HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57361
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PLANNING COMMISSION RESOLUTION NO. 5736
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 04-03 TO
SUBDIVIDE 62.1 ACRES INTO 104 RESIDENTIAL LOTS, 6
OPEN SPACE LOTS AND 9 PRIVATE STREET LOTS ON
PROPERTY GENERALLY LOCATED TO THE EAST OF EL
FUERTE STREET AND ALONG THE NORTH AND SOUTH
SIDES OF CORINTIA STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASE NAME: VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4
CASE NO. : CT 04-03
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 222, 230, 231, and 232 of Carlsbad
Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhoods 2.3 and 2.4 in the City of Carlsbad, County of
San Diego, State of California according to map thereof No.
14838 filed in the Office of the County Recorder of San Diego
County on 7-14-04
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “X” dated October 6, 2004, on file in the Planning
Department VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4 - CT 04-03, as provided by
Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VLC RIDGE NEIGHBORHOODS 2.3
AND 2.4 - CT 04-03 based on the following findings and subject to the following
conditions:
Fin dings:
1.
2.
3.
4.
5.
6.
7.
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 lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable City
regulations including the Villages of La Costa Master Plan.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single-family residential development or as
open space on the General Plan, in that they are designated as RLM (Low-Medium
Density Residential) or OS (Open Space).
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations including the Villages of La Costa Master Plan.
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 prior to recordation of the final map the developer is conditioned to obtain any
easements required for the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
residential units.
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.
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8.
9.
10.
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 proposed development is not within a preserve area of the Habitat
Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan which was evaluated in
Final Program EIR 98-07.
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 Pollution 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, Villages of La Costa Master
Plan based on the facts set forth in the staff report dated October 6, 2004 including, but
not limited to the following:
a.
b.
C.
d.
e.
Land Use -The project is consistent with the City’s General Plan since the
proposed density is within the density range of 0-4 du/acre specified for the site
as indicated on the Land Use Element of the General Plan, and, subject to the
approval of MP 98-01(C), does not exceed the number of units permitted
within each neighborhood by the Villages of La Costa Master Plan.
Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa
Master Plan as the developer is required to construct affordable housing
units consistent with the First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages of La Costa. The
Greens Affordable Apartment Project has been approved and units in that
project will satisfy the inclusionary housing requirements for this project.
Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan.
The project will not impact the designated open space and will provide
master plan trails and connections to the adjacent neighborhoods as
identified in the master plan.
Noise - Pursuant to the recommendations of a project specific noise study
prepared for the tentative map, the project has been conditioned to require
an interior noise assessment to determine proper architectural treatments
(Le., specialized door and window treatments) for any identified lots where
the CNEL exceeds 60 dBA at the second story.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
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11.
12.
13.
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15.
16.
f. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
the Villages of La Costa Master Plan.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 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 San Marcos 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
have been satisfied by the use of existing parkland credits in addition to the
dedication of Iand for the future Alga Norte Park Site.
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 2 1.90 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 11.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concyrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 11 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
The Planning Director has determined that:
a. The project is a subsequent activity of the Villages of La Costa Master Plan for
which a program EIR was prepared, and a notice for the activity has been given,
which includes statements that this activity is within the scope of the program
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approved earlier, and that the program EIR adequately describes the activity for
the purposes of CEQA; [ 15 168(c)(2) and (e)];
b. This project is consistent with the Master Plan cited above;
c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior Master Plan;
d. The project has no new significant environmental effect not analyzed as
significant in the prior EIR;
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
f. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 98-07 which are appropriate to this Subsequent
Project have been incorporated into this Subsequent Project.
17. 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 recordation of
the Final Map or issuance of a 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
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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4.
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If any condition for construction of any public improvements or facilities, orthe payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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5.
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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 Director 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 San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities for the permits being issued.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 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. Notes: A note to this
effect shall be placed on the Final Map.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures 4.4-22, 4.4-23, 4.4-29, 4.4-30, 4.7-7, 4.7-9, 4.7-13, 4.8-1, 4.8-2, 4.8-3, 4.9-1,
8,4.11-9,4.11-10,4.12-9,4.12-10,4.12-11 and 4.13-5.
4.9-2,4.9-3,4.9-4,4.10-8,4.10-9,4.10-10,4.10-11,4.10-12,4.11-2,4.11-6,4.11-7, 4.11-
This approval is granted subject to the approval of PUD 04-01 and MP 98-01(C) and is
subject to all conditions contained in Planning Commission Resolutions No. 5737 and
5738 for those other approvals.
PC RES0 NO. 5736 -6-
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12. Developer shall construct the required inclusionary units as stipulated in the First
Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Real Estate Collateral Management Company and the City of Carlsbad
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.
13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
15. Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have 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
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in the project Exhibits.
f. Outdoor lighting restrictions for private residential lots located adjacent to the
HCP/OMSP shall be noted in the proposed project CC&Rs.
g. Educational materials regarding the sensitivity of the HCP/OMSP shall be given
to proposed Project Residents as part of the CC&Rs. The materials shall state
the importance of the conserved habitat areas and ways to avoid impacts to
them.
h. No combustible patio covers, decks or similar structures to homes shall occur
within the first 20 feet (Zone 1) of the 60 foot Fire Protection Zone unless fire
rated or heavy timber materials are utilized and approval of said materials shall
be obtained prior to installation from the Building Department.
i. Unless the Fire Protection Zone begins at the property line, trees and shrubs
shall be prohibited in the first 20 feet of the 60 foot zone.
16. 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 11, pursuant to Chapter 21.90. All such
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17.
18.
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taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Prior to the issuance of the grading permit or recordation of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifjmg all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map and Planned Development Permit by Resolutions No. 5736 and 5737 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.
If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#I on file in the Planning Department).
Prior to the recordation of the final tract map or the issuance of building permits,
whichever occurs first, 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).
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23.
24.
25.
Developer shall post aircraft noise notification signs in all sales and/or 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).
Removal of native vegetation and development of Open Space Lots 104 - 109, including
but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and
landscaping, other than that approved as part of (the grading plan, improvement plans,
biological revegetation program, landscape plan, etc.) as shown on Exhibits “A” - “W”
is specifically prohibited, except upon written order of the Carlsbad Fire Department for
fire prevention purposes, or upon written approval of the Planning Director, and
(California Coastal Commission if in Coastal Zone), 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.
Any signs proposed for this development shall at a minimum be designed in conformance
with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
Eneineering
General
26. 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.
27. 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.
28. Developer shall and does hereby agree to indemnifl, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from and
against any and all liabilities, losses, damages, demands, claim 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 parcel map, (b) City’s approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer’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.
29. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
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located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
30. 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.
3 1. There shall be one Final Map recorded for this project.
32. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
FeedAgreements
33. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
34. 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.
35. 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
36. 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.
37. 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 any building permits.
38. Construction of the trail between lots 9 and 10 shall be clearly shown on the grading
plans.
Dedications/Improvements
39. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for easements as shown on the tentative map. Offers shall be
made by a certificate on the final map, or by separate recorded document. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
40.
PC RES0 NO. 5736
Traffic calming measures shall be installed as required by the City Engineer. The
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specific design and location of said measures shall be determined during final design
of the subdivision improvements.
Prior to recordation of the final map, Developer shall process a construction change
to City approved drawings 397-3 and 397-3A to reflect the desired modifications at
the project entry adjacent to El Fuerte Street.
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, public improvements
shown on the tentative map and the following improvements including, but not limited to
paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, to City Standards and to the
satisfaction of the City Engineer. The improvements are:
a)
b)
All those public improvements and improvements necessary to support the
proposed development, as shown on the tentative map.
Unless previously constructed prior to recordation of the final map, all those
improvements within neighborhood 2.1 and 2.2 of Carlsbad Tract CT 04-02
necessary to provide a secondary vehicular access point to serve the proposed
development.
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.
Prior to approval of the final map or issuance of a grading permit, Developer shall
process, and obtain approval of, a construction change to the existing City approved
improvement plans (397-3) to incorporate recycled water lines, to the satisfaction of the
Carlsbad Municipal Water District's Engineer.
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
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limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish c 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, fimgicides,
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.
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. identify existing and post-development on-site pollutants-of-concern;
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49.
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b.
c.
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.
Prior to occupancy, Developer shall install street lights, sidewalks, and wheelchair
ramps, along all public and private street frontages abutting and/or within the subdivision
boundary in conformance with City of Carlsbad Standards.
Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
5 1. Developer shall show on Final Map the net developable acres for each parcel.
52. Abandonment or quitclaim of a portion of the existing relinquishment of access
rights adjacent to lot 119 as shown on map 14838 shall be processed prior to or
concurrently with recordation of the final map.
53. 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.
Public water mains and appurtenances
Public sanitary sewer mains and appurtenances
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
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Fire
54.
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2. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
fiom any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
D. 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.
All building elevations of future homes on Lots 1, 2, 4, 5, 6, 7, 8, 43,44 and 55 that
abut the Fire Protection Zones shall be constructed with 1-hour fire resistive
exterior walls and features, rated in conformance with the California Building Code
(CBC). Contact the Carlsbad Fire Department for approved materials and methods.
Lots that are subject to this special condition shall have the suffix “FR” added to the
lot designator and shall be noted by lot number on the title sheet of the tentative
map mylar.
No combustible patio covers, decks or similar structures to homes shall occur within
the first 20 feet (Zone 1) of the 60 foot Fire Protection Zone unless fire rated or
heavy timber materials are utilized and approval of said materials shall be obtained
prior to installation from the Building Department.
Unless the Fire Protection Zone begins at the property line, trees and shrubs shall be
prohibited in the first 20 feet (Zone 1) of the 60 foot zone.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
57. 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 unless determined to be
satisfied through compliance with the provisions of the 1996 Parks Agreement.
58. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
59. 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.
60. The tentative map shall expire twenty-four (24) months fiom the date this tentative map
approval becomes final.Developer shall exercise special care during the construction
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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.
62. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
63. Some improvements shown on the tentative parcel map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer shall immediately initiate negotiations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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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 6th day of October 2004, by
the following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
Chairperson Whitton and Commissioner Heineman
R, Vice Chairperson
PLANNING COMMISSION
ATTEST:
Planning Director
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