to
the City Engineer prior to improvement plan submittal and
shall be 24, x 36” in size and of a quality and material
satisfactory to the City Engineer.
Prior to approval of any grading or building permits for
this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the
site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
:'PC RESO NO. 2598 -12-
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Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions.
Should the realignment of Carlsbad Boulevard and Ponto Drive not be approved, this project approval (Phase 1111 shall be null and void. The applicant shall redesign (this phase) in accordance with City standards in effect at the time of reapplication.
Parks and Recreation Department Conditions:
65) Prior to final map approval, final median designs and plantings shall be subject to the approval of the Director of
Parka and Recreation.
66) Prior to final map approval, specific plant selectfona shall be subject to the approval of the Director of Parks and Recreation and may vary from the plants listed on the conceptual landscape plan.
67) Prior to occupancy of any structure within the Master Planned project, the applicant and the City shall enter into
a parka agreement so that land for park purposes can be
dedicated upfront to bring the City up to standard for community parks in this district based upon .current
population levels.
Fire Department Conditions:
68) Prior to the iastiance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
69) Additional public and/or onaite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
70) The applicant shall submit two (2) copies of a site plan showing locationa of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
71) An all-weather access road shall be maintained throughout
construction.
72) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
/I// PC RESO NO. 2558
, *
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Proposed security gate systems shall be provided with "Knox"
key operated override switch, as specified by the Fire De- partment.
~11 fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and othet systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
~11 non-residential buildinga shall be provided with an automatic fire sprinkler system, to be approved by the Fire Marshal. 'All residential buildings shall also be provided with an automatic sprinkler system unless the City's proposed new fire station at Buttercup Lane is already constructed and operating. At that time, the applicant shall contact the Fire Marshal for a determination on
whether residential structures shall be exempted from this
requirement.
Planning
the 25th
ATTEST t
GASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on
day of June, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Schramm, Holmes h Hall.
NOES I None.
ABSENT: None.
ABSTAIN8 None.
CLARENCE SCHLEHDBER, Chairman
CARLSBAD PLANNING COMMISSION
MICHAEL J. EOLXHILLER PLANNING DIRECTOR
PC RESO NO. 2558 -14-
C.
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
September 3, 1986
Sammis Properties 2650 Camino De1 Rio North
Suite 100
San Diego, CA 92108
Enclosed for your records, please find a copy of the
following *Resolutions , --- adopted by the
Carlsbad City Council on August 26, 1986 .
*Resolutions 8770, 8771, 8772, 8773
Sincerely, &g* City Clerk
TELEPHONE:
(714) 438-5621
LR:adm
Enclosures ( 4 )