HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56351
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PLANNING COMMISSION RESOLUTION NO. 5635
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 5.33 ACRES INTO A 78 UNIT AIRSPACE
CONDOMINIUM PROJECT ON PROPERTY GENERALLY
LOCATED ON THE NORTH AND EAST SIDE OF HARRISON
STREET, WEST OF ADAMS STREET AND SOUTH OF
CHINQUAPIN AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: BLUFFS
APPROVAL OF CARLSBAD TRACT CT 02-18 TO
CASE NO.: CT 02-18
WHEREAS, Anastasi Development Company, LLC, a Limited Liability
Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
Lot 3, 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2, 3, 5,
and 6 inclusive in Block “D” of resubdivision of portions of
Tract 238 and 243 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof no. 2103, filed in the Office of the County Recorder of
San Diego, April 3,1928
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the Planning Department
BLUFFS - CT 02-18, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of May 2004, 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
RECOMMENDS APPROVAL of BLUFFS - CT 02-18, 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
project is consistent with all the minimum requirements of Titles 20 and 21
governing airspace subdivisions and the design of multi-family condominiums.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Medium-High density
development on the General Plan, and are developed with multi-family development
with a comparable housing type and density.
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 applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
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 such that there are no conflicts
with established easements. The street vacation of Locust Street does not conflict
with the Circulation Element of the General Plan as it is not a Circulation Element
roadway and does not disrupt the local traffic patterns as the street is not improved
to local street standards.
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 solar exposure and will receive prevailing breezes.
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 developed with single-family
homes and agricultural uses and is surrounded by residential development.
PC RES0 NO. 5635 -2-
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9.
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That the discharge of waste fiom 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 May 19,2004.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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 fiom the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
That the project will provide sufficient additional public facilities for the density in
excess of the control point to ensure that the adequacy of the City’s public facility plans
will not be adversely impacted.
That there have been sufficient developments approved in the quadrant at densities below
the control point to offset the units in the project above the control point so that approval
will not result in exceeding the quadrant limit.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards.
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.
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Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of grading permit, whichever occurs first.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
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, 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.
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7.
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Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 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
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 the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CP 02-10, SDP 03-03, CDP 03-
35 and HDP 02-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 5634,5636,5637,5638 and 5639 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 provide and
deed restrict 10 dwelling units as “for-sale” affordable units for a minimum of thirty
years in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. Ten units within Building “0” shall be reserved for very
low-income households (maximum 50% Area Median Income (AMI)). 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 construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
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.
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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.
b.
C.
d.
General Enforcement by 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.
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 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.
Special Assessments Levied bv 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
PC RES0 NO. 5635 -6-
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levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
hidher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
Balconies. trellis and decks.
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
The individual lot or unit owner allowances and
No room additions whether habitable or not or conversions of patios or open
decks/balconies to enclosed areas or habitable space will be permitted.
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.
Developer shall apply for and obtain approval of a Coastal Development Permit issued by
the California Coastal Commission or its successor in interest, that substantially conforms
to this approval. A signed copy of the Coastal Development Permit must be submitted to
the Planning Director. If the approval is substantially different, an amendment to the
project shall be required.
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).
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. All individually
identified “Streets” shall be given a unique street name per the Fire Marshal.
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 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.
PC RES0 NO. 5635 -7-
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23.
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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.
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.
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
Carlsbad Tract Map, Condominium Permit, Site Development Plan, Coastal
Development Permit and Hillside Development Permit by Resolutions No. 5635,
5636, 5637, 5638, and 5639 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 submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Engineering
General
27.
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31.
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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Map
(and in the CC&Rs).
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“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.”
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development
32. Developer shall apply for the vacation of Locust Street as identified on the Tentative
Map. The vacation of the public street shall be completed prior to recordation of
the final map or issuance of any grading permits.
FeedAgreements
33. 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.
34. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
35.
36.
37.
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.
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.
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 the issuance of a building permit
for this project.
Dedications/Improvements
38.
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Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
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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.
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.
Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, the private street and
drainage improvements onsite, as well as all public improvements shown on the
tentative map including, but not limited to: paving, base, signing & striping, sidewalks,
curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of
utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to
City Standards to the satisfaction of the City Engineer. The improvements are:
a)
b)
c)
d)
The onsite public water system including appurtenances.
The onsite public sanitary sewer system.
Improvements to Harrison Street, Adams Street and Chinquapin Avenue
as generally shown on the Tentative Map.
Storm drain improvements downstream of the site as identified on the
Tentative Map.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Developer shall execute and record a City standard Basin Maintenance Agreement prior
to the approval of grading, building permit or final map, whichever occurs first for this
Project.
Harrison Street shall be dedicated by Owner along the project frontage based on a
centerline to right-of-way width of thirty feet and in conformance with City of Carlsbad
Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along and within the subdivision boundary.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
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hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
46. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. 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.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thmners, 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.
47. 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.
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; and
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.
d.
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48. 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
Stormwater Mitigation 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.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
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;
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;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
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.
d.
e.
f.
49. Prior to occupancy, Developer shall install streetlights along all public and private street
frontages abutting and/or within the subdivision in conformance with City of Carlsbad
Standards.
50. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
subdivision in conformance with City of Carlsbad Standards.
5 1. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the subdivision in conformance with City of Carlsbad Standards.
Final Map Notes
52. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1.
2.
The public water and system and associated appurtenances serving
the property.
The sanitary sewer systems serving the property. Laterals connecting
the individual units to the main line are to be privately maintained.
Maintenance shall be covered in the project’s CC&Rs.
53.
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Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
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54. 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.
Water:
55.
56.
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58.
59.
60.
61.
62.
63.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authoritv capacity charae(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
The Developer shall provide separate potable water meters for each separately owned
unit.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
The Developer shall submit a detailed sewer study, prepared by a Registered
Engineer, that identifies the peak flows of the project, required pipe sizes, depth of
flow in pipe, velocity in the main lines, and the capacity of the existing
infrastructure. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the
District Engineer.
The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sues. Said study shall be submitted concurrently with the
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improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
- Fire:
64. All buildings with the notable exception of the community (pool) building(s) shall be
required to have installed an approved Automatic Fire Sprinkler system.
65. Each building shall have the required water flow (Fire sprinkler) alarm bell be placed on
the address side of the building.
66. Each unit shall be addressed separately.
67. All streets shall be designated as FIRE LANES in perpetuity and as such, no on-street
parking shall be permitted outside of designated parking areas. This shall also require the
posting of approved signage.
68. Any present or future plans or interest in installing gates across any or all of the access
drives shall be required to be submitted to the Carlsbad Fire Department for approval.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
69.
70.
71.
72.
73.
74.
75.
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.
The tentative map shall expire twenty-four (24) months fiom the date this tentative map
approval becomes final.
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.
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.
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76.
77.
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 feedexactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
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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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5635 -16-
- City of Carlsbad
MITIGATED NEGATIVE DECLARATION
CASE NAME: The Bluffs
CASE NO: CT 02-18/CP 02-10/HDP 02-09/SDP 03-03
PROJECT LOCATION:
of Chinquapin and west of Adams Street. APN 206-120-03,08 thru 12, 14, 15.
4120 Harrison Street, on the north and east side of Harrison Street, south
PROJECT DESCRIPTION: The subdivision, grading and construction of 78 multifamily dwelling
units on 5.33 acres. The project includes 10 affordable dwelling units, RV parking, passive and active
recreational areas, street improvements and off site grading for street improvements for Harrison Street.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above
described project pursuant to the Guidelines for Implementation of the California Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, the initial study (EL4 Part 2) identified potentially significant effects on the environment, and
the City of Carlsbad finds as follows:
IXI
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0
Although the proposed project could have a significant effect on the environment, there Will not
be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project.
The proposed project MAY have “potentially significant impact(s)” on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based
on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies
only to the effects that remained to be addressed).
Although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project. Therefore, nothing further is required.
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on
file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED: June 15,2004, pursuant to Citv Council Resolution No. 2004-194
ATZEST:
MICHAEL J. HOLZMIL~R
Planning Director
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us