HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52491
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PLANNING COMMISSION RESOLUTION NO. 5249
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO 27 LOTS ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD
BETWEEN EL CAMINO REAL AND THE CITY’S EASTERN
BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE
16.
CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN
CASE NO.: CT 97- 13
WHEREAS, Techbilt Construction Corp., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Carlsbad Oaks North
Partners, L.P., “Owner,” described as
CARLSBAD TRACT NUMBER CT 97-13 TO SUBDIVIDE 414
That portion of Lot “B” of Rancho Agua Hedionda, in the
County of San Diego, State of California, according to
partition map thereof no. 823, filed in the Office of the County
Recorder of San Diego County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) ‘‘A” - “TT”, dated August 21, 2002, CARLSBAD OAKS
NORTH SPECIFIC PLAN - CT 97-13, as provided ’by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of August, 2002, hold
a duly noticed public hearing as prescribed by law to consider said request;
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) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD OAKS NORTH SPECIFIC PLAN - CT 97-13,
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
design and improvements for the map are in compliance with all applicable city
policies and standards, and necessary public facilities and services needed to serve
the development will be in place prior to occupancy of any buildings proposed
within the project.
That the proposed project is compatible with the surrounding future land uses since
surrounding property to the north, south, and west is designated for open space or
industrial land uses consistent with the proposed development. The project will be
compatible with existing residential land use located to the east in the City of Vista
through the provision of land use buffers, use restrictions prohibiting the use of
hazardous materials within 1000 feet of residences, and more restrictive noise and
lighting performance standards.
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 non-residential development at the
intensity proposed, in that the project meets or exceeds all of the requirements of the
P-M zone and SP 211 without the need for a variance from development standards
and all required public facilities and services will be provided.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that all existing easements of record within the project are consistent with the
proposal or shall be relocated as necessary concurrent with the recordation of the
final map.
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 area is dominated
by westerly wind patterns which allows the use of natural heating and cooling
opportunities and the subdivision design consists of large industrial lots that will be
developed with ample building separation to enable proper air circulation.
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
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protection in accordance with the City’s sewer and drainage standards. In addition,
the project is conditioned to comply with the National Pollution Discharge
Elimination System (NPDES) standard to prevent any discharge violations.
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 mitigation required by the Final Program EIR 98-08 will reduce
potentially significant environmental impacts to below significant levels except for
the following unavoidable adverse impacts: 1) project level and cumulative impacts
to circulation in that significant impacts to intersection levels of service occur
outside the City of Carlsbad where neither the City nor the applicant has
jurisdiction; 2) project level and cumulative impacts to air quality in that the project
will result in increased emissions in the project area and the region; and 3) project
level impacts to biological resources in that the reduction of raptor foraging habitat
will most likely cause the northern harrier breeding in the project area to abandon
the area. Overriding considerations for the above unavoidable adverse impacts are
justified based on the project’s contribution to the City’s revenues, employment
opportunities, open space, Habitat Management Plan, and Citywide road and sewer
infrastructure in accordance with the Growth Management Plan.
The Planning Commission finds that the project as conditioned herein, is in
conformance with Elements of the City’s General Plan based on the facts set forth in the
staff report dated August 21,2002 including but not limited to the following:
A. Land Use Element
1. Overall Land Use C.3K.5 -The project requires more stringent
performance standards and substantial buffers between adjacent
residential development in the City of Vista and industrial lots in the
development to ensure compatibility.
ii. Industrial - Goal A, Objectives B.l, B.3 - The project will consist of
light industrial uses thereby developing a base of light, pollution free
industries in the City with minimal impacts to surrounding land uses
through landscaped buffers and restrictions on noise generation, use
of hazardous materials, and lighting.
Objective B.4- The industrial park is located within the boundaries of
the existing Planned Industrial (PI) corridor as shown on the General
Plan.
PolicyC.lO/Objective C.3 - The industrial park is designed with lots
that are large and level enough to accommodate industrial
development including adequate parking, loading, storage,
landscaped perimeter setbacks and manufactured slopes, and
properly functioning internal roads with adequately spaced
driveways.
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Objectives C.8lC.9 - The Carlsbad Oaks North Specific Plan includes
a requirement for one lot located at the intersection of Faraday
Avenue and El Fuerte Street (secondary arterials) and provides for
other lots to be developed with commercial uses designed to serve the
occupants of the industrial park through issuance of a conditional use
permit.
Policy C.12 - The Specific Plan performance standards for the
industrial project meet or exceed performance standards required by
the P-M Zone and include noise, air quality and safety, and lighting
standards.
Policy C.13 - The industrial park provides for the possibility of two
passive employee recreation areas with views of natural open space
and trailhead access to a trail within the development.
... 111. Environmental
Goal A - The project protects and conserves natural resources and
fragile ecological areas by providing 219.5 acres of open space
identified within Core Area 5 of the HMP and buffers adjacent
sensitive preserve areas from the proposed development.
Policy C.7 - The project’s impacts to natural resources have been
analyzed in accordance with the California Environmental Quality
Act through the preparation of an EIR .
B. Circulation Element
1. Streets and Traffic Goals
Objective A.UA.8 - The project will complete the final segments of
two circulation arterial roads that will meet the local and regional
transportation demand and accommodate alternative modes of
transportation.
Objective B.l/Policies C.16K.18 - The project will dedicate and
improve all circulation facilities required by the project, including
circulation arterial roadways, concurrent with demand.
C. Open Space and Conservation Element
1. Open Space Planning and Protection - Policy C.20
e3 The redesignation to Open Space of property proposed to be
dedicated as an open space easement within Lots 10,11, and 12
is consistent with the Open Space Element in that the open
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iv.
PC RES0 NO. 5249
space is identified as a hardline conservation area in the City’s
Draft HMP.
+:+ The proposed open space is equal to or greater than the area
depicted on the Official Open Space Map. The proposed
adjustment in open space boundaries will increase the acreage
designated as OS from 135 acres to 219.5 acres.
+.+ The proposed open space area is of environmental quality
equal to or greater than that depicted on the Official Open
Space Map. The open space adjustment will eliminate PI land
use designations and preserve additional acres of open space
within a wildlife habitat corridor that contains critical wetland
and riparian habitat surrounding La Mirada Creek.
+:+ The proposed adjustment to open space is within close
proximity to the open space presently shown on the Official
Open Space Map. The proposed amendment will change and
increase the acreage of open space within the project
boundaries by 84.5 acres. The additional open space is
contiguous with existing open space.
Special Resource Protection
Policy C.4 - The project will result in the preservation of 219.5 acres
of open space that will establish and maintain a regionally significant
multi-species wildlife corridor consistent with the City’s HMP,
provide a citywide trail segment, and rezone the open space to the
Open Space (04) zone.
Objective B.l - The project has been conditioned to require the
proposed wildlife habitat preserve to be managed and financed in
perpetuity consistent with an approved maintenance program.
Policy C.6/C.19 - The project provides a minimum 300’ wide buffer to
protect the adjacent Dawson Los Monos Canyon Reserve natural
resource areas utilized for educational and scientific research.
Trail System
Policy C.3 The project requires an irrevocable offer of dedication for Trail
Segment 26 of the Citywide Trail System.
Fire Risk Management
Goal A.l - The fire risk presented by adjacent natural open space is
mitigated through requiring fire suppression buffers within the
boundaries of the development to avoid impacts to surrounding
sensitive native vegetation.
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D.
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Air Quality Preservation
Policy C.3 - The Specific Plan requires the formation of a business
association to encourage usage of buses and vanpools and to provide
incentives for car-pooling, flex-time, shortened work weeks, and
telecommuting.
Water Quality
Objective B3/Policy C.3 - The project incorporates storm water
quality control measures (BMPs) consistent with a conceptual Storm
Water Pollution Prevention Plan prepared for the project to avoid
adversely impacting sensitive water resources.
Noise Element
Goal A.2 - Noise generation and interior noise standards for future
development are required by the Specific Plan in compliance with the City’s
Noise standard, McClellan Palomar CLUP, and P-M zone performance
standards, and environmental mitigation measures as applicable.
Park and Recreation Element - Payment of park-in-lieu fee.
Public Safety Element
1. Flood Hazards
Policies C.3K.5 The project is required to install properly sized
drainage facilities to handle the 100 year flood conditions and to
ensure compliance with Titles 18 and 20 pertaining to drainage and
flood control structures.
Hazardous Materials
Policy C.3 The project reduces the risk of exposure to hazardous
substances from future industrial development by restricting the use
of hazardous materials within 1,000 feet of residential land use.
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iii. Airport Hazards
Policy C.3 The project conforms with the noise, height, and location
requirements of the Carlsbad Airport Land Use Plan (CLUP).
10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 16 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
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project will be installed to serve new development prior to or concurrent with need.
Specifically:
A. 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.
D. The project is conditioned to implement special conditions for drainage,
sewer, water, and circulation facilities as specified in the Zone 16 LFMP
amendment (LFMP 89-16(A)).
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 16.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994. The project is compatible with the
projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix
of the CLUP, the proposed land use is compatible with the airport, in that the proposed
industrial lots will be developed in the future in accordance with the SP 211 and P-
M zone standards for use and building height.
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.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that an approved
Storm Water Pollution Prevention Plan (SWPPP) will be prepared and
implemented to prevent the pollution of storm water runoff associated with the
construction and post construction phases of development.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
final map or issuance of grading permit, whichever occurs first.
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1.
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If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or fbrther 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 Developer to make, all corrections
and modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The 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.
The Developer shall implement, or cause the implementation of, the Carlsbad Oaks
North Specific Plan Project Mitigation Monitoring and Reporting Program.
The 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.
The Developer shall submit to the Planning a reproducible 24” x 36”, mylar copy of the
Tentative Map reflecting the conditions approved by the final decision making body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving /resolution(s) in a 24” x 36” blueline drawing
format.
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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 16 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits including but not limited to the
following:
A. Park in lieu fees in the amount of $.40 per square foot of nonresidential
building.
This approval is granted subject to the certification, adoption and approval of the
Program Environmental Impact Report and Mitigation Monitoring and Reporting
Program, GPA 97-05, ZC 97-05, SP 211, LFMP 89-16(A), HDP 97-10, PIP 02-02,
and SUP 97-07, and is subject to all conditions contained in Planning Commission
Resolutions 5244, 5245, 5246, 5247, 5248, 5250, and 5251 and 5252 for those other
approvals.
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.
Housinp (Non-Residential)
13. The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or hishedtheir successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
LandscaDe
14. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the Landscape Architecture provisions
of SP 211, the approved Preliminary Landscape Plan and the City’s Landscape Manual.
The Developer shall construct and install all landscaping as shown on the approved Final
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Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds,
trash, and debris.
15. 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.
16. The Developer shall establish an owner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
A.
B.
C.
D.
General Enforcement 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.
Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days fiom 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.
SDecial 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
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E.
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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 andor to pursue lien foreclosure procedures against any Owner and
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Compliance with Specific Plan 211 - All development within the Carlsbad
Oaks North Business Park shall be entirely consistent with all requirements
of SP 211. SP 211 shall be incorporated into the CC&Rs as an attachment.
Landscape Maintenance Responsibilities. The Association and individual lot or
unit owner landscape maintenance responsibilities shall be as set forth by the
approved landscape plan on file at the City of Carlsbad Planning
Department. Maintenance responsibility shall include the passive recreation
areas on Lot 9 and north of Faraday Avenue, which shall serve employees of
the Carlsbad Oaks North Business Park development.
Environmental MitiPation - All development within the Carlsbad Oaks
North Business Park shall comply with environmental mitigation measures
set forth in Planning Commission Resolution 5244, Exhibit EIR-B, dated
August 21,2002.
Open Space Maintenance Responsibilities: The open space maintenance
responsibilities for Open Space Lots 10, 11, and 12, shall consist of active
maintenance to protect and preserve the quality of the habitat (including but
not limited to reasonable prevention of trespass) as required by USFWS and
CDFG until ownership is transferred to the City or its designee for perpetual
maintenance. The passive recreation area located north of Faraday Avenue
within Lot 12 shall continue to be maintained by the Association in
perpetuity.
17. The 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.
18. Prior to approval of the final map or grading permit, whichever occurs first the
Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS)
regarding the impacts of the Project; and, 2) obtain any permits required by the USWFS.
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Prior to the issuance of the final map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has approved a Specific Plan (SP 211) and issued a tentative tract
map, hillside development permit, planned industrial permit and special use permit
by Resolutions No. 5247,5249,5250,5251 and 5252 on the real property owned by the
Developer. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#1 on file in the Planning Department).
No outdoor storage of materials except as allowed by Specific Plan 211 shall occur
onsite unless required by the Fire Chief. When so required, the Developer shall submit
and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage
Plan, and thereafter comply with the approved plan.
The Developer shall dedicate on the final map, an open space easement for Lots 10, 11,
and 12 in their entirety 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 except as required for biological
mitigation, passive recreation areas, utility easements, and improvements and
maintenance, and trails (including any necessary trail signage and fencing),
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
and landscaping, as shown on Exhibits “An - “TT” dated August 21,2002.
Removal of native vegetation and development of Open Space Lot(s) 10, 11, and 12,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
and landscaping, other than that approved as part of Specific Plan 211 or the grading
plan, improvement plans, and landscape plan, or approved biological mitigation is
specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, and, based upon
a request from the Homeowners Association accompanied by a report from a qualified
arboristhotanist indicating the need to remove specified trees andor plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetation the report required to accompany the request shall be prepared by a
qualified biologist.
The Developer shall dedicate on the final map an irrevocable offer to the City of
Carlsbad for a trail easement for trail(s) shown on the tentative map within Lot 11. If the
City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as
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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 and shall be the
maintenance and liability responsibility of the Owners Association).
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and the sign provisions of SP 211 and shall require
review and approval of the Planning Director prior to installation of such signs.
Prior to final map approval, the applicant shall submit a Trail Sign Program in
compliance with SP 211, the Open Space Conservation and Resource Management
Plan and applicable biological mitigation measures pertaining to trail signage. The
sign program shall be subject to Planning Director approval.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, and in accordance with
SP 211 to the satisfaction of the Directors of Community Development and Planning.
The Developer shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
In accordance with SP 211, prior to occupancy of the first industrial building the
Developer shall provide all required passive and active recreational areas per the
approved plans, including landscaping and recreational facilities.
Prior to the approval of a final map, the developer shall submit an airspace
determination from the FAA, concluding that the project is in accordance with FAA
Part 77 (Appendix 77 of the CLUP).
EnPineering
32. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
33. 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 treatment facilities, and landscaping,
facilities located therein and to distribute the costs of such maintenance in an equitable
manner among the owners of the properties within the subdivision.
34. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffti program for wall treatments if and when such a program is
formally established by the City.
35. This project is approved for up to 3 Final Maps for the purposes of recordation in the
order of phasing shown on the tentative map.
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37.
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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 orderly development will occur.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval fkom 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 provide for sight distance corridors at all street intersections and
proposed driveways in accordance with Engineering Standards and shall record the
following statement on the Final Map (and in the CC&Rs).
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner shall maintain this condition.”
FeedAereements
39.
40.
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43.
44.
45.
The developer shall pay all current fees and deposits required.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Prior to recordation of a final map or issuance of any development permit
whichever occurs first, a financial guarantee for the construction of Melrose Drive
shall be approved by the Carlsbad City Council. This project is responsible for a
proportionate share of the cost of construction of Melrose Drive. (Reference
Condition 58C).
Prior to recordation of the final map or issuance of any development permit
whichever occurs first, the developer/owner shall provide for sewer service in
conformance with the City of Carlsbad Master Plan of Sewerage and the LFMP for
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Zone 16. The financial guarantee may be in the form of an assessment district or
other means as approved by the City Council. The upstream segments of the South
Agua Hedionda Interceptor (SAHI) reaches A and B and the pump station option
are conditioned to be constructed as part of this project and shall connect to those
portions constructed by others. (Reference condition 58E).
46. The City is currently in the process of updating its Master Drainage and Water
Quality Management Plan (Master Drainage Plan) and associated Local Drainage
Area (LDA) Fees. Prior to final map approval the developer shall pay the current
LDA 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 LDA Fee, if any, at the time City
Council approves the updated Master Drainage Plan and associated LDA Fee.
Grading
47.
48.
49.
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. The developer must submit
and receive approval for grading plans in accordance with city codes and standards prior
to issuance of a building permit for the project.
The rough-graded pads created by this project will require additional grading prior
to construction of buildings and private improvements on the individual lots. A
subsequent grading permit will be required for final development of lots. A
construction revision to the rough grading plan will not be permitted to fulfill this
requirement.
The storm drain improvements, animal crossings and NPDEWdesiltation basins
shown on the tentative map shall be constructed and maintained until accepted by
the appropriate authority. Annual maintenance and reporting for all NPDES
facilities will be required and shall be the responsibility of the developer and
property owners until relieved in writing by authority or public agency.
Dedicationsfimprovements
50. Any land dedicated or offered for dedication to any entity shall reserve access and
maintenance rights to construct, operate and maintain basins, sewer, water, and
drainage facilities within the proposed easements or open space.
51. Developer shall cause Owner to execute a covenant of easement for private drainage 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 map.
Developer shall provide City Engineer with proof of recordation prior to issuance of
building permit.
52. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the tentative
map. The offer shall be made by a certificate on the final map and/or separate recorded
document. All land so offered shall be offered free and clear of all liens and
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encumbrances and without cost. Streets that already public are not required to be
rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Right of entry or access easements shall be granted to the City for each lot and for
each NPDES (pollution control) facility to allow for periodic inspection.
Developer shall cause Owner to waive direct access rights on the final map for all
lots abutting Faraday Avenue, except Lots 1 and 2 as shown on tentative map.
Developer shall cause Owner to waive direct access rights on the final map except
for specific locations shown as driveways on the tentative map. A note to this effect
shall be placed on the final map.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along, abutting, and within the subdivision boundary. The major
transmission power lines are exempt from this condition.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer 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:
A. Faraday Avenue shall be improved to full width Secondary Arterial
standards based on a right-of-way width of 84 feet from the roadway’s
eastern terminus at Orion Street to the western terminus at the boundary of
the City of Vista. Additional construction and transition may be required at
the existing points of terminus (both ends) to provide a smooth transition. In
addition, modifications shall be made at the intersection of Faraday Avenue
and El Camino Real to provide one additional northbound right turn lane as
identified in the 2020 build out condition of the traffic report for this project.
The developer/owner may be eligible for a partial reimbursement based on a
fair share allocation. A reimbursement agreement must be approved by the
City prior to final map recordation and/or beginning of construction.
B. El Fuerte Street shall be improved to full width Secondary Arterial
standards based on a right-of-way width of 84 feet from existing terminus
north of Palomar Airport Road to the intersection at Faraday Avenue.
Additional constryction and transition may be required at the existing point
of terminus to provide a smooth transition. In addition, modifications shall
be made at the intersection of El Fuerte Street and Palomar Airport Road to
accommodate the lane configuration identified in the 2020 build out
condition of the traffic report for this project.
C. Melrose Drive shall be improved to full width Prime Arterial standards
based on a right-of-way width of 126 feet from Palomar Airport Road to the
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northern City Boundary as required by the Zone 16 LFMP amendment.
Additional construction and transition may be required at the existing
terminus within the City of Vista. In addition, modifications shall be made at
the intersection of Melrose Drive and Palomar Airport Road to provide one
southbound right turn lane, two southbound left turn lanes, three
southbound through lanes, two eastbound left turn lanes, one westbound
right turn lane, and one additional westbound through lane for a total of
three. An additional turn lane is also required on northbound Melrose Drive
south of Palomar Airport Road. The required lane configurations are
identified in the 2020 buildout condition of the traffic report for this project.
The developer/owner may be eligible for partial reimbursement based on a
fair share allocation from adjacent property owners. A reimbursement
agreement must be approved by the City prior to the final map recordation
and/or beginning of construction.
D. Potable Water system - 700 zone
0 A 12” transmission line in El Fuerte between the existing 30” line in
0 A 16” transmission line in El Fuerte from Loker Avenue to Faraday
0 A 16” transmission line in future “D” Street.
0 A 24” transmission line in Faraday Avenue easterly to Melrose Drive.
0 A 16” and a 24” transmission line in Melrose Drive to the existing 30”
line in Palomar Airport Road.
0 A 16” transmission line in “C” Street and a connection to a pressure
reducing station on easterly “D” Street north of Faraday Avenue.
Potable Water system - 550 zone
0 A 16” transmission line in Faraday Avenue from Orion Street easterly
0 A 16” extension southerly on El Fuerte - northerly on west “D” Street
0 A Pressure Reducing Station on easterly loop road (“D” Street)
Palomar Airport Road and 16” line in Loker Avenue.
Avenue.
to easterly loop road (“D” Street) - north on “D” Street.
- up “B” Street and up “A” Street.
between lots 6 & 7.
Reclaimed Water System - 660 zone
0 A 12” main in Melrose Drive from Palomar Airport Road to Faraday
A 12” main in Faraday Avenue between Melrose Drive and easterly
0 A 12” main in “D” Street.
0 An 8” line in both “C” and ‘‘D” Streets.
Reclaimed Water System - 550 zone
A 12” main in Faraday Avenue from El Camino Real to westerly “D”
0 An 8” line in Faraday Avenue from westerly “D” Street to easterly
0 An 8” line in both “A” and “B” Streets.
Avenue.
“D” Street.
Street.
‘‘D” Street.
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The location and sizes of the water facilities have been provided as a
planning tool and may vary during final design of this project. The
developer/owner may be eligible for a partial reimbursement of the above
conditioned improvements. A reimbursement agreement must be approved
by the City prior to final map recordation and/or beginning of construction.
E. Sewer system - Pump Station Option
0 The construction of SAHI Reaches A and B and a force main sewer in
Faraday Avenue to El Camino Real then north to connect to the SAHI
Reach F and continue to the Cannon Road Pump Station. The
Cannon Road pump station; force main and gravity line must be
completed and operational prior to the issuance of building permits
for this project.
A list of the above improvements 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
shall be constructed within 18 months of approval of the secured improvement agreement
or such other time as provided in said agreement.
59. Prior to recordation of a final map or issuance of a grading permit, whichever
occurs first the developer shall comply with the City's requirements of the National
Pollutant Discharge Elimination System (NPDES) permit. Developer shall prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) and provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A.
B.
C.
D.
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.
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.
BMPs shall be used to eliminate or reduce surface pollutants when planning any
changes to the landscaping and surface improvements.
SWPPP will include calculations of anticipated pollutant loading, and sizing
of structural BMPs to remove pollutants prior to storm water entering a
storm drain. Required maintenance of the BMPs and the maintenance
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interval will be specified for each BMP.
E. Each lot in this project will include structural BMPs to remove anticipated
pollutants from storm water runoff. Catch basin inserts are not sufficient by
themselves to remove all pollutants, but may be included as part of a
comprehensive system.
F. The property owner’s association will be responsible for maintenance of
BMPs until such time as the City may decide to assume maintenance
responsibility.
60. 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 could consist of a
modified outlet headwall (SDRS D-41) consisting of an extended concrete spillway
section with longitudinal curbing andor radially designed riprap, or other means deemed
appropriate, to the satisfaction of the City Engineer.
Final Map Notes
61. Notes to the following effects shall be placed on the map as non-mapping data
A.
B.
C.
D.
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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 fiom 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.
Covenant of easement(s) if any (description and recording information.)
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
62. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
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map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
The tentative map shall expire twenty-four (24) months fiom 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 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 to comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notifl 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 fees/exactions
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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Commissj
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
.on of the City of Carlsbad, California, held on the 21st day of August 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Dominguez, Heineman, Trigas, White and
Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None -
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
-
ATTEST: ,f
MICHAEL J. HOLMILL&
Planning Director
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