HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54351
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PLANNING COMMISSION RESOLUTION NO. 5435
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 02-29 TO SUBDIVIDE 4.49 ACRES
INTO 39 AIR-SPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED SOUTHWEST OF LA COSTA
AVENUE, BETWEEN LEVANTE STREET AND RANCHO
SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME: CASA LA COSTA
CASE NO.: CT 02-29
WHEREAS, Rancho La Costa, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of Lot 249 of La Costa Vale Unit No. 1, according
to Map No. 7457, in the City of Carlsbad, County of San Diego,
State of California, and amended as shown on Certificate of
Compliance recorded November 9, 1981 as Instrument #81-
354864, both on file in the Office of the County Recorder of
San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “Z” dated June 18,2003, on file in the Planning Department
CASA LA COSTA - CT 02-29, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES CASA LA COSTA - CT 02-29, based on the following findings
and subject to the following conditions:
Findings:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the air-
space units and associated development being created satisfy all minimum
requirements of Title 20 and have been designed to comply with other applicable
regulations including the Planned Development Ordinance and the Residential
Density-Multiple (RD-M) Zone.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single family and multifamily residential and
local commercial development on the General Plan, in that the property is almost
completely surrounded by the public rights-of-way of Rancho Santa Fe Road, La
Costa Avenue, Levante Street, and Centella Street and the proposed residential
units would be separated from the adjacent Boys and Girls Club commercial site
with a masonry sound attenuation wall, landscaping, and a 24-foot wide private
driveway.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while complying with all development standards and public facilities
requirements and is less than the number of units that are permitted by the existing
plans and regulations applicable to the site.
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 concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the proposed development.
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 various directions and adequate separations will be provided to allow for breezes
to cool the areas and landscaping will be installed to provide shade and reduce the
temperature of developed areas.
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
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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 no such environmental resources or fish or wildlife exist on the
currently vacant and previously graded 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 has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements.
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:
The proposed residential density of 8.7 dwelling units per developable acre is
consistent with the Residential Medium High (RMH) designation. The project’s
proposed density of 8.7 dwellings units per developable acre (du/ac) is below the
Growth Management Control Point density of 11.5 du/ac used by the California
Department of Housing and Community Development for the purpose of calculating
the City’s compliance with “fair share” Housing Element law. However, consistent
with Policy 3.8 of the City’s certified Housing Element, all of the dwelling units
which were anticipated towards achieving the City’s fair share allocation of the
housing need but 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 through density transfers, density bonuses, and
General Plan Amendments. Accordingly, there is no net loss of residential density
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 regional housing need.
The project will minimize the number of access points on arterial roadways by not
providing site access from its frontages on La Costa Avenue and Rancho Santa Fe
Road;
The project will provide its fair share of housing affordable to lower income
households through the purchase of credits in the Villa Loma apartment
development;
The project includes a noise study with measures to reduce the La Costa Avenue
and Rancho Santa Fe Road traffic noise impacts on the proposed residences to 60
dBA CNEL; and
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All necessary water mains, fire hydrants, and appurtenances will be installed prior
to occupancy and an all-weather access road will be maintained throughout
construction.
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.
Specifically,
a. the project has been conditioned to provide proof from the Encinitas
Union Elementary and San Dieguito Union High School District that
the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit.
c. the Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
d. the Local Facilities Management fee for Zone 6 will be collected prior to
issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 6.
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 grading
permit or final map, whichever occurs first.
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If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or fbrther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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.
Developer shall submit to Planning Department a reproducible 24” x 36,” mylar copy of
the Tentative Map and Site Plan reflecting the conditions approved by the final decision
making body.
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.
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
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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.
This approval is granted subject to the approval of CP 03-02 and SDP 02-18 and is
subject to all conditions contained in Planning Commission Resolutions No. 5436 and
5437 for those other approvals incorporated herein by reference.
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 purchase
seven (7) affordable housing credits in the Villa Lorna housing project, in accordance
with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal
Code. 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 future owners and successors in
interest.
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.
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.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
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City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots andor 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
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 “C”, dated
June 18,2003.
f. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit “B”,
dated June 18,2003, on the trellis plan to be submitted to, and approved by, the
Planning Director prior to Final Map.
15. 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
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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.
This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
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 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.
Prior to the issuance of the final map or grading permit, 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, Condominium
Permit, and Site Development Plan by Resolutions No. 5435, 5436, and 5437 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, fbture 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
#1 on file in the Planning Department).
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The existing temporary Fire Station #6 shall remain operational until such time that
a replacement fire station is constructed and operational to the satisfaction of the
City Fire Chief.
The Developer shall, to the satisfaction of the Planning Director, post a sign in the
sales office in a prominent location and provide all homebuyers with a written
disclosure that discloses the existence of the temporary fire station and the potential
impacts of operations on the surrounding residences including but, not limited to,
noise and lighting.
Engineering:
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Prior to hauling dirt or construction materials to or fi-om any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, signage, water
quality/detention basins, 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.
This project is approved for up to two Final Maps for the purposes of recordation in the
order of phasing shown on the tentative map.
If Developer desires to record a Final Map out of the phase approved on the tentative
map, the new phasing may be approved or conditionally approved by the City Engineer
and Planning Director if they are satisfied that adequate public facilities are
constructed as required to serve those units approved by that phase.
Developer shall install sight distance corridors (see below for types) at all public street
intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CC&Rs).
Type I
"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."
Type I1
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property along or east of the line designated as the 580-foot
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sight line from La Costa Avenue looking south onto Rancho Santa Fe Road as
depicted on the tentative map. The underlying property owner shall maintain this
condition."
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the TENTATIVE MAP are for planning purposes only. Developer shall
pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recordedcopy 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.
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.
Developer shall submit for and receive approval for a precise grading permit to the
satisfaction of the City Engineer. This project shall comply with the City's Standard
Urban Stormwater Management Plan (SUSMP) during all phases of construction.
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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
on the final map andor separate recorded document. All land so offered shall be offered
fi-ee and clear of all liens and encumbrances and without cost. Streets that already public
are not required to be rededicated.
Developer shall submit for review and approval by the City Engineer, the design of all
private drives and drainage systems to the satisfaction of the City Engineer. The structural
section of all private drives shall conform to City of Carlsbad Standards based on R-value
tests. All private drives and drainage systems shall be inspected by the City. Developer
shall pay the standard improvement plancheck and inspection fees.
With the exception of the access points as shown on the Tentative Map, Developer shall
cause Owner to waive direct access rights on the Final Map for all lots abutting Levante
Street, La Costa Avenue, Rancho Santa Fe Road, and Centella Road.
The property Owner is required to maintain the water quality detention basins as shown
on the Tentative Map to ensure their effectiveness and reducing peak storm run-off and
pollutants from being discharged off the site.
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 ensure pollutant
loads are not increased as a result of this development to the maximum extent
practicable. 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 notifjrlng
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.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifireeze, 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.
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
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Quality Control Board and City of Carlsbad Requirements. The SWPPP shall
address measures to reduce to the maximum extent practicable storm water
pollutant runoff during construction of the project. At a minimum, the SWPPP
shall:
a. include all content as established by the California Regional Water Quality
Control Board requirements;
b. include the receipt of (‘Notice of Intent” issued by the California Regional
Water Quality Control Board;
c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter
said pollutants from storm water to the maximum extent practicable before
discharging to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee education on
the proper procedures for handling clean up and disposal of pollutants.
46. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan
(SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad
Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the
San Diego Region of the California Regional Water Quality Control Board and City
of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact
or filter said pollutants from storm water, to the maximum extent practicable, for
the post-construction stage of the project. At a minimum, the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water
bodies that would impacted by this project;
c. recommend source controls and treatment controls that will be implemented
with this project to avoid contact or filter said pollutants from storm water to
the maximum extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education on
the proper procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
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.
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Developer shall install streetlights along all public and private street frontages abutting
and/or within the subdivision boundary in conformance with City of Carlsbad Standards.
Prior to Final Map approval, Developer shall be responsible to ensure that all street
widening along La Costa Avenue has been completed or secured to the satisfaction of the
City Engineer.
Developer shall apply for and obtain approval by the City Engineer, of the design for the
structural section for the private drives with a traffic index of 5.0 in accordance with City
Standards due to truck access. The structural pavement design of the aisle ways shall be
submitted approved by the City Engineer as part of the grading plan review.
Developer shall show on Final Map the gross and net developable acres for each parcel.
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.
b. 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.
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 sight distance corridors.
The Developer shall meet with and obtain approval from the Leucadia County Water
District regarding sewer infrastructure available or required to serve this project.
The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding potable water infrastructure available or 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
55. 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 56.
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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 parcel 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.
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 approval to protest imposition of these feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
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zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
, Chairperson
Ce PLANNING COMMISSION
ATTEST:
MICHAEL J. H&Z&IILLW
Planning Director
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