HomeMy WebLinkAbout2005-03-02; Planning Commission; Resolution 58441
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5844
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 04-13 TO
DEVELOP 168 ONE-, TWO- AND THREE-BEDROOM
AFFORDABLE APARTMENTS IN NINE INDIVIDUAL
BUILDINGS ON A 15.8 ACRE SITE GENERALLY LOCATED
AT THE SOUTH EAST CORNER OF RANCHO SANTA FE
ROAD AND SAN ELIJO ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASENAME: VILLAGES OF LA COSTA - OAKS
NEIGHBORHOOD 3.6 AFFORDABLE SITE
CASE NO.: SDP 04-13
WHEREAS, CIC La Costa L.P., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
La Costa Oaks North, being a subdivision of portions of parcel
map 10179, filed in the office of the County Recorder of San
Diego County June 17,1980 as file No. 80-204502, and Sections
29,30 and 32 Township 12 South Range 3 West, all in the City
of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “Y” dated March 2,2005, on file in the Planning Department,
VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE - SDP
04-13 as provided by Chapter 21.06/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of March, 2005, 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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA
- OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE - SDP 04-13 based
on the following findings and subject to the following conditions:
FindinrJs:
1.
2.
3.
4.
5.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed 168 unit affordable housing project is
consistent with the land use designation and density allowed by the Villages of La
Costa Master Plan and will help to meet the housing needs of the community. The
project is consistent with all City policies and development standards and the
requirements of the Villages of La Costa Master Plan. The City Council approved
the Master Plan, and in doing so, made the finding that the Master Plan implements
the General Plan and is consistent with the goals, policies and objectives of the
General Plan.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards including the RD-M
Zone and the standards and design criteria established by the Villages of La Costa
Master Plan.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is consistent with the design criteria of the
Villages of La Costa Master Plan in that all setbacks have been provided, a 50’
landscape buffer is provided along Rancho Santa Fe Road, landscaping has been
integrated throughout the site, communityhoise walls are being provided and
community recreation facilities are integrated into the plan.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the public streets will be improved to full width
with curbs, gutters, sidewalks, and that the proposed streets have been
demonstrated to be adequate to accommodate the traffic generated by this project
through the approval of the Villages of La Costa Master Plan.
That 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
PC RES0 NO. 5844 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
an Affordable Housing Agreement to provide and deed restrict 168 dwelling units as
affordable to lower-income households for 55 years.
6. 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. 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.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. The Planning Director has determined that:
a.
b.
C.
d.
e.
f.
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
approved earlier, and that the program EIR adequately describes the activity for
the purposes of CEQA); [ 15 168( c)(2) and (e)]; and
this project is consistent with the Master Plan cited above; and
the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior project or plan; and
the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
all feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
9. 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.
PC RES0 NO. 5844 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Conditions:
Note:
1.
2.
3.
4.
5.
6.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
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; record a notice of violation on the
property title; 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 Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan SDP 04-13 documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Site Development Plan SDP
04-13, (b) City's approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City's approval is not
validated.
Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
PC RES0 NO. 5844 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. 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.
8. 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.
9. 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 the following:
A. Architectural design features needed to achieve the interior noise standard of
45 dBA CNEL shall be included on the building plans. A statement
certifying that the required architectural design features have been
incorporated into the building plans, signed by the acoustical
analyst/acoustician shall be located on the building plans. The architect shall
also include his registration stamp in addition to the required signature. All
noise level reduction architectural components shall be shown on the
architectural building plans, and shall be approved.
B. Paint types shall be indicated on the building plans and shall be reviewed
and approved by the Building Department. When available as a viable
option, water based paints shall be utilized rather than conventional solvent
based solutions and powder coatings (where applicable) and zero-emission
paints shall be used.
C. In conjunction with the rental or lease of a residence, all prospective tenants
shall be notified in writing that they shall:
1) Establish or work with established disposal programs for the removal
and proper disposal of toxic and hazardous waste products.
2) Not discharge or cause to be discharged any toxic chemicals or
hydrocarbon compounds, such as gasoline, motor oil, anti-freeze,
solvents, paints, paint thinners, wood preservatives, and other such
fluids, into any public or private street or into any storm drain or
storm drain conveyance.
3) Use and/or dispose of all pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments in
accordance with Federal, State, County and City requirements as
prescribed on their respective containers.
PC RES0 NO. 5844 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10.
11.
12.
13.
14.
15.
16.
4) Employ BMPs to eliminate or reduce surface pollutants when
planning any changes to the landscaping and/or surface
improvements.
D. Subject to the terms and conditions of the governing Water District, the
developer shall install dual irrigation systems for reclaimed water.
This approval shall become null and void if building permits are not issued for this
project within 18 months fi-om the date of project approval.
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.
Prior to the issuance of building permits for any lots or units, the Developer shall consult
with the Housing and Redevelopment Director and if so required by the Director shall
enter into an Amended Affordable Housing Agreement with the City to provide and deed
restrict 168 dwelling units as affordable to lower-income households at 70% or lower
AMI for fifty-five (55) years, in accordance with the requirements and process set forth
in Chapter 21.85 of the Carlsbad Municipal Code. The draft Amended Affordable
Housing Agreement shall be submitted to the Planning Director no later than 60 days
prior to the request to final the map. The recorded Amended Affordable Housing
Agreement shall be binding on all fbture 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, the
City’s Landscape Manual, and the Villages of La Costa Master Plan. Slopes on
Rancho Santa Fe Road and San Elijo Road shall be landscaped to screen dwelling
units and soften views of the dwelling units. 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 bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
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
PC RES0 NO. 5844 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17.
18.
19.
20.
21.
22.
23.
24.
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to occupancy of the first dwelling unit the Developer shall begin construction of
the common recreation areas. The recreation areas, including landscaped play
areas and recreation buildings, shall be approved for use prior to the occupancy of
50% of the total units to be constructed in this neighborhood.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan and Hillside Development Plan
by Resolutions No. 5844 and 5845 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.
Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from Rancho Santa Fe Road, in a form
meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on
file in the Planning Department).
Prior to the issuance of building permits, 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 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 construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
PC RES0 NO. 5844 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
25.
26.
27.
28.
30.
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than the minimum required 363
parking spaces, as shown on Exhibits “C - E.”
All visitor parking spaces shall be striped a different color than the assigned
resident parking spaces and shall be clearly marked in a manner approved by the
Planning Director.
The management company shall ensure that there is no outdoor storage of
household goods, sports equipment, etc., on balconies and/or patios except for
barbeques, outdoor tables and chairs, or similar types of furniture commonly found
on balconies and/or patios.
This approval is granted subject to the approval of HDP 04-10 and is subject to all
conditions contained in Planning Commission Resolutions No. 5845 for those other
approvals incorporated herein by reference.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed site plan, must be met prior to approval of a building or
grading permit whichever occurs first.
General
3 1. 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.
32. 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.
33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
..I
...
PC RES0 NO. 5844 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
34.
35.
Developer shall apply for a Substantial Conformance Determination to adjust the
proposed lot lines as shown on Carlsbad Tract No. CT 99-04. The adjusted lot lines
shall match the proposed project sound wall along Rancho Santa Fe Road as shown
on the project site plan. Lot 207 shall be merged with Lot 29.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement in the projects
CC&Rs.
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner shall maintain this condition.”
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
36. 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.
37. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Developer shall cause Owner to execute an Agreement to
annex the Oaks North property (Lots 201-219 of CT 99-04) property into City of
Carlsbad SL&LD #2. The Agreement shall be in a form approved bythe Assistant City
Finance Director. Developer shall pay all fees necessary to annex the property into
SL&LD #2.
Grading
38. 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.
39. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance fkom both the City Engineer and Planning Director.
...
...
PC RES0 NO. 5844 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
!
40.
41.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, 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 or
commencement of any earthwork activities onsite.
Prior to any grading occurring north of the storm drain outlet constructed with
DWG 368-2 at station 249+75, the drainage improvements as shown on City
drawing numbers 368-2B, adjacent to and within the subject project site, shall be
completed to the satisfaction of the City Engineer. Alternatively, grading to the
north of the storm drain may occur if the Developer provides a phased grading plan
and drainage study acceptable to the City Engineer.
Dedicationsflmprovements
42.
43.
44.
45.
46.
Developer shall cause Owner to execute a covenant of easement for access purposes.
The easement shall be for the benefit of those properties lying east of the subject
property and west of the first intersection east of the site on San Elijo Road in the
City of San Marcos. The easement shall allow for access over Driveway “C” and
Driveway “A.” The obligation to execute and record the covenant of easement shall be
shown and recording information called out on the grading and improvement plans.
Developer shall provide City Engineer with proof of recordation prior to issuance of
building permit.
Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for all public streets and other easements shown on the site plan.
The offer shall be made by separate recorded document, to the satisfaction of the City
Engineer. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Prior to commencement of any surface improvements, the storm drain
improvements as shown on City drawing number 368-2B shall be completed.
Alternatively, Developer may commence improvements if it can be demonstrated, to
the satisfaction of the City Engineer, that the existing storm drain facilities have
adequate capacity to handle additional runoff associated with said improvements.
Prior to issuance of building permits within this development, Developer shall
execute and record a Development Improvement Agreement to design and install
and post appropriate security as provided by law, the following improvements
necessary to remove the projects San Elijo Road access and relocate project access
through University Commons as shown in the Villages of La Costa Master Plan, on
the tentative map for CT 99-04, and on the project site plan:
a. Removal of a portion of the plantable retaining wall, guard rail, curb, and
other necessary improvements along the northeasterly property line.
PC RES0 NO. 5844 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
47.
48.
49.
b. Removal of the San Elijo Road driveway and replacement curb, gutter,
sidewalk and pavement as required by the City Engineer.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 5-years
after the last building permit has been finaled within this Development.
Developer shall execute and record a Development Improvement Agreement to
design and install and post appropriate security as provided by law, public
improvements shown on the site development plan and the following improvements
including, but not limited to installation of traffic signals and ultimate intersection
striping per City Standards and constructed to the satisfaction of the City Engineer.
The improvements consist of:
a. Design and construct a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the
intersections of Rancho Santa Fe Road and Avenida Soledad. Developer
acknowledges the necessity of this signal is to serve only this project and
Developer will bear all costs associated with the design and construction of
this signal, if warrants are met. The signal shall be interconnected with
adjacent signals to facilitate signal coordination.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 5-years
after the last building permit has been finaled within this Development. The traffic
signal shall be installed only when written approval is received by the City
Engineer.
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
plan-check and inspection fees.
Developer shall execute and record City standard Development Improvement Agreements
to install and secure with appropriate security as provided by law, public improvements
shown on the site plan and the following improvements including, but not limited to:
paving, base, signing, striping, sidewalks, curbs and gutters, grading, clearing and
grubbing, relocation of utilities, water, sewer, fire hydrants, street lights, reclaimed water,
retaining walls, to City Standards to the satisfaction of the City Engineer. The
improvements are:
a) Avenida Soledad
b)
c)
Frontage improvements on Rancho Santa Fe Road and San Elijo Road as
generally shown on the site plan.
Infrastructure including sewer, water, storm drains, and recycled water
necessary for development and as generally shown on the site plan.
PC RES0 NO. 5844 -1 1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
50.
51.
52.
53.
54.
55.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
Developer shall cause Owner to waive direct access rights by separate document and
provide proof of recordation to the satisfaction of the City Engineer prior to the issuance
of a building permit for all lots abutting Rancho Santa Fe Road, Avenida Soledad, and
San Elijo Road.
Rancho Santa Fe Road, San Elijo Road and Avenida Soledad shall be dedicated by
Owner along the project frontage in conformance with City of Carlsbad Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along and within the project boundary.
Developer shall relocate or quitclaim those easements shown on sheet 6 of the Site
Development Plan as to be quitclaimed or relocated, to the satisfaction of the City
Engineer or written evidence shall be provided from the easement holder allowing
grading and/or improvements within the limits of their easement.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifjring prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint 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
PC RES0 NO. 5844 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
56. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
57. Prior to occupancy, Developer shall install street lights along all public and private street
frontages abutting and/or within the project site in conformance with City of Carlsbad
Standards.
58. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
project site in conformance with City of Carlsbad Standards.
59. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the project site in conformance with City of Carlsbad Standards.
PC RES0 NO. 5844 -13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
60. Developer shall have design, apply for and obtain approval of the City Engineer, for the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. The structural pavement design of the aisle ways shall be submitted together
with required R-value soil test information and approved by the City Engineer as part of
the building or grading plan review whichever occurs first.
SDecial Conditions
61. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the site plan 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.
Water
62.
63.
64.
65.
66.
67.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
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.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
The Developer shall meet with and obtain approval from the Vallecitos Water District
regarding sewer infrastructure available or required to serve this project.
Code Reminders:
68. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and the Villages of La Costa Master Plan and shall require
review and approval of the Planning Director prior to installation of such signs.
69. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PC RES0 NO. 5844 -14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
70.
71.
72.
73.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative 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 final 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.
...
...
PC RES0 NO. 5844 -15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5844 -16-