HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57221
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PLANNING COMMISSION RESOLUTION NO. 5722
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
SITE INTO 16 RESIDENTIAL LOTS AND 2 OPEN SPACE
LOTS ON PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF BLACK RAIL ROAD, SOUTH OF
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: TABATA RESIDENTIAL SUBDIVISION
CASE NO.: CT 03-06
CARLSBAD TRACT CT 03-06 TO SUBDIVIDE A 5.64 ACRE
WHEREAS, Noburu & Evelyn Tabata and Isokazu Tabata,
“Developer/Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
A portion of the southwest quarter of the southeast quarter of
Section 22, T12S, R4W, SBBM, in the City of Carlsbad,
County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “K” dated September 1, 2004, on file in the Planning
Department TABATA RESIDENTIAL SUBDIVISION - CT 03-06, as provided by Chapter
20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of September, 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
APPROVES TABATA RESIDENTIAL SUBDIVISION - CT 03-06, based on
the following findings and subject to the following conditions:
Findinps :
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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 lot size and configuration and has been designed to comply with all
applicable City regulations, including the General Plan and the Zone 20 Specific
Plan (SP 203).
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan,
and are developed with single-family development with a comparable 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.
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 hture passive or
natural heating or cooling opportunities in the subdivision, in that the lots are oriented to
allow for solar exposure and take advantage of 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 site has been previously disturbed by agricultural activities and all
remaining sensitive plant or animal habitats present on the site are being entirely
preserved.
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9.
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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 and Specific Plan 203 based
on the facts set forth in the staff report dated September 1, 2004, incorporated herein
by reference.
a. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 3 du/ac is within the density range of 0 - 4 du/ac (RLM) specified for the site as indicated in the Land Use Element of the General Plan.
The project’s proposed density of 3 du/ac is slightly below the Growth
Management Control Point of 3.2 du/ac used for the purpose of calculating the
City’s compliance with Government Code Section 65584. However, consistent
with Program 3.8 of the City’s certified Housing Element, all of the dwelling
units, which were anticipated toward achieving the City’s share of the regional
housing need that are not utilized by developers in approved projects, are
deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling units
are available for allocation to other projects. Accordingly, there is no net loss of
residential unit capacity and there are adequate properties identified in the
Housing Element allowing residential development with a unit capacity,
including second dwelling units, adequate to satisfy the City’s share of the
regional housing need.
b. 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 for the purchase of
3 credits in the Villa Loma affordable housing project to satisfy its 15%
inclusionary housing requirement.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
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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.
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 20.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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.
The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
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 final map
recordation or issuance of grading permit, whichever occurs first.
1. If any of the following ‘conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
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
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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 shall implement, or cause the implementation of, the Tabata Residential
Subdivision Project Mitigation Monitoring and Reporting Program.
Developer/Operator shall and does hereby agree to indemnifl, 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 Planning Department a reproducible 24” x 36” mylar copy of
the Tentative Map 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 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 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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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 and Monitoring Report, GPA 04-13, LCPA 03-07, ZC 03-05, CDP
03-37, and HDP 04-02 and is subject to all conditions contained in Planning
Commission Resolutions No. 5718, 5719, 5720, 5721, 5723, and 5724 for those other
approvals incorporated herein by reference.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
All construction activities shall be planned so that grading will not occur during the
bird breeding season (February 15th to August 31st) of each year. Work may occur
during the bird breeding season if a qualified biologist conducts a survey for nesting
birds within three days prior to the work in the area, and ensures no nesting birds
will be impacted by the work. If an active nest is identified, a buffer shall be
established between the construction activities and the nest so that nesting activities
are not interrupted. The buffer distance shall be as recommended by a qualified
biologist and as reviewed and approved by the City of Carlsbad and the Wildlife
Agencies. The buffer shall be delineated by temporary fencing, and shall remain in
effect as long as work is occurring or until the nest is no longer active. No work
shall occur within the fenced nest zone, until the young have fledged, are no longer
being fed by the parents, have left the nest, and will no longer be impacted by the
project. The mapped survey results and the recommended buffer distances will be
submitted to the City of Carlsbad and the Wildlife Agencies for review and
approval prior to any work to ensure full avoidance measures are in place.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and t.he habitat necessary for biologically sustainable
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populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
15. Prior to the recordation of the Final Map, the Developer shall execute a document
or documents, to the satisfaction of the Planning Director and the City Attorney, in
relation to the open space habitat Lot 18 to ensure the following:
a. Select a conservation entity, subject to the approval by the Planning Director,
that possesses the necessary qualifications to hold title to the open space lots
and ensure management of the open space lots for conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the
Planning Director for estimating the costs of management and monitoring of
the open space lots in perpetuity.
Based on the results of the PAR, provide a non-wasting endowment to the
selected conservation entity in an amount sufficient for management and
monitoring of the open space lots in perpetuity.
Transfer fee title to the open space lots to the selected conservation entity, or
execute a document to ensure the future transfer of ownership of the open
space lots along with the non-wasting endowment, to the City or its designee,
to provide for the management, monitoring, and conservation of the open
space lots in perpetuity consistent with the Carlsbad HMP.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any an all
approvals for this project shall become null and void.
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
three (3) affordable housing credits in the Villa Loma housing project in accordance with
the requirements and process set forth in Chapter 2 1.85 of the Carlsbad Municipal Code.
The draft Affordable Housing Agreement shall be submitted to the Planning Director no
later than 90 days after the California Coastal Commission action on the project. The
b.
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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 provide a minimum of 25 percent of the lots with adequate sideyard area
for Recreational Vehicle storage pursuant to City Standards and the Zone 20 Specific
Plan (SP 203). The CC&Rs shall prohibit the storage of recreational vehicles in the
required front yard setback.
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 oficial
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 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
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.
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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 and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
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 20, pursuant to Chapter 21.90. All such
taxedfees 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.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the future 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 future 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, the Developer shall prepare and record
a Notice that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor (Poinsettia Lane), in a form meeting the approval of the
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Planning Director and City Attorney (see Noise Form #1 on file in the Planning
Department).
Prior to the recordation of the first final tract map, the Developer shall prepare and record
a Notice that this property is subject to overflight, sight and sound of aircraft operating
from McClellan-Palomar Airport, in a form meeting the approval of the Planning
Director and the City Attorney (see Noise Form #2 on file in the Planning Department).
Developer shall post aircraft noise notification signs in all future sales andor rental
offices associated with the new development. The number and locations of said signs
shall be approved by the Planning Director (see Noise Form #3 on file in the Planning
Department) .
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, notifjrlng all
interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map, Coastal Development Permit, and Hillside Development
Permit by Resolutions No. 5722, 5723 and 5724 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 dedicate on the final map, an open space easement for those portions of
lots 17 and 18 which are in slopes or contain southern maritime chaparral, to prohibit
any encroachment or development, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways and landscaping, as shown on the Tentative
Tract Map.
Removal of native vegetation and development of Open Space Lots 17 and 18, including
but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and
landscaping, other than that approved as part of this approval, as shown on the
Tentative Tract Map and Landscape Concept Plan and as recommended in the
Biological Resources Survey Report and Mitigated Negative Declaration and
Mitigation and Monitoring Report, is specifically prohibited, except upon written order
of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of
the Planning Director, based upon a request from the Homeowners Association
accompanied by a report from a qualified arboristhotanist indicating the need to remove
specified trees and/or plants because of disease or impending danger to adjacent habitable
dwelling units. For areas containing native vegetation the report required to accompany
the request shall be prepared by a qualified biologist.
The grading plan for the project shall incorporate all recommendations identified
within the Preliminary Geotechnical Investigation Report (vinje & Middleton
Engineering, Inc., May 22, 2003) and the Phase I Environmental Site Assessment
(Vinje & Middleton Engineering, Inc., May 14,2003).
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33.
The project shall incorporate all mitigation measures identified in the Biological
Resources Survey Report (Vincent N. Scheidt, October, 2003).
The project shall complete an interior noise analysis, compliant with the CCR, Title
24, Noise Insulation Standards, prior to the issuance of building permits for future
homes to demonstrate that the proposed architectural design would limit interior
noise levels to 45 dBA CNEL or less, consistent with the City of Carlsbad Noise
Guidelines Manual.
En Pineering
General
34. 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.
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.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all public street intersections in
accordance with Engineering Standards.
35.
36.
37.
FeedAgreements
38.
39.
40.
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.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed sight
distance corridor as shown on the Tentative Map over a portion of Lot 1 and Lot 16.
The deed restriction document shall be in a form acceptable to the City Engineer and
shall:
A. Clearly delineate the limits of the sight distance corridor;
B. State that the sight distance corridor is to be maintained in perpetuity by the
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underlying property owner; and
C. State that no objects be permitted within the si@ distance corridor that restrict,
or impede sight distance pursuant to Caltrans and City sight distance
standards.
41. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the Tentative Map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
A.
B.
Clearly delineate the limits of the drainage course;
State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
C.
Grading
42.
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46.
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.
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 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.
All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the "dry season," April 1st to October 1st of each
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year. Grading activities may be extended to November 15th and beyond upon written
approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1 st.
Dedications/Improvements
47.
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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. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost to the City. Streets that already public are not required to
be rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
On the Final Map, Developer shall cause Owner to waive direct access rights to and from
Black Rail Road over Lots 1 and 16.
Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, storm drain, 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) Half-width street improvements along the frontage of Black Rail Road and
full width street improvements to Street “Ayy as shown on the Tentative Map
including pavement and striping transitions to the satisfaction of the City
Engineer.
Proposed storm drain, sewer and potable water line improvements in Street
(‘A,’’ including extensions of proposed sewer and storm drain improvements
to the east necessary to serve this project.
Proposed streetlights along Black Rail Road and Street “A” as required.
b)
c)
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 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 notifying prospective owners and
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52.
53.
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 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 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:
1)
2)
3)
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.
4)
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SW).”
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:
1. identi@ existing and post-development on-site pollutants-of-concern.
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2.
3.
the hydrologic unit this project contributes to and impaired water bodies that
would 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.
identify how post-development runoff rates and velocities fi-om the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
provide calculations to ensure that numeric sizing criteria is met.
4.
5.
6.
7.
54. Developer shall underground all existing overhead utilities within the subdivision
boundary.
55. Prior to approval of the Final Map, Developer shall contribute a pro-rata share of
the cost for design and construction of a traffic signal at the intersection of Black
Rail Road and Poinsettia Lane. 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
56. Developer shall show on Final Map the gross and net developable acres for each parcel.
57. 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. 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
58. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants shall be considered
public improvements and shall be served by public water mains to the satisfaction of the
District Engineer.
59. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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60.
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- Fire
64.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno County Water
Authoritv capacity charne(s) prior to issuance of Building Permits.
The Developer shall install potable water and/or recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall design and construct public water and sewer 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 services and meters for each lot.
There shall be no combustible construction within 100 feet of undisturbed natural
vegetation. Future home on Lots 8 and 9 shall require additional protective
elements in-lieu of an auto-sprinkler system. One-hour construction of the aspects
of the future homes facing the Fire Suppression Zones shall be required.
Code Reminders
65
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68.
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71.
72.
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.
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 from the date this tentative map
approval becomes final.
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.
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
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with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
73. 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.
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 1st day of September, 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Segall
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
H. WHITTON, Chai&son
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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