HomeMy WebLinkAbout1986-08-26; City Council; Resolution 8772i- 0 - le
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RESOLUTION NO. 8772
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNI , APPROVING A 13 LOT TENTATIVE
TRACT MAP (CT 85-38) AND A NON-RESIDENTIAL PLANNED
UNIT DEVELOPMENT ( PUD-96 ) ON PROPERTY GENERALLY
LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON
BETWEEN CARLSBAD BOULEVARD AND THE AT&SF RAILWAY
(Phase I11 of MP-175)
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO: CT 85-38/PUD-96.
WHEREAS, on June 25, 1986 the Carlsbad Planning
Commission adopted Resolution No. 2557 recommending to the City
Council that Tentative Tract Map (CT 85-38) and Planned Unit
Development (PUD-96) be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
August 12, 1986 held a public hearing to consider the recommenda,
tions and heard all persons interested in or opposed to Tentativl
Tract Map (CT 85-38) and Planned Unit Development (PUD-96); and
WHEREAS, the environmental review for said tentative ma]
was certified for MP-175 in 1985, a Negative Declaration for
Phases I1 and I11 was filed by the Planning Director on June 25,
1986 in compliance with the requirements of the City of Carlsbad
Environmental Protect ion Ordinance of 1980 and the California
Environmental Quality Act:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2557 constitute the findings of the City Council
in this matter.
C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 85-38 and Planned Unit
Development PUD-96 are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commission
Resolution No. 2557 dated June 25, 1986 marked Exhibit A
attached hereto and made a part hereof, with the exception of the
following:
1. Condition No. 5 is amended to read as follows:
"5. Developer shall dedicate or improve park land
pursuant to the parks agreement entered into between the City and
the developer. The agreement shall be performed before approval
of the final map for any portion of this tentative map."
2. Condition No. 84 has been deleted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
26th day of August , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MARY H. FASLER, Mayor
ATTEST :
ALETHA !iLtA.+/Q- L. RAUTENKRANZ, City Clerk
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EXHIBIT A
PLANNING COMMISSION RESOLUTION NO. 2557
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A 13 LOT TENTATIVE TRACT MAP AND A
NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON
PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF
BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
AND THE AThSF RAILWAY (Phase I11 of MP-175).
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO: CT 85-38/PUD-96
WHEREAS, a verified application for certain property, to
wit:
A subdivision of Lots 1, 2 and 3 of Carlsbad Tract 82-18
(BatfqUitO8 Pointe), in the City of Carlsbad, County of .
San Diego, State of California, according to Map thereof
No. 11290, filed in the Office of the County Recorder of
San Diego County, July 16, 1985,
has been filed with the City of Carlsbad, and referred to the
Planning Commission: and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 25th day of
June, 1986, hold a duly noticed public hearing as prescribed by laa
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby recommends APPROVAL of CT 85-38/PUD-96,
based on the following findings and subject to the following
conditions:
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Findings:
The proposed commercial development is consistent with the
Neighborhood Commercial and Travel Service Commercial
designations as indicated on the Land Use Element of the General Plan.
The project is consistent with Master Plan MP-175 because the uses and densities proposed are provided for in MP-175.
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate residential development at the density pro-
posed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a)
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The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan and the proposed Growth Management Ordinance have been met insofa
as they apply to sewer service for this project.
The Carlsbad School District has written a letter, dated
September-10, 1985, stating that school facilities will bl
available to this project.
Park land dedication or fees or park improvements in lieu
of, are required as a condition of approval.
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. The applicant has also agreed by condition to pay
all Growth Management Fees. Performance of those contracts and payment of the fees will enable this body t
find that public facilities will be available concurrent
with need as required by the General Plan.
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f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for
residential private school, recreation commercial or travel service commercial development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the
Planning Director on April 23, 1986 and approved by the
Planning Commission on June 25, 1986.
This project requires the construction of the improvements or
facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities identified in
the Master Plan. This project will provide all of the
facilities and services needed in Phase 11 of the Master Plan,
If the improvements or facilities are not provided, the
project will create an unmitigated burden on existing
improvements and facilities. Further, the improvements and
facilities are necessary to provide safe, adequate and
appropriate service to future residents of the project
consistent with City goals, policies and plans.
The applicant is by condition, required to pay any development
fees and has agreed to abide by any additional requirements
established by the City of Carlsbad pursuant to Chapter 21.90
of the Carlsbad Municipal Code or any other applicable laws,
in order to implement and comply with the City's Growth
Management System. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts
created by the project.
Conditions:
1) Approval is granted for CT 85-38/PUD-96, as shown on Exhibits
rA8 - 'Xu, dated April 29, 1986, incorporated by reference and
on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is
available to serve'the subdivision.
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This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final
map.
This project is also approved under the express condition that
the applicant pay the public facilities fee adopted by the
City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code to implement the growth management system and to fulfill the subdivider's agreement to pay the
public facilities fee dated July 9, 1986 a copy of which is or
file with the City Clerk and is incorporated by this reference
and to fulfill the requirements of the agreement to pay fees
for facilities and improvements as required by the Growth
Management System. If the fees are not paid this application
will not be consistent with the General Plan and approval for
this project shall be void.
Developer shall dedicate park land pursuant to the parks
agreement entered into between the City and the developer.
The agreement shall be executed before the final map for any
portion of this tentative map.
The applicant shall provide school fees to mitigate
conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule
in effect at the time ,of building permit application.
The applicant shall comply with all provisions of the
Carlsbad Municipal Code Section 21.90.030(g) (Growth
Management System) . No residential building permits shall be
issued until all Growth Management plans have been prepared
to the satisfaction of the City Council.
Approval of this request shall not excuse compliance with the Batiquitos Lagoon Educational Park Master Plan, all sections
of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
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10) Before this project is reviewed by the City Council, the
applicant shall execute the agreement to pay the fees for
facilities and improvements as required by the Growth
Management System and any other agreement required by
Municipal Code Section 21.90.030(g).
Planning Department:
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The applicant shall prepare a 24"x36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits, or submittal of final map, grading plan, or
improvement plans.
The applicant shall establish a Master Educational Park
Association for Phase 111 and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted
to and approved by the Planning Director prior to final map
approval.
The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
A 500' scale map of the subdivision shall be submitted to the
Planning Director prior to the recordation.of the final map.
Said map shall show all lots and streets within and adjacent
to the project.
All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the sign program outlined in the Batiquitos Lagoon Educational Park Master Plan and shall require review
and approval of the Planning Director prior to installation of
such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Planning
Director.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction of
the Directors of Planning and Building.
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20) The applicant shall submit a street name list consistent with
the City's street name policy subject to the Planning
Director's approval prior to final map approval.
21) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit
District. Said facilities shall at a minimum include a
bench, free from advertising, and a pole for the bus stop
sign. The bench and pole shall be designed in a manner so as
to not detract from the basic architectural theme of the
project apd said design shall be subject to the approval of
the Planning Director and North County Transit District.
22) Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible
from the street or access road; color of identification
and/or addresses shall contrast to their background color.
23) If any condition for construction of any public improvements
or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided
in Government Code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid
unless the City Council determines that the project without
the condition complies with all requirements of law.
24) During grading a two phased program shall be undertaken to
avoid possible significant impacts on paleontological
resources.
A) Phase 1 shall consist of a qualified paleontologist
doing a literature and records search, surface study,
subsurface testing if necessary, the recordation of any
sites, and a recommendation regarding the need for
further work.
B) If it is determined during Phase 1 that further work is
necessary it shall consist of the following:
11 A qualified paleontological monitor shall be
present at a pregrading conference with the
developer, grading contractor, and the environ-
mental review coordinator. The purpose of this
meeting will be to consult and coordinate the role
of the paleontologist in the grading of the site.
A qualified paleontologist is an individual with
adequate knowledge and experience with fossilized
remains likely to be present to identify them in
the field and is adequately experienced to remove
the resources for further study.
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2) A paleontologist or designate shall be present
during those relative phases of grading as
determined at the pregrading conference. The
monitor shall have the authority to temporarily
direct, divert or halt grading to allow recovery of
fossil remains (primarily marine mammals). At the
discretion of the monitor, recovery may include
washing and picking of soil samples for microvertebrate bone and teeth. The developer shall puthorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists as may be determined by the Planning
Director. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of remains of such scientific and/or educational importance which might
warrant a long term salvage operation or preservation, Any conflicts regarding the role of
the paleontologist and/or recovery times shall be resolved by the Planning Director.
Approval of Tentative Tract No. CT 85-38 is granted subject
to the approval of non-residential Planned Unit Development
No. 96.
Approval of SDP 85-19 shall run concurrently with the
approval of CT 85-38/PUD-96.
The fifty-five foot high atrium proposed as part of Building
C-4 within Planning Area "La, is specifically not approved as
part of this application. This portion of the building shall
either be redesigned to reduce its heighth to a maximum of 35
feet or the project applicant shall be required to process a
Master Plan Amendment for this height variance request. *
Ten tennis courts located within the AThSF Railroad right-of-
way are shown on the conceptual site plan for the Batiquitos Lagoon Educational Park Master Plan (MP-175 1 . These tennis
courts are specifically not approved as part of this
application. The applicant shall be required to submit a
licensing agreement with the AThSF Railway prior to the City processing any applications for these tennis courts. If and
when the applicant requests approval of these tennis courts,
they will have to go before the Planning Commission and City
Council with an application for a conditional use permit to determine if these uses are appropriate in a railroad right-
of-way.
Building permits for Planning Area "M8, Phase 111, shall not be issued until construction has commenced in
Planning Areas "BD and "C" of Phase I.
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The hotel units approved in Planning Area .IC", shall be
approved and operated exclusively as hotel units. If the
project applicant intends to request that any of these units
be used as time-share units, as allowed by Master Plan 175, a separate conditional use permit/major subdivision application
shall be required to be submitted for review by the Planning Commission and City Council, along with any other
requirements of Section 21.42.010 of the Zoning Ordinance.
The project applicant shall be required to process a Master
Plan amendment for Master Plan 175, in order to bring it
into conformance with Local Coastal Program Permit No. 6-85-
482 prior to final map approval.
All buildings approved with this application shall be
constructed with as much consistency as possible with these
architectural elevations. Any revisions to those approved
elevations shall require the approval of the Planning
Director.
This proposed project CT 85-38/PUD-96 shall comply with all
of the specific conditions of Local Coastal Program Permit
No. 6-85-482.
Prior to the issuance of building permits, the applicant
shall be required to submit elevations and parking level
plans for all parking structures. These elevations and floor
plans shall be subject to review and approval by the Planning
Director and City Engineer.
Prior to final map approval, the project applicant shall be
required to submit. landscaping and irrigation plans for all
parking structures. The top level of each parking structure
shall be landscaped to include some,trees along its center aisles. These plans shall be subject to the approval of the
Planning Director and City Engineer.
The project applicant shall be required to pay to the State
Coastal Conservancy an agricultural conversion mitigation
fee of between $5,000 and $10,000 per acre prior to final
map approval. The specific fee amount per acre shall be
decided upon by the City Council, and shall apply to the proposed conversion of 100 acres of non-prime agricultural
lands located upon the subject Master Planned property.
All water features shall be maintained as approved by the
applicant. Maintenance responsibility may be transferred to
the owner's association for Phase 111.
Engineering Conditions
38) No. grading permits shall be issued for this subdivision prior
to recordation of the final map, unless this condition is waived by the Community Development Director.
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The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad -
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
Upon completion of grading, the developer shall ensu,re that
an "as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a con-
tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent
record.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal
site if located within the city limits.
All slopes within this project shall be no steeper than 2:l
Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
The developer shall exercise special care during the
Construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control measures and shall construct temporary desiltatioddetention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
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the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall
guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types
suitable to the City Engineer.
Additional drainage easements and drainage structures shall
be provided or installed as may be required by the City Engi-
neer.
The developer shall pay the current local drainage area fee
prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master
Drainage Plan and City of Carlsbad Standards as required by
the City Engineer.
The developer shall construct desiltation/detention basins of
a type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of
the final map for this project. Each desiltation basin shall
be serviced by an all-weather access/maintenance road. The
provisions of this agreement shall apply to any offsite
borrow sites which may be utilized in the construction of
this project as required by the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map for this
project .
The developer shall make an offer of dedication to the City
for all public streets and easements required by these
conditions or shown on the tentative map. The offer shall be
made prior to issuance of any building permit for this project or in the absense of final map, by separate document.
All land so offered shall be granted to the City free and
clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be
rededicated.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map for this
project .
The developer shall make an offer of dedication to the City
for all public streets and easements required by these
conditions or shown on the tentative map. The offer shall be
made prior to issuance of any building permit for this
project. All land ,so offered shall be granted to the City
free and clear of all liens and encumbrances and without cost
to the City. Streets that are already public are not required to be rededicated.
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Direct access rights for all lots abutting Avenida
Batiquitos, Carlsbad Boulevard and Ponto Drive (except
specific openings as shown on the tentative map/site plan)
shall be waived on the final map.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown
on the tentative map and the following improvements to City
Standards'to the satisfaction of the City Engineer:
PC RES0
All improvements identified in the Citywide and local
facility and improvement plans required pursuant to
Chapter 21.90 of the Carlsbad Municipal Code.
Windrose Circle (all portions full width to complete the
circle.
Avenida Encinas from its existing terminus to 'Windrose
Circle. (Full width. 1 Avenida Batiquitos from Windrose Circle to Carlsbad
Boulevard, (Full width.)
Avenida Batiquitos bridge and appurtenances over ATsSF
Railway.
Fully actuated traffic signals at:
1. Avenida Encinas and Windrose Circle
2. Windrose Circle and Avenida Batiquitos
3. Avenida Batiquitos and Carlsbad Boulevard
4. Avenida Batiquitos and Ponto Drive
5. La Costa Avenue and 1-5 Intersections both
northbound and southbound.
(The above mentioned traffic signals shall be installed
when directed by the City Engineer).
The intersection of Carlsbad Boulevard and Avenida
Batiquitos as a major arterial/secondary arterial
intersection (see Condition No. 78).
Widening and/or relocation of on and off ramps to
Carlsbad Boulevard (see Condition No, 55).
Sewer mains to serve this subdivision
Carlsbad Boulevard as shown on the tentative map
including offsite transitions pursuant to any
City/Developer agreement for the proposed landswap.
Public water distribution system as shown on the
tentative map.
The westerly 16. water main connecting the 12" intertie
main and 16" main proposed with Unit No. 1.
All stormdrain pipes and appurtenances. The 54" stormdrain as required by the Carlsbad Master
Drainage Plan.
The permanent desiltation basins as shown on the
tentative map.
Provide for the construction of the beach parking
f cility and frontage road as identified in the Master Pfan for this prolect.
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A reimbursement agreement may be requested by the developer
for th 54 inch storm drain and desiltation basin. The
reimbursement agreement must be approved prior to approval
of the final map. The reimbursement shall be limited to the cost of construction of the storm drain facilities in excess
of those facilities required for the project site only as may be determined by the City Engineer and set by City
Council.
Improvements listed above shall be constructed within 12
months of final map approval and/or improvement plan
approval, whichever occurs first.
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
Reimbursement agreements may be requested by the developer
for the La Costa Avenue traffic signals and widening
improvements. Prior to final map approval, the developer
shall submit to and receive approval of specific
reimbursement agreements for the signalization and channelization at the La Costa Avenue and 1-5 intersection.
This approval shall include conditions and mitigation measures of the Local Facilities Management Program for Zone
9.. All requirements shall be designed and guaranteed per
Condition No. 46 prior to final map approval, or issuance of
building permits.
Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of
the Carlsbad Municipal Code, the subdivider shall enter into
a contract with the City whereby the subdivider covenants on
behalf of the subdivider and subdivider's successors in
interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district in the area of
this project.
b) Payment of the bridge and major thoroughfare fee for
the area of the district in which this development is
located.
(A note reflecting a and b shall be placed on the final
map.
Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
tentative map/site plan.
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The developer shall construct private street accesses to
public streets in such a way as to clearly designate that the
private streets are not a portion of the public street system. The developer shall place a plaque-type sign with
the legend, "PRIVATE STREET BEYOND THIS POINT", at the access
point to private streets from public streets, The script on
the sign shown above shall be capital letters of a size and
contrast such as to be readable for a normally sighted person
at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior
to issuance of a Certificate of Occupancy for any portion of
this project.
The developer shall install street lights along all public
and private street frontages in Conformance with City of
Carlsbad Standards (including Carlsbad Boulevard).
The developer shall install street trees at the equivalent of
40-foot intervals along all public and private street
frontages in conformance with this project. The trees shall
be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public and
private street frontages in conformance with this project
prior to occupancy of any buildings.
The developer shall install chainlink fence along Carlsbad
Boulevard as required by the City Engineer.
The developer shall install a wheelchair ramp at all public
and private street corners of this subdivision in conformance
with City of Carlsbad Standards prior to occupancy of any
buildings.
Plans, specifications, and supporting documents for the
parking structures and access for all parking areas within
this subdivision shall be prepared to the satisfaction of the
City Engineer prior to issuance of any building permits.
The design of all private streets, sewer systems including
pump station and force main, and drainage systems shall be
approved by the City Engineer prior to approval of the final map for this project. The structural section of all private
streets shall conform to City of Carlsbad Standards based on
R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement
plan check and inspection fees shall be paid prior to
approval of the final map for this project.
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The developer shall provide an acceptable means for
maintaining the easements and landscape medians within the
subdivision and all the private streets , sidewalks, street lights, storm drain facilities and sewer facilities located
therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the units within the
subdivision.
All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or
the individual property owner (if on an individually owned
lot). An appropriately worded statement clearly identifying
the respon-sibility shall be placed in the CCtiR's.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
Irrigation systems to accommodate future reclaimed water
shall be designed consistent with Title 17 of the California
State Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the
installation of adequately sized sleeves at crossing points to minimize street excavation.
Some improvements shown on the tentative map and/or required
by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without
acquistion of title or interest. The subdivider shall
conform to Section 20.16.095 of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by
the Engineer in responsible charge of the work. Each sheet
shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally, the
first sheet of each set of plans shall have the following
certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
review on.ly and does not relieve me, as Engineer of Work, of
my responsibilities for project design.
(Name, Address and Telephone of Engineering firm
Firm:
Address:
City, St.:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
The developer shall provide the City with a reproducible
mylar copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the conditions
of approval by the City. The map copy shall be submitted to
the City Engineer prior to improvement plan submittal and
shall be 24" x 36. in size and of a quality and material
satisfactory to the City Engineer.
Prior to recordation of any final map for this development
approval of any grading or building permits for this project,
the owner shall give written consent to the.annexation of the
area shown within the boundaries of the tentative map into
the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the
applicant, Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions.
Should the realignment of Carlsbad Boulevard and Ponto Drive
not be approved, this project approval (Phase 111) shall be
null and void. The applicant shall redesign this phase in
accordance with City standards in effect at the time of
reapplication.
Parks and Recreation Department Conditions:
82) Prior to final map approval, final median designs and
plantings shall be subject to the approval of the Director of
Parks and Recreation.
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Prior to final map approval, specific plant selections shall
be.subject to the approval of the Director of Parks and
Recreation and may vary from the plants listed on the
conceptual landscape plan,
Prior to occupancy of any structure within the Master
Planned project, the applicant and the City shall enter into
a parks agreement so that land for park purposes can be
dedicated upfront to bring the City up to standard for
community parks in this district based upon current
population levels,
?ire Department Conditions:
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Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
Additional public and/or onsite fire hydrants shail be
provided if deemed necesaary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout
construct ion.
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
Proposed security gate systems shall be provided with "Rnox"
key operated override switch, as specified by the Fire De-
partment.
All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval prior to construction.
All non-residential buildings shall be provided with an
automatic fire sprinkler system to be approved by the Fire
Marshal. All residential buildings shall also be provided
with an automatic sprinkler system unless the City's proposed new fire station at Buttercup Lane is already
constructed and operating. At that time, the applicant
shall contact the Fire Marshal for a determination on
whether residential structures shall be exempted from this
requirement ,
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//// PC RES0 NO. 2557 -16-
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the
PASSED, APPROVED AND ADOPTED at a regular meeting of the
,
ning Commission of the City of Carlsbad, California, held on
25th day of June, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Schramnt, Holmes & Hall
NOES: None.
ABSENT: None.
ABSTAIN: None.
CLARENCE SCHLEKUBER, Chairman
CARLSBAD PLANNING COMMI S SION
ATTEST:
-~ MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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