HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-0681
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RESOLUTION NO. 2004-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CARLSBAD
RESIDENTIAL LOTS AND TWO COMMONLY OWNED
LOTS ON PROPERTY GENERALLY LOCATED NORTH OF
FARADAY AVENUE AT THE SOUTHERN TERMINUS OF
TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 8.
CASE NAME: KIRGIS TENTATIVE MAP
TRACT CT 02-06 TO SUBDIVIDE 21.9 ACRES INTO 5
CASE NO.: CT 02-06
WHEREAS, Pergola, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described
as
All that portion of Lot “F” of Rancho Agua Hedionda, in the
County of San Diego, State of California, as shown on
Partition Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, on November 16,
1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative
Tract Map as shown on Exhibits “A - “D” dated September 3, 2003, on file in the
Planning Department KlRGlS TENTATIVE MAP - CT 02-06, as provided by Chapter
20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of September
2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold
duly noticed public hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearings, 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; and
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WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of
February, 2004, hold a public hearing to consider the recommendations and heard all
persons interest in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02-
02/CDP 02-05/HDP 02-01,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, CT 02-06 is
approved, based on the following findings and subject to the following conditions:
Findinqs:
1. That the proposed map and the proposed design and improvement of the
subdivision as conditioned, is consistent with and satisfies all requirements of the
existing 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 lots being created satisfy all minimum requirements of Titles
20 and 21 governing lot sizes and configuration, have been designed to comply with all
other applicable City regulations, and lot 7 will be restricted by open space easement
consistent with its open space General Plan designation.
2. That the proposed project is compatible with the surrounding future land
uses since surrounding properties to the north are also designated for Residential Low
(RL) and Open Space (OS) development on the General Plan, the industrial property to
the southeast is separated by a significant slope preserved as open space and
surrounding development to the north is single family residential and open space.
3. That the site is physically suitable for the type and density of the
development since the site is adequate in size and shape to accommodate residential
development at the density proposed, in that the project site can accommodate the
proposed residential development while providing the required lot area, all required
setbacks and improvements mandated by applicable city regulations.
4. That the design of the subdivision or the type of improvements will not
conflict with easements of record or easements established by court judgment, or
acquired by the public at large, for access through or use of property within the
proposed subdivision, in that the project is designed and conditioned to avoid conflicts
with any established easements.
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Resolution No. 2004-068 page 2
5. That the property is not subject to a contract entered into pursuant to the
Land Conservation Act of 1965 (Williamson Act).
6. 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 lots
will have southern exposure for passive heating and all lots will benefit from ocean
breezes for cooling.
7. That the City Council has considered, in connection with the housing
proposed by this subdivision, the housing needs of the region, and balanced those
housing needs against the public service needs of the City and available fiscal and
environmental resources.
8. 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 75% of the site will be preserved for the purpose of
habitat conservation and restoration.
9. That the discharge of waste from the subdivision will not result in violation
of existing California Regional Water Quality Control Board requirements, in that lot
drainage will typically filter through the yard landscape prior to exiting to the drainage
system.
10. The City Council finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth
in the staff report dated September 3, 2003 including, but not limited to the following:
a. Land Use - The project is consistent with the City’s General Plan
since the proposed density of 0.91 du/acre is within the density range of 0.0-1.5 du/acre
specified for the site as indicated on the Land Use Element of the General Plan. The
project’s proposed density of 0.91 du/ac is below the Growth Management Control Point
density (1.0 du/ac) used for the purpose of calculating the City’s compliance with
Government Code Section 65584. However, consistent with Program 3.8 of the City’s
certified ’ Housing Element, all of the dwelling units, which were anticipated toward
achieving the City’s share of the regional housing need that are not utilized by
developers in approved projects, are deposited in the City’s Excess Dwelling Unit Bank.
These excess dwelling units are available for allocation to other projects. Accordingly,
there is no net loss of residential unit capacity and there are adequate properties
identified in the Housing Element allowing residential development with a unit capacity,
including second dwelling units, adequate to satisfy the City’s share of the regional
housing need.
b. Circulation - The circulation system is designed to provide
adequate access to the proposed lots, adjacent properties and complies with all
applicable City design standards.
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Resolution No. 2004-068 page 3
c. Housing - That the project is consistent with the Housing Element
of the General Plan and the lnclusionary Housing Ordinance as the Developer has been
conditioned to pay the Affordable Housing In-Lieu fee.
Public Safety - Required facilities have been conditioned to be
constructed or are shown on the project plans.
d.
11. The project is consistent with the City-Wide Facilities and Improvements
Plan, the Local Facilities Management Plan for Zone 8 and all City public facility policies
and ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer
collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
with need. Specifically,
a. The project has been conditioned to provide proof from the
Carlsbad Unified School District that the project has satisfied its obligation for school
facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter
20.44, and will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No.
17 and will be collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 8 is required by
Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
e. 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.
12. This project has been conditioned to comply with any requirement
approved as part of the Local Facilities Management Plan for Zone 8.
13. The project is consistent with the Comprehensive Land Use Plan (CLUP)
for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant
shall record a notice concerning aircraft noise. The project is compatible with the
projected noise levels of the CLUP; and, based on the noiselland use compatibility
matrix of the CLUP, the proposed land use is acceptably compatible with the airport, in
that it is within the 60-65 CNEL contour created by the airport.
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14. That the project is consistent with the City's Landscape Manual (Carlsbad
Municipal Code Section 14.28.020 and Landscape Manual Section I B).
15. The City Council has reviewed each of the exactions imposed on the
Developer contained in this resolution, and hereby finds, in this case, that the exactions
are imposed to mitigate impacts caused by or reasonably related to the project, and the
extent and the degree of the exaction is in rough proportionality to the impact caused by
the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final
map.
1. If any of the following conditions fail to occur; or if they are, by their terms,
to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval
of this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to
make, all corrections and modifications to the Tentative Map documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
approval.
3. Developer shall comply with all applicable provisions of federal, state, and
local laws and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or
the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on
this Project are challenged, this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
5. Developer shall implement, or cause the implementation of, the Project
Mitigation Monitoring and Reporting Program
6. 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,
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Resolution No. 2004-068 page 5
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 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.
7, Developer shall submit to the Planning Department a reproducible 24” x
36,” mylar copy of the Tentative Map reflecting the conditions approved by the final
decision making body.
8. 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.
9. 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.
IO. The project shall comply with all conditions and mitigation measures
required as part of the Zone 8 Local Facilities Management Plan and any amendments
made to that Plan prior to the issuance of building permits.
11. 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
Building and Code Enforcement Managers 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.
12. This approval is granted subject to the approval of PUD 02-02, CDP 02-05
and HDP 02-01 and is subject to all conditions contained in City Council Resolutions
Nos. 2004-074 , 2004-069 and 2004-070 for that approval.
13. Approval is granted for CT 02-06 as shown on Exhibits “A” - “D” dated
September 3, 2003, on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
14. Prior to issuance of a grading permit, Developer shall submit and obtain
Planning Director approval of a Final Landscape and Irrigation Plan for slopes and
common areas showing conformance with the approved Preliminary Landscape Plan
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and the City’s Landscape Manual. Developer shall construct and install all landscaping
as shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris. The landscape plan shall include
design and location for all perimeter fencing, gates, decorative hardscape, and
landscape.
15. This approval shall be null and void if the project site subject to this
approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval.
The City shall not issue any grading, building, or other permit, until the annexation is
completed. The City Manager is authorized to extend the 60 days, for a reasonable
period, upon a showing of good cause.
16. Developer shall establish a homeowner’s association and corresponding
covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
permit the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but
not the obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall
be provided to the City in advance. If the proposed amendment affects the City, City
shall have the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and
Easements. In the event that the Association fails to maintain the “Common Area Lots
and/or the Association’s Easements” as provided in the CC&Rs the City shall have the
right, but not the duty, to perform the necessary maintenance. If the City elects to
perform such maintenance, the City shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the City finds to be required and requesting the same be carried out
by the Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association’s Easements within the period specified by the City’s notice, the
City shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the Citv. 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
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Resolution No. 2004-068 page 7
Owner in the Project, together with a statement that if the Association fails to pay such
invoice in full within the time specified, the City will pursue collection against the Owners
in the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If the
Association shall fail to pay such invoice in full within the period specified, payment shall
be deemed delinquent and shall be subject to a late charge in an amount equal to six
percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and remedies
available to the City, the City may levy a special assessment against the Owners of
each Lot in the Project for an equal prorata share of the invoice, plus the late charge.
Such special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in the
Project hereby vests the City with the right and power to levy such special assessment,
to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue
lien foreclosure procedures against any Owner and hidher respective Lot for purposes
of collecting such special assessment in accordance with the procedures set forth in the
CC&Rs.
e. Landscape Maintenance Responsibilities. The HOAs and
individual lot or unit owner landscape maintenance responsibilities shall be as set forth
in Exhibit
f. Balconies, trellis and decks. The individual lot or unit owner
allowances and prohibitions regarding balconies, trellis and decks shall be as set forth
in Exhibit
g. Fire Suppression. Residential lots are subject to the fire
suppression restrictions as set forth in Exhibit
h. Building Restrictions. In addition to all applicable City of Carlsbad
development standards, all structures on lots I, 2, and 3 are limited to development as
single story. Single story is defined as a maximum plate-line height of 15 feet and a
maximum building height to the roof ridge of 23 feet. All structures on lots 4 and 5 are
limited to a maximum height to the roof ridge of 30 feet and no more than two stories as
defined in Carlsbad Municipal Code section 21.04.330.
17. Prior to issuance of a grading permit, 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.
18. Developer shall pay the citywide Public Facilities Fee imposed by City
Council Policy #17, the License Tax on new construction imposed by Carlsbad
Municipal Code Section 5.09.030, and CFD #I special tax (if applicable), subject to any
credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also
pay any applicable Local Facilities Management Plan fee for Zone 8, pursuant to
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Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the
taxedfees are not paid, this approval will not be consistent with the General Plan and
shall become void.
19. Developer shall prepare and record a notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a
form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #2 on file in the Planning Department).
20. Prior to issuance of building permits, the Developer shall record an
Avigation Easement for the property to the County of San Diego and file a copy of the
recorded document with the Planning Director.
21. Developer shall provide an irrevocable offer of dedication to the City of
Carlsbad on the final map for a trail easement for trail(s) as shown on the tentative map
within lots 1 and 7. Prior to the issuance of any residential building permits, the trail
shall be constructed as a public trail for public use. The trail may be accepted by the
City of Carlsbad upon future adoption of a Citywide Trails Program that includes
provisions for maintenance and liability. Otherwise, prior to issuance of any residential
building permits, the obligation for acceptance, construction, maintenance, and liability
of the trail shall be the responsibility of another agency designated by the City or the
responsibility of the Homeowner’s Association.
22. Developer shall dedicate on the final map, an open space conservation
easement over all of Lot 7 of CT 02-06 to prohibit any private encroachment or
development, including but not limited to decks, storage buildings, pools, spas,
stainvays and non-native landscaping. Structures that reduce the potential for localized
erosion and slide hazards, habitat restoration, habitat conservation, habitat
enhancement, designated public trail, and operation and maintenance of existing storm
water facilities are allowed.
23. Prior to approval of the final map or issuance of a grading permit,
whichever occurs first, the Developer shall take the following actions to the satisfaction
of the Planning Director in relation to the open space lot (Lot 7):
a. Select a conservation entity, subject to approval by the Planning
Director, that possesses the necessary qualifications to hold title to Lot 7 and manage it
for conservation purposes.
b.
acceptable to the City for estimating the costs of management and monitoring of the
open space lot in perpetuity.
Prepare a Property Analysis Record (PAR) or other method
c. Based on the results of the PAR, provide a non-wasting
endowment to the selected conservation entity in an amount sufficient for management
and monitoring of Lot 7 in perpetuity.
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d.
map.
24. As
Transfer fee title to Lot 7 to the selected conservation entity at final
condition of this approval, applicant must comply with the
requirements of all regulatory agencies having jurisdiction over the project and any
mitigation requirements of the environmental documents for the project. Pursuant to
Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04,
section 20.04.140 applicant shall grant a conservation easement for the conservation,
protection, and management of fish, wildlife, native plants and the habitat necessary for
biologically sustainable populations of certain species thereof, in accordance with the
City’s adopted Habitat Management Plan.
25. All construction activities shall be planned so that grading will occur in
units that can be easily completed within the summer construction season. All grading
operations shall be limited to be between April 1 and October 1 of each year. All areas
disturbed by grading shall be planted within 60 days of initial disturbance and prior to
October 1 with temporary or permanent (in the case of finished slopes) erosion control
methods. The October 1 grading season deadline may be extended with the approval
of the City Engineer subject to implementation by October 1 of special erosion control
measures designed to prohibit discharge of sediments off-site during and after the
grading operation. Extensions beyond November 15 may be allowed in areas of very
low risk of impact to sensitive coastal resources and may be approved either as part of
the original coastal permit or as an amendment to an existing coastal development
permit.
26. If any of the responsible Resource Agencies prohibit grading operations
during the summer grading period in order to protect endangered or rare species or
sensitive environmental resources, then grading activities may be allowed during the
winter by this coastal development permit provided that appropriate best management
practices (BMPs) are incorporated to limit potential adverse impacts from winter grading
activities.
27. Removal of native vegetation other than that approved as part of the
grad i ng plan , improvement plans , biological re-veg etation program, and/or landscape
plan is specifically prohibited, except upon written order of the Carlsbad Fire
Department for fire prevention purposes, or upon written approval of the Planning
Director, based upon a request from the Homeowners Association accompanied by a
report from a qualified botanist indicating the need to remove specified plants because
of disease or impending danger to adjacent habitable dwelling units. This restriction
shall also be included in the CC&Rs established for the project.
28. At issuance of building permits, or prior to the approval of a final map
and/or issuance of certificate of compliance for the conversion of existing apartments to
air-space condominiums, the Developer shall pay to the City an inclusionary housing in-
lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in
effect at the time, as amended by City Council Resolution from time to time.
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Enqineerinq Conditions
Genera I
30. Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, Developer shall apply for and obtain approval from,
the City Engineer for the proposed haul route.
31. Prior to issuance of any building permit, Developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formally established by the City.
32. Developer shall provide to the City Engineer, an acceptable means,
CC&Rs andlor other recorded document, for maintaining the private easements within
the subdivision and all the private improvements: streets, sidewalks, street lights, and
storm drain facilities located therein and to distribute the costs of such maintenance in
an equitable manner among the owners of the properties within the subdivision.
33. Prior to occupancy, Developer shall install rain gutters to convey roof
drainage to an approved drainage course or street to the satisfaction of the City
Engineer.
34. There shall be one Final Map recorded for this project.
Fees/Ag re em en t s
35. 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.
36. 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.
37. Developer shall cause property owner to execute, record and submit a
recorded copy to the City Engineer, a deed restriction on the property which relates to
the proposed cross lot drainage as shown on the tentative map. The deed restriction
document shall be in a form acceptable to the City Engineer and shall:
a. Clearly delineate the limits of the drainage course;
b. State that the drainage course is to be maintained in perpetuity by
the underlying property owner; and
c. State that all future use of the property along the drainage course
will not restrict, impede, divert or otherwise alter drainage flows in a manner that will
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result in damage to the underlying and adjacent properties or the creation of a public
nu i sa n ce .
38. Prior to approval of any grading or building permits for this project,
Developer shall cause Owner to give written consent to the City Engineer to the
annexation of the area shown within the boundaries of the subdivision into the existing
City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation
or annexation into an additional Street Lighting and Landscaping District. Said written
consent shall be on a form provided by the City Engineer.
Grading
39. Based upon a review of the proposed grading and the grading quantities
shown on the tentative map, a grading permit for this project is required. Developer shall
apply for and obtain a grading permit from the City Engineer prior to issuance of a
building permit for the project.
40. Prior to the issuance of a grading permit or building permit, whichever
occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention
for the start of work has been submitted to the State Water Resources Control Board.
41. Upon completion of grading, Developer shall file an "as-graded" geologic
plan with the City Engineer. The plan shall clearly show all the geology as exposed by
the grading operation, all geologic corrective measures as actually constructed and
must be based on a contour map, which represents both the pre and post site grading.
The plan shall be signed by both the soils engineer and the engineering geologist, and
shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a
permanent record.
42. This project requires off site grading. No grading for private improvements
shall occur outside the limits of this approval unless Developer obtains, records and
submits a recorded copy to the City Engineer a grading or slope easement or
agreement from the owners of the affected properties. If Developer is unable to obtain
the grading or slope easement, or agreement, no grading permit will be issued. In that
case Developer must either apply for and obtain an amendment of this approval or
modify the plans so grading will not occur outside the project and apply for and obtain a
finding of substantial conformance from both the City Engineer and Planning Director.
Ded ications/l m provements
43. Developer shall cause Owner to execute a covenant of easement for
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.
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44. 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.
All land so offered shall be offered free and clear of all liens and encumbrances and
without cost. Streets that already public are not required to be rededicated.
45. 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.
46. Developer shall provide the design of all private streets and drainage
systems to the satisfaction of the City Engineer. The structural section of all private
streets shall conform to City of Carlsbad Standards based on R-value tests. All private
streets and drainage systems shall be inspected by the City. Developer shall pay the
standard improvement plancheck and inspection fees.
47. Developer shall execute a City standard Subdivision Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the tentative map and the following improvements including,
but not limited to, design of all private streets and drainage systems to the satisfaction
of the City Engineer. The structural section of all private streets shall conform to City of
Carlsbad Standards based on R-value tests. All private streets and drainage systems
shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
48. Developer shall execute a City standard Subdivision Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the tentative map and the following improvements including,
but not limited to, paving, base, signing & striping, sidewalks, curbs and gutters,
medians, grading, clearing and grubbing, undergrounding or relocation of utilities,
sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City
Standards and to the satisfaction of the City Engineer. The improvements are:
a. Twain Avenue to cul-de-sac standards
b. Twain Avenue off-site in adjacent project CT 97-16 to cul-de-sac
standards to match the proposed alignment.
A list of the above shall be placed on an additional map sheet on the Final Map
per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the subdivision or
development improvement agreement or such other time as provided in said
agreement.
49. Twain Avenue shall be dedicated along the project frontage based on a
cul-de-sac right-of way configuration and in conformance with City of Carlsbad
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Standards. Developer shall acquire sufficient title or interest to permit the
improvements in the adjacent project, Carlsbad Tract CT 97-16, to match the proposed
cul-de-sac alignment.
49. Developer shall have the entire drainage system designed, submitted to
and approved by the City Engineer, to ensure that runoff resulting from IO-year
frequency storms of 6-hours and 24-hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration under
existing developed conditions. Both 6-hour and 24-hour storm durations shall be
analyzed to determine the detention basin capacities necessary to accomplish the
desired results. Drainage shall include downstream protection of drainage patterns to
prevent potential erosion.
50. Prior to the issuance of grading permit or building permit, whichever
occurs first, Developer shall submit for City approval a “Storm Water Pollution
Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current
requirements and provisions established by the San Diego Region of the California
Regional Water Quality Control Board and City of Carlsbad Requirements. The
SWPPP shall address measures to reduce to the maximum extent practicable storm
water pollutant runoff during construction of the project. At a minimum, the SWPPP
shall:
a. include all content as established by the California Regional Water
Quality Control Board requirements;
b. include the receipt of “Notice of Intent” issued by the California
Regional Water Quality Control Board;
c. recommend source control and treatment control Best Management
Practices (BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging to
City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
51. Prior to the issuance of grading permit or building permit, whichever
occurs first, Developer shall submit for City approval a “Storm Water Management Plan
(SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad
Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the San
Diego Region of the California Regional Water Quality Control Board and City of
Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter
said pollutants from storm water, to the maximum extent practicable, for the post-
construction stage of the project. At a minimum, the SWMP shall:
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a. Identify existing and post-development on-site pollutants-of-
concern ;
b. Identify the hydrologic unit this project contributes to and impaired
water bodies that could be impacted by this project;
C. Recommend source controls and treatment controls that will be
implemented with this project to avoid contact or filter said pollutants from storm water
to the maximum extent practicable before discharging to City right-of-way;
d. Establish specific procedures for handling spills and routine clean
up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants;
e.
perpetuity; and
Ensure long-term maintenance of all post construct BMPs in
f. Identify how post-development runoff rates and velocities from the
site will not exceed the pre-development runoff rates and velocities to the maximum
extent practicable .
52. Prior to occupancy, Developer shall install streetlights along all public and
private street frontages abutting and/or within the subdivision boundary in conformance
with City of Carlsbad Standards.
53. Prior to occupancy, Developer shall install sidewalks along all public
streets abutting the subdivision boundary in conformance with City of Carlsbad
Stand a rd s .
54. Prior to occupancy, Developer shall install wheelchair ramps at the public
street corners abutting the subdivision in conformance with City of Carlsbad Standards.
55. 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 consisting of an extended concrete spillway
section with longitudinal curbing and/or radially designed riprap, or other means
deemed appropriate, to the satisfaction of the City Engineer.
Final Map Notes
56. Developer shall show on Final Map the net developable acres for each
parcel .
57. Note(s) to the following effect(s) shall be placed on the map as non-
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Resolution No. 2004-068 page 15
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mapping data:
a. All improvements are privately owned and are to be privately
maintained with the exception of the following: Twain Avenue cul-de-sac
b. Building permits will not be issued for development of the subject
property unless the appropriate agency determines that sewer and water facilities are
available.
c. Geotechnical Caution: The owner of this property on behalf of itself
and all of its successors in interest has agreed to hold harmless and indemnify the City
of Carlsbad from any action that may arise through any geological failure, ground water
seepage or land subsidence and subsequent damage that may occur on, or adjacent to,
this subdivision due to its construction, operation or maintenance.
d. Covenant of easement recording information.
Water
58. Prior to approval of improvement plans or final map, Developer shall meet
with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant
locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water
mains to the satisfaction of the District Engineer.
59. The Developer shall design and construct public facilities within public
right-of-way or within minimum 20-feet wide easements granted to the District or the
City of Carlsbad. At the discretion of the District Engineer, wider easements may be
required for adequate maintenance, access and/or joint utility purposes.
60. Prior to issuance of building permits, Developer shall pay all fees,
deposits, and charges for connection to public facilities. Developer shall pay the Sari
Dieqo County Water Authoritv capacity charqe(s2 prior to issuance of Building Permits.
61. The Developer shall prepare a colored recycled water use map and
submit this map to the Planning Department for processing and approval by the District
Engineer.
62. The Developer shall design landscape and irrigation plans utilizing
recycled water as a source. Said plans shall be submitted to the satisfaction of the
District Engineer.
63. The Developer shall install potable water and/or recycled water services
and meters at a location approved by the District Engineer. The locations of said
services shall be reflected on public improvement plans.
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64. The Developer shall install sewer laterals and clean-outs at a location
approved by the District Engineer. The locations of sewer laterals shall be reflected on
public improvement plans.
65. The Developer shall design and construct public water, sewer, and
recycled water facilities substantially as shown on the Tentative Map to the satisfaction
of the District Engineer. Proposed public facilities shall be reflected on public
improvement plans.
66. This project is approved upon the express condition that building permits
will not be issued for the development of the subject property, unless the District
Engineer has determined that adequate water and sewer facilities are available at the
time of occupancy. A note to this effect shall be placed on the Final Map, as non-
mapping data.
67. Prior to Final Map approval or issuance of building permits, whichever is
first, the entire potable water, recycled water, and sewer system shall be evaluated in
detail to ensure that adequate capacity, pressure, and flow demands can be met to the
satisfaction of the District Engineer.
68. Prior to Final Map approval, Developer shall install a total of 6 water
meters for the project. Developer shall install 5 potable water meters for residential use
and 1 irrigation meter to irrigate the common areas (Homeowner’s Association).
69. The Developer shall submit a detailed sewer study, prepared by a
Registered Engineer, that identifies the peak flows of the project, required pipe sizes,
depth of flow in pipe, velocity in the main lines, and the capacity of the existing
infrastructure. Said study shall be submitted concurrently with the improvement plans
for the project and the study shall be prepared to the satisfaction of the District
Engineer.
70. The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire flow
demands). The study shall identify velocity in the main lines, pressure zones, and the
required pipe sizes. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the District
Engineer.
71. The Developer shall submit a detailed recycled water study, prepared by a
Registered Engineer that identifies the peak demands of the project. The study shall
identify velocity in the main lines and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the District Engineer.
72. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of the sewer force main laterals required to
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Resolution No. 2004-068 page 17
serve the project.
Engineer.
Said plans shall be prepared to the satisfaction of the District
73. Prior to the submittal of improvement plans, the Developer shall submit
and receive approval of a design study prepared by a Registered Engineer that
identifies the:
a. suggested site layout of sewer lift station;
b. size, type, and number of sewer pumps required;
c. type and availability of electricity (2 or 3 phase);
d. alignment of force main;
e. the hydraulic grade line of the force main;
f. surge analysis on force main;
g. size, type, length of force main;
h. size of wet well;
i. resident time of sewage from wet well to top of force main;
j. anticipated flow during initial occupancy of units;
k. maintenance schedule required to cycle pumps during low flows of
initial occupancy of units;
I. suggested type of chemical injection;
m. odor control;
n. corrosion protection;
0. size and type of back-up generator; and
p. schematic of Telemetry.
Said study shall be prepared to the satisfaction of the District Engineer.
- Fire
74. Perimeter slope landscape shall be designed to be compatible with fire
suppression principals and shall be of plant species that are native, non-invasive, and
drought tolerant.
75. Prior to issuance of building permits, the property owner of record shall
demonstrate compliance with the City of Carlsbad Landscape Manual, Section 1I.C Fire
Protection Plan to the satisfaction of the Fire Marshal.
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Resolution No. 2004-068 page 18
76. The fire hydrant at the end of the cul-de-sac shall be relocated to the north
and east to a spot near the street light along the slope to the satisfaction of the Fire
Marsh a I.
Special
77. The applicant shall cause the General Plan Amendment (GPA 03-01),
Zone Change (ZC 03-01), and Local Coastal Program Amendment (LCPA 03-01) to be
submitted to the City Council no later than 90 days of final map recordation.
Code Reminders
78. Developer shall pay park-in-lieu fees to the City, prior to the approval of
the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
79. Developer shall pay a landscape plan check and inspection fee as
required by Section 20.08.050 of the Carlsbad Municipal Code.
80. 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.
81. The tentative map shall expire twenty-four (24) months from the date this
tentative map approval becomes final.
82. Developer shall exercise special care during the construction phase of this
project to prevent off-site siltation. Planting and erosion control shall be provided in
accordance with Carlsbad Municipal Code Chapter 15.1 6 (the Grading Ordinance) to
the satisfaction of the City Engineer.
83. Some improvements shown on the tentative parcel map and/or required
by these conditions are located off-site on property which neither the City nor the owner
has sufficient title or interest to permit the improvements to be made without acquisition
of title or interest. The Developer shall immediately initiate negotiations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for
conven ie n ce as “fees/exact ion s . ”
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Resolution No. 2004-068 page 19
You have 90 days from date of approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code
Section 66020(a), and file the protest and any other required information with the City
Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030.
Failure to timely follow that procedure will bar any subsequent legal action to attack,
review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified
feedexactions DOES NOT APPLY to water and sewer connection fees and capacity
charges, nor planning, zoning, grading or other similar application processing or service
fees in connection with this project; NOR DOES IT APPLY to any feedexactions of
which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 2nd day of
March , 2004 by the following vote, to wit:
AYES:Council Members Lewis, Finnila, Kulchin, Hall and Packard
- NOES: None
ABSENT: None
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LORRAINE M. WOOD, City Clerk
20 a7 Resolution No. 2004-068 page 20