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2004-02-18; Planning Commission; ; CT 99-06X1 - PALOMAR FORUM
fPhe City of Carlsbad Planning Departmef A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: February 18, 2004 Item No.@ Application complete date: October 17, 2003 Project Planner: Anne Hysong Project Engineer: Clyde Wickham SUBJECT: CT 99-06xl -PALOMAR FORUM -Request for a one year extension to allow for the final map to be approved on property located north of Palomar Airport Road between Melrose Drive and Business Park Drive in Local Facilities Management Zone 18. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5568 APPROVING a retroactive one-year extension of CT 99-06xl based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The owners of Carlsbad Tract CT 99-06 have requested a one-year extension for the tentative map of a 12-lot subdivision on a 70.6-acre parcel of land located north of Palomar Airport Road between Melrose Drive and Business Park Drive. The proposed one-year extension of Carlsbad Tract CT 99-06 would allow the final map to be filed after the applicant has proceeded with the final design and satisfied conditions of approval. III. PROJECT DESCRIPTION AND BACKGROUND The project proposes to subdivide and grade the 70.6-acre Palomar Forum property into 12 industrial lots. The Palomar Forum property is located adjacent to and north of Palomar Airport Road in the City's northeast quadrant. The property is surrounded by Carlsbad Raceway industrial park development to the north, vacant industrial property and a small commercial development in the City of Vista to the east, Palomar Airport Road to the south, and the existing Carlsbad Oaks East industrial park to the west. The proposed industrial lots range in size from 1. 1 acre to 8. 7 acres. Future development of the industrial lots will require Planning Director approval of a Planned Industrial Permit. The project site includes a 50-foot (minimum) landscape buffer along Melrose Drive and 35-foot landscape setbacks along the project's internal streets. The Raceway property is a hardline area in the City's draft HMP, which identifies it as a part of a linkage (Linkage Area D) that connects core areas to the north and south of the property. Consistent with the HMP, a proposed 400' wide north-south habitat corridor that incorporates the existing SDG&E easement bisects the eastern portion of the property and connects to an east-west habitat corridor that extends along the adjacent property north of this project. CT 99-06xl-PALOMAR,ORUM February 18, 2004 Page2 The subdivision is conditioned to construct Palomar Airport Road along the frontage of this project and to construct Melrose Drive between Palomar Airport Road and its existing southerly terminus in the City of Vista as well as to construct the internal streets (within the subdivision) to City standards. The project is also required, as a condition of the Zone 18 Local Facilities Management Plan, to participate in the financing and construction of Faraday Avenue from Melrose Drive to Orion Way. The applicant has made a timely and complete submittal, and staff has agreed to process the request for a final one-year extension since the developer experienced delays in processing due to district formation and financial complications of the project. Staff concurs with the applicant that the delays are reasonable and justifiable to warrant a one-year extension. The proposed tentative map complies with all requirements of the City' Subdivision Ordinance. All infrastructure improvements including frontage and project related roadways and construction of drainage and sewer facilities will be installed concurrent with development. The original conditions of approval cited in Planning Commission Resolution No. 5034 are still applicable to the project. IV. ANALYSIS The applicant has been diligent in pursuing all items requested for the Tentative Map extension. As stated above, the project remains in compliance with current codes, policies and growth management requirements. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). A Final Mitigated Negative Declaration for the Palomar Forum Tentative Tract Map, CT 99-06, was adopted by the City Council on December 4, 2001. Pursuant to CEQA Guidelines, staff has determined that a Subsequent Negative Declaration is not required for the proposed tentative map extension in that no new circumstances have occurred, no new substantial changes are proposed, and there is no new information of substantial importance that indicates that significant effects of the project are more severe than previously analyzed or that previous infeasible mitigation measures are now feasible or that new mitigation measures not previously analyzed that are considerably different would reduce one or more significant effects. Therefore, there is no substantial evidence in light of the whole record that the project with mitigation agreed to by the project applicant will have a significant effect on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5568 (CT) 2. Location Map 3. Request for Tentative Map Extension 4. Disclosure Statement 5. Planning Commission Resolution No. 5034 6. Reduced Exhibits 7. Exhibits "A" -"CC", dated August 15, 2001 • PALOMAR FORUM CT 99-06x1 e DAVIS PARTNE~ LIMITED LIABILITY COMPANY January 6, 2004 Mr. Glenn Pruim, City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Tentative Parcel Map CT 9:2~6 Extension s;iJw;: ·;~l--,._ .... 1e,~,..._~-~- Dear Mr. Pruim: RECEIVED JAN 07 2004 ENGINEERING DEPARTMENT We commenced filing our Tentative Parcel Map extension in September 2003. In June 2003, the City Council allowed us to finish processing our map with some changes on timing of certain conditions. You are in receipt of our letter to the City Council dated September 22,2003( attached) explaining the issues we have been diligently trying to conclude in order to record our final map. Unfortunately we were unable to conclude all those items prior to the expiration of our tentative parcel Map and found it necessary to file for a map extension. Hopefully this explanation answers any questions regarding our need for the map extension; however, if you do have any additional questions please do not hesitate to call. Sincerely yours, n II t. ,)Lt_µ__ 1"'l<>nn ....... oJ-.J Principal cc: Hofi:nan Planning enc: 1420 BRISTOL STREET NORTH• SUITE 100 • NEWPORT BEACH• CA 92660 TEL: 949.752.2066 • FAX: 949.752.8776 DAVIS PARTNER) L(MITF.O LIA8ILITY COMPANY MEMORANDUM September 22, 2003 City of Carlsbad Mayor Buddy Lewis and City Councilmembers 1200 Carlsbad Village Drive Carlsbad, CA 92008 SUBJECT: Palomar Forum Project, CT 99-06. Dear Mayor and Council Members: The purpose of this letter is twofold. First, you have our sincere than.ks for your approval on June 3, 2003 that allowed our map to go forward. Without that approval, this project's survival would not have occurred and you would never be receiving this letter. Instead everything would be at a dead stop with our property mired in the same quagmire as the previous Raceway owners. Due to your approval, we have been able to get our lender and financial partners to see this through to completion. Secondly, this letter gives you an update on our activities over the last three months and an expectation when we will be back before Council for final map recordation. The final map requirements have and continue to be worked on at a feverish pace to be ready to submit for recordation. This process has been extremely protracted and complicated for the following reasons: l. Our June 3, 2003 hearing triggered changes to our grading and improvement plans to accommodate the new requirement to delay the construction of Melrose Avenue at the City's discre~ion. Toe Waiver and Consent Document between Davis Partners and the City created different timelines, Subdivision Agreement changes and considerable changes to the currently approved plans. It precipitated changes to all the contracts, extended the public bid process and new constraints of construction for this interim step. We have completed these changes and finalized the public bid process for this step. 2. Due to the tentative map taking so long to get to recordation status, numerous conditions and agreements that had been concluded have since expired and have had to be reissued. Examples of some of these are: County Tax Bond calculation, Dry Utility contracts, available mitigation property, etc. 3. The task that has been the most difficult to conclude has been our obligation to post bonds for the Raceway Property's improvements. Bonding for our on-site improvements has been relatively easy to obtain. The off-site bonding requirements for the Raceway property (Street A and Melrose Avenue totaling $7,000,000) have been a little more difficult to obtain. Raceway, due to their bankruptcy, is further behind in its process so it is not at the point yet where it will provide bonding for its own improvements. An officer of the bonding _company told me that this has been the most complicated set of bonds that he has seen in 30 years. The predicament that we had was obtaining the collateral for the Raceway improvement bonds. To satisfy this requirement, we have been forced to revise most of the financial instruments of our project including revising and increasing our loan documents, partnership documents and specialized contracts and security with the bonding company. In addition to these additional requirements, and because of the struggles in the Surety community, there are only a few bonding companies that can provide us the bonding. Unfortunately for us, it puts them in a position to demand whatever they want. We believe that we have just about brought all of these issues to conclusion and should be in a position to post the necessary bonds. Over the uext two weeks we should have everything concluded to allow the map to be scheduled for recordation. Adding the staff time needed to prepare the agenda bill, we hope to be back before you within 30 days. Thank you for your understanding and patience on our process. If you have any questions, please do not hesitate to call me. Sincerely yours, C?7>~~.V\--- Larry E. Nelson Principal Cc: City Manager Lloyd Hubbs Glenn Pru.im City of Carlsbad I :.iFi ,I ,i i ,i· ■ •J4·t• a I ,,14 ,ii DISCLOSURE STATEMENT Applicant's statement or disclosure of certain O\Vllership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, assoc1anon, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county; city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. l. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the • names, title, addresses of all individuals owning more than· 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ____________ _ Title __ __;_ _________ _ Address ___________ _ 2. _OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal O\Vllership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ____________ _ Title ____________ _ Address ___________ _ Corp!part?.0,\D1Y){A,t FQr~ M$DUotk&j~:'P. T.A1 ~\ {fOYf\ 1(,l 1 i vn ,+ea pMtviev-~n, p It e ______________ _ Address lL:\aD :j2X(stol S.t. N-/~~,ro NlWfDr-\ "BealVl; C4 C\ollt>icO 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ -3. NON-PROFIT ORGAi'fIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust_________ Non Profit!Trust __________ _ Title _____________ _ Titie -------------------Address ___________ _ Address --------------- 4. Have you had more than $250-worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0Yes (KJ No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant wner/applicant's agent if appl cable/date e name of owner/applicant's agent H:ADMIN\COUNTERIDISCLOSURE STATEMENT 5198 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBADTRACT NUMBER CT 99-06 TO SUBDIVIDE 70.6 ACRES INTO 12 LOTS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN MELROSE DRIVE AND BUSINESS PARK DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: PALOMAR FORUM CASE NO.: CT 99-06 WHEREAS, Davis Partners, LLC, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Palomar Forum Associates, LP, "Owner", described as Portions of Sections 13 and 18, Township 12 South, Range 4 West, San Bernardino Meridian, and all that portion of Sectionr 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the plat thereof. ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) "A" -"CC" dated August 15, 2001, on file in the Planning Department, PALOMAR FORUM -CT 99-06, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of August, 2001, on the 3rd day of October 2001, and on the 17th day of October 2001 hold a duly noticed public hearing as prescribed by law to consider said request; and 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES PALO MAR FORUM -CT 99-06, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 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 land uses since surrounding properties to the north and west are designated for and developed with Planned Industrial land uses, and property to the east consists of existing commercial development in the City of Vista. The project is also compatible with residentially designated and developed property to the south in that the uses are separated by Palomar Airport Road, and environmental mitigation measures are imposed on the project to prohibit the future use and storage of hazardous materials except as permitted by the Carlsbad Fire Department. 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 all of the requirements of the P-M zone 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. 7. 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 PC RESO NO. 5034 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 been designed in accordance with the best Management Practices for water quality 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. 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 mitigation required by the Mitigated Negative Declaration issued for the project dated July 15, 2001 will reduce potentially significant environmental impacts to circulation, hazards, air quality, and biological resources to below significant level. 9. The City Council/ Planning Commission 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 August 15, 2001, including, but not limited to the following: A. Land Use -The site is designated for Planned Industrial land use and the proposed industrial lots are consistent with the Planned Industrial General Plan designation. The redesignation of the wildlife habitat corridor open space easement to Open Space is consistent with the General Plan to redesignate and preserve natural resource areas. B. Circulation -The project will construct Melrose Drive from Palomar Airport Road to its existing terminus in the City of Vista, provide roadway improvements to Palomar Airport Road including median, signalization, additional turn lanes and curb and gutter, and financially guarantee the construction of Faraday Avenue extension between Orion Way and Melrose Drive. C. Noise -Temporary construction activities would be required to comply with the City's noise standards. D. Housing -The project is conditioned to pay a non-residential affordable housing impact linkage fee if adopted by City Council. E. Open Space and Conservation -The project preserves 1. 7 acres of open space consistent with the City's HMP and redesignates and rezones the open space easement to General Plan Open Space (O-S). The project also dedicates . 7 acre of open space as a mini-park at the intersection of Melrose Drive and Palomar Airport Road that includes a Citywide Trail segment. F. Public Safety -Mitigation measures are required to avoid exposure to contaminated soils and to significantly reduce risk of exposure to hazardous substances stored within the subdivision. All required streets, sidewalks, street lights, and fire hydrants will be constructed in accordance with City standards. Compliance with the P-M zoning regulations at the time the proposed lots are developed will ensure consistency with the McClellan- Palomar Airport Land Use Plan (CLUP) provisions for development within the flight activity zone. PC RESO NO. 5034 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. G. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 18 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 fa1/ilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically; 1. 2. 3. 4. The project has been conditioned to provide proof from the Sao Marcos Unified School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 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. Special conditions for drainage, sewer, water and circulation facilities as specified in the Zone 18 LFMP amendment (LFMP 87-18(B)). 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 P-M zone standards for use and building height, and the City's interior noise standards for office and industrial uses will be implemented for future development. This project incorporates all findings of Planning Commission Resolutions 5031, 5032, 5033, 5035, and 5036. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of final map or issuance of grading permit, whichever occurs first. 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 PC RESO NO. 5034 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. . 6. 7. 8. 9. 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 oflaw. The Developer shall implement, or cause the implementation of, the Palomar Forum 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 or resulting from the location of the project within the flight activity zone of McClellan Palomar Airport. 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 Engineering Department 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the San Marcos Unified School District that this project has satisfied its obligation to provide school facilities. PC RESO NO. 5034 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. This project shall -comply with all conditions and mitigation measures which are required as part of the Zone 18 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 nonresidential building. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Addendum GPA 01-07, ZC 01-06, HDP 99-03, PIP 01-03, and is subject to all conditions contained in Planning Commission Resolutions 5031, 5032, 5033, 5035, and 5036 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. Housing (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 his/her/their 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. Landscape 14. 15. 16. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The 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 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. Prior to approval of a final map or issuance of a grading permit, whichever occurs first, the Developer shall execute a document or documents to the satisfaction of the PC RESO NO. 5034 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. Planning Director and the City Attorney which accomplish at a minimum the following: A. B. C. continued ownership of open spac;e lot 11 by the Developer or its successor in interest; while in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. {The cost of management is currently estimated to be approximately $85.00 per acre per year). The Palomar Forum industrial project (Lots 1 -10) shall be limited to a total of 809,714 square feet of building area in accordance with the Zone 18 Local Facilities Management Plan buildout projections. 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. General Enforcement by 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. 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 Associ!ltion 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. PC RESO NO. 5034 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. E. F. G. H. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ___ of this Declaration. 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 for the "mini"'.'park" located west of Melrose Drive which shall serve employees of the Carlsbad Raceway Business Park and Palomar Forum industrial development shall be shared with the Carlsbad Raceway Business Park based on the percentage of industrial pad area in each development. The development of each lot within the subdivision shall comply with environmental mitigation measures set forth in Planning Commission Resolution 5031 dated August 15, 2001. • Open Space Maintenance Responsibilities: The Association open space maintenance responsibilities for Open Space Lot 11, 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 some future date at which time ownership will be transferred to the City or its designee for perpetual maintenance. Open Space Maintenance Financial Responsibility/Obligation: Simultaneous with the transfer of ownership of open space Lots 11 to the City or its designee, the Association shall provide funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The PC RESO NO. 5034 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. 23. 24. I. cost of management is currently estimated to be approximately $85.00 per acre per year). Total Building Square Footage Monitoring Obligation: The total square footage permitted within the Palomar Forum industrial project shall be limited to 809,714 square feet of building area. Prior to building permit submittal for any structure on any lot within the subdivision (Lots 1 -10), the HOA shall review the plans and ensure that a tabulation of total square feet to date is provided. The tabulation of total square feet shall be shown on the building plan set; otherwise, building plans will be rejected by the City. The Association shall ensure that every lot within the Palomar Forum industrial project is guaranteed a share of the total building area. 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. Prior to approval of the final map, 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. 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 issued a(n) tentative tract map, hillside development permit, and planned industrial permit by Resolution(s) No. 5034, 5035, and 5036 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. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. 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 shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and PC RESO NO. 5034 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 25. The Developer shall dedicate on the final map, an open space easement for lots 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, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, except as shown on Exhibits "A" -"CC" dated August 15, 2001. 26. Removal of native vegetation and development of Open Space Lot(s) 11, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits "A" -"CC", 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 arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. 27. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Lot 12. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Owners Association). 28. Prior to final map approval, the applicant shall submit a sign program for signage in compliance with Chapter 21.41 of the Carlsbad Municipal Code (Sign Ordinance), for all future signage on Lots 1 -12 of the Palomar Forum tentative tract map including Trail signage in accordance with the signage provisions of the City's Open Space Conservation and Resource Management Plan. The sign program shall be subject to Planning Director approval. General Note: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map. 29. 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. 30. 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 PC RESO NO. 5034 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the private improvements: storm water quality treatment facilities, landscaping, 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 31. There shall be one Final Map recorded for this project. 32. . Prior to issuance of a grading permit or approval of the final map, the Boundary Adjustment along the north side of this project shall be approved and recorded. The appropriate recording information shall be placed on the final map. 33. 34. 35. Prior to issuance of a grading permit or approval of the final map, the Boundary Adjustment along the north side of this project (Lot 12) shall be approved and recorded. The appropriate recording information shall be placed on the final map. The adjusted piece shall become part of open space lot 12. 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 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 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&R's). "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." Fees/ Agreements 36. The developer shall pay all current fees and deposits required. 37. 38. 39. 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 .3 7 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. 40. Prior to approval of the final map, the Developer shall pay a proportionate share for PC RESO NO. 5034 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 42. 43. improvements made by others to Palomar Airport Road as determined by the City Engineer. 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 a grading permit, whichever occurs first, a financial guarantee for the construction of Faraday Avenue extension between Orion Way and Melrose Drive shall be approved by the Carlsbad City Council. Prior to recordation of the final map or issuance of any development permit, the developer/owner shall guarantee the provision of sewer service in conformance with the City of Carlsbad Master Plan of Sewerage. The financial guarantee may be in the form of an assessment district or other means as approved by the City Council. The developer may enter into a temporary out of basin agreement with the City of Vista to utilize Vista's Raceway Sewer Pump Station and Vista's portion of the outfall. This temporary agreement is only to be used until a permanent solution is available and must also be approved by the City Engineer. At the time the sewer master plan facility is available, the developer shall convert the temporary tie to the pump station and use the said facility as provided in the City of Carlsbad Master Plan of Sewerage. Grading 44. 45. 46. 47. 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.) 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 Intent for the start of work has been submitted to the State Water Resources Control Board. 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. The rough-graded pads created by this project will require additional grading pri9r 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 PC RESO NO. 5034 -12- 1 2 3 4 5 6 7 8 9 10 11 12 q 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. requirement. The storm drain improvements, animal crossings and NPDES/desiltation basins shown on the tentative map shall be constructed and maintained until accepted by the appropriate authority. Annual maintenance and reporting will be required and shall be the responsibility of the developer and property owners until relieved in writing by authority or public agency. Dedications/Improvements 49. 50. 51. 52. 53. 54. 55. 56. 57. Any land dedicated or offered for dedication to any entity shall reserve access and maintenance rights to operate and maintain basins, sewer, water, and drainage facilities within the proposed easements or open space. 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. 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 encumbrances and without cost. Streets that are 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 facility to allow for periodic inspection. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Palomar Airport Road or Melrose Drive. Developer shall cause Owner to waive direct access rights on the final map to interior streets except for locations shown as driveways on the tentative map. Prior to issuance of building permits, the developer shall underground all existing overhead utilities along, adjacent to, 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: PC RESO NO. 5034 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. C. D. E. F. G. H. Palomar Airport Road shall be improved along the project frontage to complete half street (Prime Arterial) width of 63 feet. Offsite improvements to the east are required to provide a continuous travel lane configuration. Modifications shall be made at the intersection of Palomar Airport Road and Paseo Valindo to provide one southbound left turn lane, one southbound through/right turn lane, one eastbound left turn lane, and one westbound right turn lane. Melrose Drive shall be improved to full width based on a Prime Arterial right-of-way width of 126 feet from Palomar Airport Road to the northern City Boundary. 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 developer/owner may be eligible for partial reimbursement from adjacent property owners. A reimbursement agreement must be approved by the City prior to the final map recordation or beginning of construction. Streets 'A' and 'B' offsite shall be dedicated to a width of 72 feet and improved to provide a 30-foot paved width at ultimate line and grade. Existing headwall to the 10' x 7' RCB under Melrose Drive shall be modified in accordance with the Rick Engineering Study (Rancho Carlsbad Channel and Basin Project) to provide detention of peak flows. 16" public water main and 8" recycled water main shall be constructed in Melrose Drive. Offsite public water main in Street 'B' shall be constructed to Melrose Drive to provide a looped system. Offsite water main to be built at ultimate line and grade. Offsite public storm drains shall be constructed to City of Carlsbad standards at ultimate line and grade. Offsite sewer facilities to connect to the Raceway Sewer Lift Station and to the South Agua Hedionda Interceptor(SAHI). The SAHi is shown as SAHTlA on figure 4.4 of the Master Plan update Volume V by Carollo Engineers. This condition may be modified by revision to the City's Master Plan of Sewerage. 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 .PC RESO NO. 5034 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58. 59. or such other time as provided in said agreement. 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. E. F. 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. Best Management Practices 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 interval will be specified for each BMP. Each lot in this project will include structural BMPs as required to remove anticipated pollutants from storm water runoff from each lot to the maximum extent practical. Catch basin inserts are not sufficient by themselves to remove all pollutants, but may be included as part of a comprehensive system for each lot or phase of development. The property owner's association will be responsible for maintenance and operation of BMPs. Developer shall incorporate into the grading/improvement 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 rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. PC RESO NO. 5034 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final Map Notes 60. Developer shall show on Final Map the net developable acres for each parcel. 61. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. B. C. 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 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( s) if any ( description and recording information.) Code Reminders The project is subject to all applicable provisions oflocal ordinances, including but not limited to the following: 62. 63. 64. 65. 66. The 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. 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 non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 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, to the satisfaction of the Directors of Community Development and Planning. 67. 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. PC RESO NO. 5034 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 68. 69. 70. 71. 72. 73. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The tentative map shall expire twenty-four (24) months from 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 and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 5034 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of October, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: hairperson J C G COMMISSION ATTEST: V\¾~ MICHAEL J.HMILR Planning Director PC RESO NO. 5034 -18- CRAJ)/NG ANALYSIS: l!!!t1,/GLJ!!E -..izt< .1I11& """ 11,2,IX» t:'I' 44"" CY """"' er ,w """" er DO CY ~o,xtCr """" /llf,DIJO r:r ,....,r:r DOC>' .....,,..,.,.. 61., AC, r/4C. M5-A&. CY/'°""' ,.,.. "'"" '¢""' LEGAL DESCRIPTION: ~(l'Sff11f)IIS1'MP,C lflM!IIP11JW'C WJUR',f~$MI ~WMA'( /INJMJ THATP(Jt1lflltY'!iCC'POll14 rrJIHl,1/stUIII. «cl'JlfnWtt1ft.f,altlaf1P41t;N11COTYC,CNt.wAar:oam'1r .SJNDE?:ll STA'/£CFOUO'Ht .ICl27IDM' Jtl M tR1DAJ. PUT DEJErT: N.P.D.E.S. 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""n,r OtS1'fer ...................... t:fTY OF" C411!5940 ~SO<lfCC ................................. !IAN-LOADf'4!:Sun-!')'S lMllV: 7-2tl-17 CONTrJtlltNT£RIIAl ........................... -1' • tX0 NOT rlC!.ta PJ4J.Cll4'1 AIJiPtll11 AfJ4C7 OIi JOTU'E ~ .4A OWNER/SUBDIVIDER: ,AJ.-fatrl/ASZalllll, UIO NSQ 511ll11 Ml'!'JI( SWf I~ ~Tll:AO( CAf.nJINI 1161()-/ltl (N)N-1()66 BENCHMARK: SHEET f or f J SHffTS C.T. 99-06 TENTATIVE MAP FOR PALOMAR FORUM LEGEND: SUJ{1WSIOIMVIJMl'I ..... lOrtN .... t71$'f1CCAStJENT .... . JJRaltl5ll)t:ASOIJtT ........ . ,o,,....,,•.fD/£#£ .... (J(f$'fl'l{;CP¥nVI'$ •. Ofl!{fll(;ll41£RI/MI ..... ~snotllUl•A.H. ..... /RfrMSl'D'illtJl'.Mt .. /XIS1'l&IRNW1r.AKT ..... l](IS1N/;S11/IITIAHT ... 1'R(J'(JSED IHff1J ctllTUS . ,R(Jf(XD•lFJlll,UI .. ,Rrl'fJ!B)Am.AIE1IJil'Elt .... . ~ 5£IE}t,,. # A.H. ... . l'lld'O!DSIIW:NTWKJtfJ/.L ... . """15lJJ.ww;'/"f11Fl£APftA/.J. /lllet'(J!DSfDII/IIDRMN#aa. ""'1'0!DMIT .. f'ffr1'(J5tlJl'l£HJf/lWfT. l/flr,t0Sl11S71t£ITIDIT .. . 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BD(JKII:, M&Cli6 ,,, F«llr-c«lif'Y(JTS/lllm:Zl IIOC«fL\IQPltl'i(a, rn AEJIIC~U'Q10IUl)PUICfAIIIES ...... a,(kf~p,a,rr I!!] CMJIJUl.cl/11Jrf'IDIC110.,,, ,_,,,_,,,,. ,,,_.,.,._ 1fl(;Hr1t,OTDIJ/1(11111"6£$1lfLt'IUl6 MPSlQillr.S'jf""I0'4JMH1..flr-,,,.r r,n ~IAOC;lll#lli1CJNICE _, ,,,_ .. _ r,li llfB.CRtWJ•l/ltl1D """'-,,,_.,.,._..,,,,, /)jj Fl&CRDll()IV1IJIES """'"'"""' ~·-----r,,i -·-"""'-~-,,~ 1£1 lltl'fH~ """'-1U./1'11&£Mi.1"1-01416n EASEMENT NOTES: 1,00DEJ11Sl'Elll"RllM#t'l'mul/D'CltfT041E11~n. ,,,,,rQlfNJPtnU'tz:lf"Jtll'r. Dli!lltRMII.IJO~ I. Mll()l1SOT Nf'fllt.lCIO /ISC_.f'0/1110N(T$fOt#IMrtn .,,_INYl'tl/U Sll'HratHt.Hlff'. © 2001 O'oay Consultants, Inc. ,.,, _,.,,,, «n::191,IHO arna,, "· fflfO l'DlltJl/frU, ,,,, ICIIUtfrD, ffit III/Rt1(ftf-_,,,,1:1,_ .UCXl#I IWft:H ,. lffl ,.. -,.,..,.,,.,.,. ,.,._ "'"""' ,.,.._ 10/EI/WQMEll ,.,._ ,.,._ ,.,.._ ,.,,__, {XISTING M(LIIOSC DR {CITY OF VISTA) .£J!llJE #OSC,U: ,.. r I I ..A I+ ~ ====~ ~r=====~§ ~.ti: ,-,oor MJ MSC PALOMAR AIRPORT ROAD .E1IJlJ& ,.,_ l'XISTING PASCO VAUNOO NOSCME ,,. r SECUON Jd-A ' -PEDTRAIL NDSC.U ,. ,,,, "' .,, ...J1. SHffT 2 OF 1 J SHffTS C.T. 99-06 .,, ..!!.... l'IEJJINCUIB m~ MCLRQS( D/7. (C/TY OF CARLSBAD/ PUBLIC "'""" (AH Url.fF1fS IITHN STR£ET 7DB£P'V!JIX) r ,u:: ,,.,,,. uKR , • .u (M/111.)r.>1"6~ 6TSOLSOIC1IEER STREETS ·c· ct ·e· .EJUl1E .. ,,,,,, {AU "71/,"fl =lTl?EEf 4'A.t:l'WT.Otllfl'AJl (IIN.)(;JIAS~ l!rSOI.S Dlr:1l-cu ~· .EJL!!JS "'""'' (Ai.l IITl/11£S •lHN S'111UT TO 1K Pf.JEl.lC) TYPICAL SECTIONS "'"'" PALOMAR FORUM 7 L ., ~ -·····-. __ -·"'·--- ·~· ~~~~:ltc 'o Consultants, Inc. ©2001 0 oy ',. .,,, OF 13 SHffTS SHffT J C. T. 99-06 7 _J ..., ~ '----t::l-~ ~ <rj '~;~:;:~:~. " • ,llfl.7--_ -' ---_-_-_::---- --------::---:=~~~iii:cARR : .•· Jl.,~c~~>•/•:•, ~~ ©2001 O'ooy Consultants, Inc. L I() ~ <rj BENCHMARK: ~ ST'AMMRO S1REIT SLIMY MtJMAEN1 APl'WClt. ffDO /:'£ET SOUTH 0,:-PA/.c;,ilM AW'ORT RCMD CW roatll.11'£ ~ EL CAWNO REAi.. llfQllUI fl!Dlt. NO/fm C()tl(rr ~ C0Nm0t. OITA 11-1/100 .KltJ+llJ ~ 2!17.2$ M.S.l. I "5Z!'!"":ll§;-;=.::'"'" SC:-U:: 1· -!d SHffT 4 OF 1 J SHffTS C.T. 99-06 PALOMAR FORUM TMlTl!YO, CNlflCU.~. 7 _J r ©2001 O'oay Cons~tan1s, Inc. L _.. "-14J ,.,..••" '.' .... -_____ .. ,. BENCHMARK: ......,. __, ttSallVION: STMtMRD S1RErT SOV1H Dr M~ l~,_ ~ l:1%WCOfTERL"IC OF EJ..CA=IIE'l'~CON1110f.Qo!TA l'ltCIID'l!!lt.~.J(J//+73 nr,m:JI\ r,7.1.,,w:s.L. 7 SHFET 5 99-06 C.T. or 13 SHffTS I _j r "' ~ ~, ~, ""'"r',-!""".->,.l.+,1+-!¥-1, ,.__'' 1:1 ~ ~ "i-,-~M~~~,T/ <r; Sff SHffT No. 5 © 2001 O'ooy Consultants, Inc. -, . _, - -,, -::--=-~-::__-- (' ..J._ SH[[T 6 or 13 SHffTS C.T. 99-06 •-~;~-:~-~~i-~:~-~,-,; :---,-_-~-~-N,,,,__--::::-:=~: -:~::-: --• ~--···_,:•·····-·-· ':i,,.2-.:Sc:"_=' __ ,::; __ s __ ._;;; __ r::_:-:_~f_~::;!;;~--• ----,,,',.--,cc::,--c:c I -==--=--=--~-= ..::::-== --,:;r-:--- ---------- --------------- I .. ---::-::-__ -.. I 'fl)' ;;; Sff SHffT No. 7 BENCHMARK: te::l'S'IIOt+ STM04RD' STREIT SUIMY MIJMJM£N7 t(f;AfflN: ~ 1400 ffIT SOV1H OF PALOMAII AJN!IORTR!l4D t:W t:rNTDll.lVE OF """""'""' 111CC11D nnM NOlt1H co,;,,r, ~1C41. CONTROL a.TA lf-FtlOD .J{JfJ.J.~ nNTQt 2V.2.,MS.L, -•---... 0, __ _.. _______ _ 7 ~ / . ' ' ' ~ • ' . -. ··-.-/-------1 ' $ • / Jj) ~ -~ .. ----~---: _.--- / -·· ,. BENCHMARK: OOICW1ION: ST..u.o41117 SmEET S1,IRYC'I' MONtJle(r """"" ~AfflO~w~: tALOU4R ~,mt ~:oca;::~ a,,,t,r,ffl DUA ©2001 O'oay Consultants, Inc, [llVffl:IN; ,2g7,}l$4'S.l., L I + SHffT 7 OF 1 J SHffTS C.T. 99-06 SCNJ'.: 1· -!ii:/ OCSIONCD BV,J:!.B....__ l:M.Tt: ~ -=~~~ci:n&:o=-DRAWN IY:---1.t_ SCAI.£: ~ ¢7ifef $ PRM:CT WCR......L&__JOII NO.·_ll:.ll!l.L 911111"-::.°';; -~ --~,,~ ~ DIG~~---~•= --..... h ... 7 © 2001 O'Day Consultants, Inc. L SHffT 8 OF 1 J SHffTS C.T. 99-06 .,.. --~:..-~ ------- -· ;;:::?f-f? BENCHMARK: EISOl!l'1l0H:. S'rAIOARD 5:1REET SU'M7'MOMME:NT' '"""" ~ 141:f) /UT SOUTH OF' PAtt::MCA' AlllPORTRDCDONCEJ,ff£RLKOF a c:4-"M1R£AL 11£C01D ffflt. NOlm( CO(,N1'Y ~TC4(. COHmOI. O(TA lt-tlJOO JOl!l,_,.M wvm:,t 1n.2:111.S-L D[SICN[D8Y1Jl.&__t»,T[;~ DAAWN IY· ____j£__ SCAU:: ~ --c~=N~U~~c,N,,_..,-,5~-JPl!O.l[C'f WM....J&'--JOII MO.:...ff:=!Q2L. ----~ -:.cs7i = _....,. _ _,,..., UCJIC[II Of WOA:11: -:;:; C .. .f ""' TMmf!'0,CARRQ.L.R $61 .---.-...... ._. .. -.,.u, ------------- 7 r L © 2001 O'oay Consultants, Inc. YJJ.LAGE9 MAP 13682 BENCHMARK: ~ ST.4'CMRO STREET SUl\t')' MDMlle(r lt'ltATllt ~ 14'» FC£T $DV1H (Jr PAI.CIMA/f AIRPORT ROIi) CW C£1(T£Jll._N£ OF £L CAJIINO REAi.. lll'C0IID m,y; NO/ml COt.NT'r ~ COM1fOt DATA lf-1600 ""'""~ D!'ll(1Qrt. ll7.2J M.$.L. SHffT 9 OF 1 J SHffTS C.T. 99-06 I Y' PALOMAR FORUM ---...... -... - DOICMD8T1.!!.B...,__CM-TE,~ 011,1,WN IN:--1L...-SCAI..[: ~ PROJtC'T~...,ll&_JOflNO.:.....D::.1Q22. --·----·-----Nl;Ul" 7 _J r 390- 380- 370- 350- 340- 330- 320- ©2001 O'Doy Consultants, Inc. L ....... NIJI'I• J» lOIIPfllTDIY• Jlli U11f'l'OlfTSTA•JIH1Ztll r;,.,.:JK i;,••· JO ,fiRA/1£t1STREETa 25 *f11SllflfJflI61110f157l0',...,0,11£ art'(TC<MtSlM96J',tt:'A'IJIQIEU(N;, PLAN -MELROSE OR/VE (CITY OF CARLSBAD PROJECT) IOIL: .. ,· .. ,w I ----- 15 ""''"' ~ 1400 /'£ET stJt/1H OF PAL~ AIRPORT RD4D ai CCNTVll..M OF El. CAIi/NO REAi. ll[CCIII) fll!lll N01t7H C()(JNrf ~ CONT1fOl 1)1,TA lt-1(100 .JD(J+~ D.f'ATOt 217.23 U.$.1.. 10 S, '£ET 10 OF IJ SHffTS C.T. 9-06 40 30 20 00 -80 ,,. SCl,!!;1'•100' ~---. ....,...,, .. .,. ... "' --------------- 7 r 4JO- '"---'---c.r. 98-,o-+-----l ,....-o~Cl 410-i 400-~l .J9CJ-~ a ti,. -~ .JBCJ-la, I / / 360-/ 10 15 20 PLAN -STREET i4' SCll/,C -1"• If»' ©2001 O'Day Conswtanls, Inc. L / ,£ y !CIU: 1· • 100' -47, -46 -44 -4.J -41 -J9 BENCHMARK: tlSCIS'D+ ST~ S11flIT 5tA'M'Y MOM.aENT utA'TDt ~1400"11:E'1SfJfmiOFAV.~ NRP(}RT Rll4D ON C'£NTERI..N£ OF a,,_,_ l!l'COIIO fllDlf. NOlf7H COUNT'r 1£R)';t;'AL C0NTRDt DITA 1t-rf!CIO .}(JIJ~m Dl'ffll0ft 287,,1~ M.S.L. s 'ffT If or tJ SHffTS ---·------ C.T. 9-06 OCBICl'GSY1J:!&..._C-1t;~ DIIAWNBY:--18-_.SCll[,~ PROJECT IOtJ.11&.__ JOe N0,:Jl::.1QZ2.._ .... , ----------..-- 7 _J I "'""" ©2001 O'ooy Consultants, Inc. L _ _l___ _ _ _L___ _ __ L 1 --r-,.--:, 1r----------7 -- ij 10' ~ ® 1-_-,---'-,-c-r-----® ~ ' ' .,, ii .l ____ _ SETBACK MAP MJ SCA/.[ PALOMAR FORUM BENCHMARK: mtl!IP1Klt STA/04,a1511l£ET.st.fMYMOMJAENT lOCAn:llt ~. 1"10 IE£1' S()fJ1H or PAI.OUM AIRPORT Ji'D40 ON a,.ntRLNE (Jr El CAWNO RDl ~ rlffllt NlJR711 COUNTY ~7.t!At. CONTROL OlfA 11-1800 ,J(J6-,.7f EI.Mlr;llt 207.2$ M.$.L. SHEET f 2 OF f J SHffTS C.T. 99-06 SETBACK NOTES: I. SUCITl'fJF"OUl..~.rr»c~IIJft17ff1}frR.$f1BICll'JErXIIDEl(lS. z $0fDflTSf19fCKAttW;lflm""IIIMMfrlE..tma110.,,fFET'T()tla::t11mo'l' ASl'MIIIY/9/0l#;~l1.J4.0,rr1XJ) J R7.9P'.SMONCS11IIIT :t'Nt) YMJ.ICAN.4Pla'ITJSftITl'fTNA """1ltk(F 2' ltIT PO, 1'()lfN; atDHtia-IT.U.D/'1:17)(4/ « /EM ,o,"fNlJa!fJ:OaJ/l):/ft.1-~1 ,P lUl llfT»Al /f,IS7 lfJ 1'£11 LfMlDC£l) 7 r ©2001 O'oay Consultants, Inc. L OFF-SITE GRADING &-IMPROVEMENTS FOR "STAND ALONE" PROJECT SC4Cl' -,•. TOO' SHffT 13 or 13 SH££TS C.T. 99-06 ,,. IT IT ---------------------------- S(CT/ON ~•-~• rYPICAL ACCESS ROAO SECrl0/1 ,,,,..,, I '" ,.,. SCAI.[: ,. -100' -----,__ ·-... - OCIICNED 9Y,..H&,__ O,,,Tt, ~ t)R,l,WN 8Y:--1i-_ sc-il: ~ PROJECTMGlt,~JOll'-0.,~ -________ ..,... ______ _