HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54221
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PLANNING COMMISSION RESOLUTION NO. 5422
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
DEVELOPMENT OF TWELVE RESIDENTIAL LOTS, ONE
OPEN SPACE LOT, AND ONE PRIVATE STREET LOT TO
HOMES AND TO CONSTRUCT TWO SECOND DWELLING
QUIREMENT OR THE OPTION TO PURCHASE TWO
AFFORDABLE HOUSING CREDITS WITHIN THE VILLA
LOMA DEVELOPMENT ON PROPERTY GENERALLY
LOCATED ALONG THE NORTH SIDE OF LEVANTE
STREET BETWEEN LA COSTA AVENUE AND CENTELLA
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
CARLSBAD TRACT CT 02-25 TO ALLOW THE
ACCOMMODATE TWELVE DETACHED SINGLE-FAMILY
UNITS TO MEET THE INCLUSIONARY HOUSING RE-
NORTHPARK AT LA COSTA
CASE NO.: CT 02-25
WHEREAS, Touchstone Communities, L6Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Levante 12, LLC, “Owner,”
described as
Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 7457, filed in the Office of the County
Recorder of San Diego County, October 18,1972
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “M” dated June 18,2003, on file in the Planning Department
NORTHPARK AT LA COSTA - CT 02-25 as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of June, 2003, 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES NORTHPARK AT LA COSTA - CT 02-25 based on the
following findings and subject to the following conditions:
Findings:
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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
project is consistent with all regulations governing subdivisions and the design of
single -family residences.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Low Medium (RLM),
Residential Medium (RM) and Residential Medium High (RMH) density
development on the General Plan, and are developed with attached and detached
planned unit development projects immediately to the west and east of the subject
property and single family residences to the north which would be compatible with
the proposed detached planned unit development project.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all required development standards and design criteria required by
the RD-M zone, Qualified Development Overlay zone, Specific Plan 208, and the
Planned Development Ordinance are incorporated into the project without the need
for variances or deviations from development standards; and the proposed density
is less than maximum allowed by the RMH General Plan land use designation.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned so that there are no conflicts with
established easements.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act);
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in a manner that allows for southern exposure to the sun and adequate building
separation is provided to maximize the exposure of each unit to natural light and
ventilation.
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7.
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That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site has been previously graded and is surrounded by
existing development and no environmental resources, fish or wildlife exists on the
in-fill project site.
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 is
served by existing storm drain and sewer collection facilities. The project is
conditioned to comply with the National Pollution Discharge Elimination System
Standards (NPDES) to prevent any discharge violations.
The 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 June 18,2003 including, but not limited to the following:
Land Use - The project is consistent with the City’s General Plan since the
proposed density of 9.03 du/ac is within the density range of 8 - 15 du/ac
specified for the site as indicated in the Land Use Element of the General Plan.
The project’s proposed density of 9.03 du/ac is below the Growth Management
Control Point density (1 1.5 ddac) 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.
Circulation - The project is served by an existing fully improved public street,
Levante Street, which operates at an acceptable level of service. On-site
circulation consists of a private driveway which provides access to resident
garages and guest parking spaces designed in accordance with City
standards.
Noise - The project is in compliance with the 60 dBA exterior CNEL and 45
dBA interior CNEL noise standards.
Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the developer has been
conditioned to enter into an affordable housing agreement to build two
attached rent restricted second dwelling units.
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11.
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That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt fiom the requirement for the
preparation of environmental documents pursuant to Section 15332(a) exempts the
construction of projects characterized as in-fill development of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 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.
A) The project has been conditioned to provide proof from the Encinitas Union
Elementary and San Dieguito Union High School Districts 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.
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 a
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
fbture 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.
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2.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map (CT 02-25) documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
Developer shall submit to the Planning Department a reproducible 24” x 36,” mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
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 Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the City Council approval of SDP 02-10 and PUD
02-13 and is subject to all conditions contained in Planning Commission Resolutions No.
5423 and 5424 for those other approvals, incorporated herein by reference.
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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 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
12. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to construct
two (2) rent restricted Second Dwelling Units within the project as affordable to lower-
income households for 55 years, in accordance with the requirements and process set
forth in Chapter 21.85 of the Carlsbad Municipal Code, or the option to purchase two
affordable housing credits within the Villa Loma apartment project, located south of
Palomar Airport Road and west of El Camino Real. The draft Affordable Housing
Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
on all fiture owners and successors in interest.
Landscape
13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
14. 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.
Miscellaneous
15. 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 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.
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
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the right to disapprove.
transmitted to City within 30 days for the official record.
A copy of the final approved amendment shall be
Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be darried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
, Section
D) Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails
to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this
Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such
invoice in full within the period specified, payment shall be deemed delinquent
and shall be subject to a late charge in an amount equal to six percent (6%) of the
amount of the invoice. Thereafter the City may pursue collection from the
Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and
remedies available to the City, the City may levy a special assessment against the
Owners of each Lot in the Project for an equal prorata share of the invoice, plus
the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power
to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions andor to pursue lien foreclosure procedures against any
Owner and hisher respective Lot for purposes of collecting such special
assessment in accordance with the procedures set forth in Article of this
Declaration.
E) Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit “A” - “M.”
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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 the
approved resolution for PUD 02-13.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
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.
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 Tentative Tract Map, Site Development Plan and
Planned Unit Development by Resolutions No. 5422, 5423 and 5424 on the property.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Developer shall 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.
Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
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
#I on file in the Planning Department).
Developer shall construct, install and stripe not less than 6 parking spaces, as shown on
Exhibit “A” - “M.”
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Enpineering
General
24. 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.
25. 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.
26. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements including, but limited to the onsite private streets, signage,
sidewalks, street lights, water quality control basin, 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.
27. There shall be one Final Map recorded for this project.
FeedAmeements
28. 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.
29. 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.
30. 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.
Grading
31. 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 ("01) for the
start of work has been submitted to the State Water Resources Control Board. A copy of
the Notice of Intent (NOI) shall be included within the Storm Water Pollution
Prevention Plan (SWPPP) prepared with this project.
32. 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
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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.
33. 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.
Dedications/Improvement s
34. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
all public easements shown on the Tentative Map. The offer shall be made by a certificate
included 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.
35. Developer shall provide or install drainage structures, as may be required by the City
Engineer, prior to or concurrent with any grading or building permit.
36. Developer shall design, process, and obtain approval of, improvement plans for the
construction of all private streets and drainage systems to the satisfaction of the City
Engineer. Developer shall pay standard improvement plan check fees with the submittal
of improvement plans and inspection fees prior to approval of the improvement plans.
The structural section of all private streets shall conform to City of Carlsbad Standards
based on R-value tests. The public water improvements (Olivenhain Municipal
Water District) and public sewer improvements (Leucadia County Water District)
shall be included and processed together with the private street improvement plan.
37. Developer shall cause Owner to waive direct access rights on the final map for that
portion of the lot abutting La Costa Avenue.
38. Developer shall be responsible to maintain the private water quality control basin in
perpetuity to ensure its effectiveness in removing pollutants from storm water.
39. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work With
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifi-eeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
40. 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.
B.
C.
D.
Include all content as established by the California Regional Water Quality
Control Board requirements.
Include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board.
Recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course.
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.
41 . 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 Con601 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 SW shall:
A. Identify existing and post-development on-site pollutants-of-concern
B. The hydrologic unit this project contributes to and impaired water bodies that
would impacted by this project.
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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. Ensure long-term maintenance of all post construct BMPs in perpetuity.
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.
Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding potable water infrastructure improvements required to serve this
project.
Developer shall meet with and obtain approval from the Leucadia County Water District
regarding sewer infrastructure improvements required to serve this project.
Prior to approval of the Final Map, Developer shall contribute pro-rata share of the
cost for design and construction of a traffic signal at the intersection of Levante
Street and La Costa Avenue. The pro rata share shall be based upon average daily
traffic as determined by a traffic analysis approved by the City Engineer.
Final Map Notes
45. Developer shall show on Final Map the gross and net acres for each parcel.
46. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
47. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
48. 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.
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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.
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.
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.
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 final 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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of June, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: Commissioners Domhguez and Whitton
ABSENT: None
ABSTAIN: None
c- PLANNING COMMISSION
ATTEST:
M~CHAEL J. HWZM~LER
Planning Director
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