HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57531
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PLANNING COMMISSION RESOLUTION NO. 5753
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE A 156.72 ACRE SITE INTO 105 RESIDENTIAL
APPROVAL OF CARLSBAD TRACT CT 00-18 TO
LOTS, ONE MULTI-FAMILY LOT, SEVEN OPEN SPACE
LOTS, SIX HOA-MAINTAINED LOTS, AND TWO
REMAINDER PARCELS TOTALING APPROXIMATELY ONE
ACRE ON PROPERTY GENERALLY LOCATED EAST OF
COLLEGE BOULEVARD AND NORTH OF EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: CANTARINI RANCH
CASE NO: CT 00-18
WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint
Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as
That portion of Lot “B” in Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County on November 16,1896,
described in a Grant Deed recorded July 9, 1962 as File/Page
No. 116406 of Official Records. Except therefrom that portion
thereof described in a Grant Deed recorded November 19,1965
as File/Page No. 210231 of Official Records. Also including
portions of Lot “D” and “E” of said Map No. 823, described in
a Grant Deed recorded September 7, 1995, as Doc. # 1995-
00100176 of Official Records. Also including a portion of Lot
“B” of said Map No. 823, described in a Grant Deed recorded
September 7,1995, as Doc. # 1995-0398027 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “11” dated October 20, 2004, on file in the Planning
Department CANTARINI RANCH - CT 00-18, as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CANTARINI RANCH - CT 00-18, based
on the following findings and subject to the following conditions:
Findinm:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
project is consistent with all requirements of Titles 20 and 21 governing lot size and
configuration and has been designed to comply with all applicable City regulations,
including the General Plan and the Sunny Creek Specific Plan (SP 191).
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for open space and residential development on
the General Plan with a comparable density.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all required development standards and design criteria required by
the applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned such that there are no conflicts
with established easements.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the lots are oriented to
allow for solar exposure and take advantage of prevailing breezes.
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7.
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That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project will implement all required mitigation measures contained
in EIR 02-02 and the Mitigation Monitoring and Reporting Program for the
Cantarini Ranch/Holly Springs Joint EIR.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan SP-191
based on the facts set forth in the staff report dated October 20, 2004, incorporated
herein by reference.
a. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 0.93 du/ac for the single-family residential development
is within the density range of 0 - 4 du/ac (RLM) and the proposed density of
12.88 du/ac for the multi-family site is within the density range of 8-15 du/ac
(RMH) specified for the site as indicated in the Land Use Element of the
General Plan. The Open Space (OS) land use designation is being applied to
the hardline preserve areas, consistent with the City’s draft Habitat
Management Plan.
The proposed density of the project’s single-family component is below the
Growth Management Control Point (GMCP) of 2.88 assigned to properties
within SP 191 and 3.2 du/ac for other RLM designated properties used for
the purpose of calculating the City’s compliance with Government Code
Section 65584. However, consistent with Program 3.8 of the City’s certified
Housing Element, all of the dwelling units which were anticipated toward
achieving the City’s share of the regional housing need that are not utilized
by developers in approved projects are deposited in the City’s Excess
Dwelling Unit Bank. These excess dwelling units are available for allocation
to other projects and some units have been transferred to the multi-family
site. Accordingly, there is no net loss of residential unit capacity and there
are adequate properties identified in the Housing Element allowing
residential development with a unit capacity, including second dwelling
units, adequate to satisfy the City’s share of the regional housing need.
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The density of the multi-family site (12.88 du/ac) is above the GMCP of 11.5
du/ac allocated to the RMH land use designation. However, transferring the
allowable project density to the multi-family site is consistent with the City’s
Housing Element provisions to allocate excess dwelling units to other
properties for the purpose of providing affordable housing.
b. Circulation - The project will be required to construct College Boulevard
Reach “A” and new public streets from College Boulevard in order to
provide access to the site.
c. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the developer has been
conditioned to enter into an Affordable Housing Agreement to provide 19
affordable housing units in the Cantarini Ranch combined off-site affordable
housing project in order to satisfy its 15% inclusionary housing requirement.
d. Open Space and Conservation - The proposed open space preserve areas are
“equal to or better” than the “hardline areas” identified in the City’s draft
Habitat Management Plan and these open space areas will be managed by an
appropriate conservation entity with adequate funds for long-term biological
management consistent with the HMP.
1 1. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 15 as amended herewith and all City public
facility policies and ordinances. The project includes elements or has been conditioned to
construct or provide funding to ensure that all facilities and improvements regarding:
sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 15.
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That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards.
The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for
approval by the Park and Recreation Director prior to construction. Construction shall be
inspected to ensure conformity with the Standards for Design and Construction of Public
Works Improvements in the City of Carlsbad (“Standards”); Trail Construction
Standards; and the approved plans.
That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the panhandle lot configuration is desired to
reduce grading impacts to sensitive vegetation communities, to maintain the natural
topography and ridgelines of the property, and to provide a rural estate character in
accordance with the Sunny Creek Specific Plan.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that the proposed public streets provide access to adjacent properties and
the lot sizes are such that no future subdivisions will occur.
That the buildable portion of Lots 27, 38, 43, 60, 71, 75, 76, 104, 108 and 109,
excluding the panhandle, consists of over one-half acre, which meets the requirements
of Section 21.1 O.O8O(c) of the Carlsbad Municipal Code.
That the front, side, and rear property lines of the buildable lot, for purposes of
determining required yards, are as shown on Exhibits “E, K, M, N and P.”
That any panhandle lot hereby approved satisfies all the requirements of Section
2 1.10.080(d) of the Carlsbad Municipal Code.
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23.
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That the subdivision is consistent with the development standards of SP 191
including: 1) preserving the rural and natural characteristics of the area; 2)
designing property lines in keeping with the natural terrain by following natural
drainage courses, ridge lines and tops of graded slopes, wherever practicable; and 3)
by creating buildable lots with usable access without undue alteration of the terrain.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of grading permit, whichever occurs first.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer shall implement, or cause the implementation of, the Cantarini Ranch/Holly
Springs Joint EIR (EIR 02-02) Project Mitigation Monitoring and Reporting Program.
Developer shall implement, or cause the implementation of, the Calavera Hills Master
Plan Phase 11, Bridge and Thoroughfare District No. 4, & Detention Basins EIR
(EIR 98-02) Project Mitigation Monitoring and Reporting Program for the construction
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of College Boulevard Reach A, bridge over Agua Hedionda Creek, Basin BJ, and
associated drainage improvements.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to Planning Department a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and
Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, SDP 01-10, HDP 00-09,
and SUP 00-09, and is subject to all conditions contained in Planning Commission
Resolutions No. 5749, 5750, 5751, 5752, 5754, 5755 and 5756 for those other approvals
incorporated herein by reference.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
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populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
14. Prior to the recordation of the Final Map(s), the Developer shall execute a document or
documents, to the satisfaction of the Planning Director and the City Attorney, in relation
to the open space habitat Lots 15,56,79,116,117,118 and 119 to ensure the following:
a. Select a conservation entity, subject to the approval by the Planning Director, that
possesses the necessary qualifications to hold title to the open space lots and
ensure management of the open space lots for conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the
.Planning Director for estimating the costs of management and monitoring of the
open space lots in perpetuity.
b.
c. Based on the results of the PAR, provide a non-wasting endowment, or other
financial mechanism acceptable to the Planning Director and Wildlife Agencies,
to the selected conservation entity in an amount sufficient for management and
monitoring of the open space lots in perpetuity.
d. Transfer fee title to the open space lots to the selected conservation entity, or
execute a document to ensure the future transfer of ownership of the open space
lots along with the non-wasting endowment, to the City or its designee, to provide
for the management, monitoring, and conservation of the open space lots in
perpetuity consistent with the Carlsbad HMP.
15. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any an all
approvals for this project shall become null and void.
16. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide
nineteen (19) affordable housing units in the Cantarini Ranch 80-unit apartment
project in accordance with the requirements and process set forth in Chapter 21 35 of the
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Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted
to the Planning Director no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. Native plants shall be used adjacent to
the open space areas to the greatest extent feasible.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions for the single-family residential development. Said CC&Rs
shall be submitted to and approved by the Planning Director prior to final map approval.
Prior to issuance of a building permit the Developer shall provide the Planning
Department with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall
contain the following provisions:
a. General Enforcement by the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
, Section
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d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
hidher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit -.
f. An exhibit shall be provided to each property owner showing the fire
suppression zones, approved fence locations, and maintenance responsibility
area for their lot.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxeslfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the future sales office at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future
and existing schools, parks and streets.
Developer shall post a sign in the future sales office in a prominent location that
discloses which special districts and school district provide service to the project. Said
sign shall remain posted until ALL of the units are sold.
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Prior to the recordation of the first final tract map, the Developer shall prepare and record
a Notice that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor (College Boulevard), in a form meeting the approval of the
Planning Director and City Attorney (see Noise Form #1 on file in the Planning
Department).
Prior to the recordation of the first final tract map, the Developer shall prepare and record
a Notice that this property is subject to overflight, sight and sound of aircraft operating
fiom McClellan-Palomar Airport, in a form meeting the approval of the Planning
Director and the City Attorney (see Noise Form #2 on file in the Planning Department).
Developer shall post aircraft noise notification signs in all future sales and/or rental
offices associated with the new development. The number and locations of said signs
shall be approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
Prior to the recordation of the first final tract map, the Developer shall prepare and
record a notice that this property is in proximity to Carlsbad Unified School District
land, located at the northeast intersection of College Boulevard and Cannon Road,
and that this property may be developed as a future school facility. Such notice
shall be prepared in a form meeting the approval of the Planning Director and City
Attorney.
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map, Site Development Plan, Hillside Development Permit and
Special Use Permit by Resolutions No. 5753, 5754, 5755 and 5756 on the property.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Developer shall dedicate on the final maps, an open space easement for those portions of
Lots 15, 56, 79, 116, 117,118 and 119 which are (in slopes, wetlands, coastal sage scrub
or other constrained land plus all other lands set aside as part of the Citywide Open Space
System) to prohibit any encroachment or development, including but not limited to
fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown
on Exhibits “A” - “11.”
Removal of native vegetation and development of Open Space Lots 15,56, 79, 116, 117,
118 and 119, including but not limited to fences, walls, decks, storage buildings, pools,
spas, stairways and landscaping, other than that approved as part of this approval, as
shown on the Tentative Tract Map and Landscape Concept Plan and as
recommended in the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) and
Mitigation and Monitoring Report, is specifically prohibited, except upon written order
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of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of
the Planning Director, based upon a request from the Homeowners Association
accompanied by a report from a qualified arboridbotanist indicating the need to remove
specified trees and/or plants because of disease or impending danger to adjacent habitable
dwelling units. For areas containing native vegetation the report required to accompany
the request shall be prepared by a qualified biologist.
Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the
Pedestrian Circulation and Trail Plan within Open Space Lots 15,117 and 119. If the
City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as
a public trail and will be the maintenance and liability responsibility of the City of
Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail
shall still be constructed but it shall be constructed as a private trail for public use and
the obligation for acceptance, construction, maintenance and liability shall be the
responsibility of the Homeowners Association or selected open space conservation
entity.
Concurrent with recordation of the final maps, the Developer shall record a
permanent easement for public use of all community trails, including DG trails,
asphalt walkways, and meandering sidewalks which occur on privately owned lots
or HOA lots.
Prior to the approval of a final map the Developer shall pay to the City a Trail Plan
Check fee and inspection fee in accordance with the current city fee schedule.
Concurrent with recordation of the final map, the developer shall record a covenant
of easement for private landscape purposes on the privately owned lots to allow
HOA maintenance of landscape slope areas and fire suppression zones as shown on
the Tentative Map and Maintenance Responsibility exhibit, subject to approval of
the Planning Director and City Engineer.
The location of the sidewalks and DG trails shown on the conceptual Pedestrian
Circulation and Trail Plan may be modified, subject to the approval of the Planning
Director, City Engineer, and Trails Manager, for the purpose of providing a
continuous DG loop trail throughout the Cantarini Ranch and Holly Springs
developments and leading to future developments to the east and south of Cantarini
Ranch, provided that sidewalks are located on one side of the street.
A deed restriction shall be recorded on all lots bordering protected open space
prohibiting direct access and restricting the use of any invasive plants adjacent to
the open space area.
Prior to the issuance of building permits, a Site Development Plan shall be approved
for the architecture and plotting of units.
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Fence and wall locations may be modified, subject to the approval of the Planning
Director and Fire Marshall. Modified rear-yard fence locations shall not extend
into Fire Suppression Zones 2 or 3.
All predation fencing and theme wall fencing shall be installed concurrently with
development.
Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the project.
Engineering
General
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Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: storm water quality units, drainage swaleskoncrete-lined
ditches, trails, and pollution control basin facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
This project is approved for up to four (4) Final Maps for the purposes of recordation in
the order of phasing shown on the tentative map. All final maps shall be submitted,
processed and recorded concurrently, unless otherwise approved by the City
Engineer and the Planning Director.
If Developer desires to record a Final Map out of the phase approved on the tentative
map, the new phasing may be approved or conditionally approved by the City Engineer
and Planning Director if they are satisfied that public infrastructure necessary to
support each phase of development is in place or secured to the satisfaction of the
City Engineer.
Developer shall cause property owner to submit for, process and receive approval of
a Lot Line Adjustment (ADJ 00-14) that adjusts the boundary of the subdivision to
match that as shown on the Tentative Map. The Lot Line Adjustment shall be
recorded prior to submittal of the first Final Map for this project. The Lot Line
Adjustment shall be prepared to the satisfaction of the City Engineer.
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46. In accordance with the Zone 15 LFMP, Developer shall provide for the relocation of
the existing Rancho Carlsbad RV storage lot, maintenance facilities and community
garden (collectively the ‘‘Rancho Carlsbad Facilities”) impacted by the College
Boulevard and Basin BJ improvements. The Developer obligation includes, but is
not limited to, securing an alternate site for relocating the Rancho Carlsbad
Facilities, obtaining a Conditional Use Permit (CUP) and/or other discretionary
permits necessary for the relocation and constructing replacement improvements
for the Rancho Carlsbad Partners property. The relocation shall be processed to the
satisfaction of the Planning Director and the City Engineer. Developer shall enter
into a secured agreement with the City guaranteeing construction of the Rancho
Carlsbad Facilities in a form acceptable to the City Engineer.
47. Developer shall provide written approval from NCTD that this project provides
adequate facilities for bus transit services. Such evidence shall be provided to the
satisfaction of the City Engineer.
FeedAgreements
48. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
49. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
50. Developer shall construct street improvements to College Boulevard approximately
4,200-feet from its existing northerly terminus near El Camino Real to the
intersection of Cannon Road. These improvements shall consist of ‘Core’
Improvements. ‘Core’ improvements include design and construction costs for full-
width grading, two l8-foot wide paved lanes, median curb, and road drainage
crossings (Improvements). The Developer has proposed the ‘Core’ Improvements
be funded by a private financing program with participating property owners.
Prior to final map approval, Developer shall provide evidence of a private financing
program, necessary to design and construct the Core Improvements, executed by all
participating property owners to the satisfaction of the City Engineer.
51. If Developer is unable to obtain property owner approval of a private financing
program necessary to construct those street improvements identified in the
condition above, the ‘Core’ Improvements may be funded by a public Financing
Program (Public Program) subject to City Council approval. This Public Program
request shall be processed and initiated to the satisfaction of the City Engineer prior
to final map approval. If funded by a Public Program, Developer may be eligible
for reimbursement for constructing the ‘Core’ Improvements. If a Public Program
is approved, Developer shall enter into a Reimbursement Agreement prior to Final
Map approval. The Reimbursement Agreement shall be prepared to the satisfaction
of the City Engineer and City Attorney.
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52.
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If a Public Program is approved to fund the ‘Core’ Improvements for College
Boulevard, Developer shall cause property owner to execute a Prepayment
Agreement that requires the Developer secure its fair-share costs toward the Public
Program. The Prepayment Agreement shall be prepared, processed and approved
to the satisfaction of the City Engineer, Finance Director, and City Attorney prior to
Final Map approval.
Prior to final map approval, the Developer shall develop and agree to the formation
of a comprehensive financing program guaranteeing the construction of the core
improvements for Cannon Road Reach 4A in accordance with the requirements of
the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road
Reach 4A extends east from the intersection with College Boulevard approximately
900 feet. The core improvements consist of full width grading, two 18-ft paved lanes,
median curbs, drainage facilities required to protect the roadbed, and transition
improvements to full City standard intersection improvements at the intersection
with College Boulevard. The financing program guarantee must also address the
acquisition of the right-of-way (ROW) for the road, slope and drainage easement in
addition to the design, construction and environmental mitigation measures.
Developer shall construct the bridge supporting College Boulevard as shown on the
Tentative Map. The Developer, by constructing the bridge, may be eligible for
reimbursement and/or credit against payment of the Planned Area Drainage Fees
(Area B) in accordance with the City Drainage Fee Program. Prior to final map
approval, Developer shall enter into a reimbursement and/or fee credit agreement to
the satisfaction of the City Engineer and City Attorney.
Developer shall construct Detention Basin ‘BJ’ just east of the intersection of
College Boulevard and Cannon Road as shown on the Tentative Map, including the
box culvert outlet structure crossing College Boulevard. The Developer, by
constructing the basin and box culvert, may be eligible for reimbursement and/or
credit against payment of the Planned Area Drainage Fees (Area B) in accordance
with the City Drainage Fee Program. Prior to final map approval, Developer shall
enter into a reimbursement and/or fee credit agreement to the satisfaction of the
City Engineer and City Attorney.
Developer shall install a 36” potable waterline (490 zone) and appurtenances in
College Boulevard from its existing northerly terminus near El Camino Real to the
intersection of Street ‘A’ and extending in ‘A’ Street to the easterly subdivision
boundary as shown on the Tentative Map. Developer shall also install a 16” potable
waterline (490 zone) in College Boulevard from ‘A” Street to Cannon Road. The
Developer, by constructing these improvements, may be eligible for reimbursement
by the water collection fee program. Prior to final map approval, Developer shall
enter into a reimbursement agreement to the satisfaction of the City Engineer and
City Attorney.
This project shall be annexed into City of Carlsbad Street Lighting and
Landscaping District No. 2 (SL & LD #2). Prior to approval of any grading, building
permits or final map for this project, Developer shall cause Owner to execute an
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58.
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Agreement to annex the subject property into City of SL & LD #2. The Agreement
shall be in a form approved by the Assistant City Finance Director and the City
Attorney. Developer shall pay all fees necessary to annex the property into SL &
LD #2.
In accordance with the Zone 15 LFMP, Developer shall bear all responsibility and
costs associated with installing the sound wall along the west side of College
Boulevard just south of Cannon Road. No reimbursement shall be available for
Developer from any Public Financing Program on this item.
The City is currently in the process of updating its Master Drainage and Water
Quality Management Plan (Master Drainage Plan) and associated Planned Local
Drainage Area (PLDA) fees. Prior to final map approval the developer shall pay the
current PLDA fee, and/or receive appropriate credits for any Master Drainage Plan
facility improvements installed by Developer as a condition of this project, and enter
into an agreement with the City to pay the increase in the PLDA fee, if any, at the
time City Council approves the updated Master Drainage Plan and associated
PLDA fee.
Developer is responsible to pay prevailing wage on all work that is subject to
reimbursement by public funds in accordance with State Law.
Grading
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65.
Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
Developer shall obtain a precise grading permit@) within this subdivision to the
satisfaction of the City Engineer.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Upon completion of grading, Developer shall file an "as-graded" geologic plan with 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
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
This project requires off site grading. No grading for improvements shall occur outside
the limits of this approval unless Developer obtains, records and submits a recorded copy
to the City Engineer a grading or slope easement or agreement from the owners of the
affected properties. If Developer is unable to obtain the grading or slope easement, or
agreement, no grading permit will be issued. In that case Developer must either apply for
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and obtain an amendment of this approval or modify the plans so grading will not occur
outside the project and apply for and obtain a finding of substantial conformance from
both the City Engineer and Planning Director.
Dedications/Improvements
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Developer shall cause Owner to execute a covenant of easement for private ingress,
egress and private underground utilities over the pairs of lots that share common
driveways including Lots 10 and 11,12 and 13,29 and 30,34 and 35,42 and 43,47
and 48,49 and 50,51 and 52,61 and 62,66 and 67,68 and 69,70 and 71,88 and 89,
90 and 91, 108 and 109 as shown on the Tentative Map. The obligation to execute and
record the covenant of easement shall be shown and recording information called out on
the Final Maps.
Developer shall dedicate emergency access and fire lane easements over the common
shared driveways on the final map to the satisfaction of the Fire Marshal and City
Engineer.
Prior to the first Final Map approval, all public infrastructure, including but not
limited to public streets and underground utilities as shown on the Tentative Map,
shall be designed, processed and approved to the satisfaction of the City Engineer
with security posted.
Developer shall construct all shared common driveways, including underground
service laterals, concurrent with the construction of public streets within this
subdivision.
Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
all public streets and other easements shown on the Tentative Map. The offer shall be
made by a certificate on the Final Maps. All land so offered shall be offered free and clear
of all liens and encumbrances and without cost. Streets that already public are not
required to be rededicated.
Developer shall cause Owner to make an irrevocable offer of dedication (IOD) to the City
for the trail easements necessary to encompass the proposed trails as shown on the
Tentative Map and Pedestrian Circulation and Trails Plan. The offer shall be made by
a certificate on the final maps. All land so offered shall be offered free and clear of all
liens and encumbrances and without cost. Streets that are already public are not required
to be rededicated. The City Trails Manager shall decide whether the IOD for trails
will be accepted or rejected prior to approval of the final map.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the Tentative Map and the following improvements including, but not limited to paving,
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base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards
and to the satisfaction of the City Engineer. The improvements are:
a.
b.
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f.
g.
Core Improvements to College Boulevard street improvements from its
existing northerly terminus just north of El Camino Real extended to
Cannon Road. Core Improvements consist of full-width grading, two 18-ft
lanes, median curbs, and road drainage crossings, drainage facilities
required to protect the roadbed, full-width bridge crossing for College
Boulevard over Agua Hedionda Creek, erosion control, landscape, irrigation,
and transition improvements to full City standard street improvements with
Cannon Road and Sunny Creek Road.
In addition to core improvements, complete half-street improvements for
College Boulevard are required along the project frontage per City
Standards. Complete half-street improvements include a 32-ft paved half-
street width consisting of two 12-foot lanes and an 8-foot bike lane, curb,
gutter, streetlights, fire hydrants, median hardscape, median landscaping
and irrigation, parkway landscaping and irrigation, and street drainage
facilities.
Street and utility improvements for ‘A’ Street, ‘B’ Street, ‘C’ Street, ‘D’
Street, ‘E’ Street, ‘F’ Street, ‘G’ Street, ‘H’ Street, ‘I’ Street, ‘J’ Street, ‘K’
Street, ‘L’ Street, ‘M’ Street, ‘N’ Street, ‘0’ Street, ‘P’ Street as shown on
the Tentative Map.
Construct a new 36” potable waterline (490 zone) and appurtenances in
College Boulevard to ‘A’ Street from the existing terminus just north of El
Camino Real to ‘A’ Street continuing in ‘A’ Street to the easterly subdivision
boundary.
Construct a new 16” potable waterline (490 zone) and appurtenances in
College Boulevard from ‘A’ Street to Cannon Road intersection.
Construct a new 12” recycled waterline (384 zone) and appurtenances in
College Boulevard from its existing terminus near El Camino Real to Cannon
Road.
Potable Pressure Reducing Stations as shown on the Tentative Map.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
74. Developer shall execute a separate City standard Subdivision Improvement Agreements
(one for each item below) to install and secure with appropriate security as provided by
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law, public improvements shown on the Tentative Map and the following improvements
including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing
and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation
of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water,
constructed to City Standards and to the satisfaction of the City Engineer. The
improvements are:
a. Developer shall design and install a fully actuated traffic signal, including all
appurtenances at the intersection of College Boulevard and Cannon Road
and traffic signal interconnect conduit and cable in College Boulevard from
Cannon Road to El Camino Real. The Traffic signal shall not be installed
until such time that written approval is received from the City Engineer.
b. In accordance with the Zone 15 LFMP, the Developer shall design and install
a fully actuated traffic signal, including all appurtenances and traffic signal
interconnect conduit and cable, at the intersection of College Boulevard and
‘A’ Street. The Traffic signal shall not be installed until such time that
written approval is received from the City Engineer.
c. In accordance with the Zone 15 LFMP, the Developer shall design and install
a fully actuated traffic signal, including all appurtenances and traffic signal
interconnect conduit and cable, at the intersection of College Boulevard and
‘C’ Street. The Traffic signal shall not be installed until such time that
written approval is received from the City Engineer.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
75. Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the Tentative Map and the following improvements including, but not limited to paving,
base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards
and to the satisfaction of the City Engineer. The improvements are:
a. Design and construction costs for future ‘M’ Street from the intersection of
‘J’ Street to the eastern subdivision boundary as shown on the Tentative
Map.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Developer shall post
security for these improvements, in perpetuity, or until the improvements are
required for construction as directed by the City Engineer. Developer may opt to
post with the City, a cash deposit covering Developer’s obligation to design and
construct the improvements.
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76.
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Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting College Boulevard, excepting the access points for ‘A’ Street and ‘C’ Street
to the satisfaction of the City Engineer.
For all lots containing dual frontage to a public roadway, Developer shall cause
Owner to waive direct access rights on the final map for that frontage not serving as
the physical access for the property. Thru lot access is not permitted. Access rights
shall be waived to the satisfaction of the City Engineer.
College Boulevard shall be dedicated by Owner along the project frontage based on a
right-of-way width of 102-feet and in conformance with City of Carlsbad Standards.
Developer shall provide all necessary temporary grading and construction
easements and drainage easements necessary to construct College Boulevard as
shown on the Tentative Map.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities within the subdivision boundary.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook” to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifling prospective owners and tenants of
the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
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82.
83.
84.
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
provide calculations to verify numeric sizing criteria is met.
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
g.
Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs may consist of a
San Diego Regional Standard Drawing D-41 energy dissipator, or other means deemed
appropriate, to the satisfaction of the City Engineer.
That portion of existing right-of-way for College Boulevard that is proposed to be
vacated (and rededicated) shall be vacated via the summary street vacation
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procedure pursuant to the California Streets and Highway Code and to the
satisfaction of the City Engineer.
Final Map Notes
85. Notes to the following effects shall be placed on the map as non-mapping data:
a. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. College Boulevard;
2.
3.
4. Sewer mains and appurtenances;
5. Basin ‘BJ’;
6.
7. Recycled Water; and
8. Drainage Facilites.
‘A’ Streets through ‘0’ Street;
Potable Water mains and appurtenances;
Potable water pressure reducing stations;
b. This subdivision contains two remainder lots. No building permit shall be issued
for any remainder lot until it is further subdivided pursuant to the provisions of
Title 20 of the Carlsbad Municipal Code.
c. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
d. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
Water -
86. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to verify all fire protection measures (fire flows, fire hydrant locations, building
sprinklers) required to serve the project. All fire hydrants shall be served by public water
mains to the satisfaction of the District Engineer.
87. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access andor joint utility purposes.
88. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charae(s1 prior to issuance of Building Permits.
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89.
90.
91.
92.
93.
94.
95.
- Fire
96.
97.
Concurrent with the submittal of the improvement plans, Developer shall prepare a
colored recycled water use map and submit this map to the District Engineer for approval.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer and the
Planning Director.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
The Developer shall provide separate potable water meters for each lot.
Developer shall submit design drawings prepared by a Registered Engineer for the
construction of potable water mains service laterals and meters, appurtenances, and
pressure-reducing stations required to serve the project. Said plans shall be
prepared to the satisfaction of the District Engineer.
Future homes impacted by the Fire Protection Zones shall be required to be
constructed to 1-hour fire rated exterior walls and features, in conformance with the
Building Code, subject to Fire Marshall approval. Please contact the Carlsbad Fire
Department for approved materials and methods. The lots are identified as: Lots 8
through 13, 36 through 38, 42, 43, 58 through 61, 81, 82, 85 through 102, and 107
through 112.
AI1 subsequent submittals shall indicate that these lots are conditioned by adding
the suffix “FR” to the lot designator and shall be noted by lot numbers on the title
page of the working drawings.
The following lots shall be required to have installed an approved automatic fire
sprinkler system. This condition is set forth as the Fire Department access is in
excess of the established limits of CFC Article 9. The lots to be conditioned are
identified as: Lots 27,31,34 through 36,38 through 44,47 through 52,60 through
62,66 through 71,75,76,81,82,88 through 94,104,108, and 109.
All subsequent submittal Title Sheets shall indicate that these lot numbers are
conditioned and state “Fire Sprinkled.”
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98.
99.
100.
101.
102.
103.
Fire sprinklers are required under the following conditions:
In accordance with Chapter 9 of the California Fire Code, the centermost portion of
the rear first floor of any residence, measured in an approved manner from the
nearest public street exceeding one-hundred and fifty (150) feet shall be protected
with an approved automatic fire sprinkler system in conformance with NFPA
Standard 13D.
The following item shall be included in the CC&Rs:
The maintenance of common areas and fuel modification areas shall be submitted to
the Fire Department for review and approval.
Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot
clearance from combustible vegetation is required. There shall be no combustible
or wood fencing within 100 feet of native undisturbed vegetation (F.3-6).
No patio covers, decks or similar structures to homes shall occur within the first
twenty (20) - feet of the sixty (60) - foot fuel modification zone unless fire rated or
heavy timber materials are utilized and approval of said materials shall be obtained
prior to installation from the Building Department.
In accordance with the City’s adopted landscape manual, unless the 60- foot fuel
modification zone begins at the property line, Section F.3-2 prohibits tree and
shrubs in the first twenty (20) - feet of the sixty (60) - foot zone.
No more than 20 units may be constructed in any phase without providing two
points of access, unless otherwise approved by the Fire Chief or hisher designee.
Code Reminders
104. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
105. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
106. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
107. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
a. Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and
approval of the Planning Director prior to installation of such signs.
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108.
109.
110.
112.
The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the Tentative Map are for planning purposes only. Developer shall pay
traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City
of Carlsbad Municipal Code, respectively.
The tentative map shall expire twenty-four (24) months fi-om the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.Some improvements shown on the tentative parcel map andor
required by these conditions are located offsite on property which neither the City nor the
owner has sufficient title or interest to permit the improvements to be made without
acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
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2;
2t
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of October, 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLMILLYR
Planning Director
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