HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 6073PLANNING COMMISSION RESOLUTION NO. 6073
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT MAP CT 05-05 FOR AN
3 86-UNIT AIRSPACE CONDOMINIUM PROJECT ON TWO
LOTS TOTALING 11.6 ACRES ON PROPERTY GENERALLY
4 LOCATED NORTH OF DOVE LANE, EAST AND WEST OF
, ESTRELLA DE MAR ROAD, AND WEST OF THE LA COSTA
RESORT GOLF COURSE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 10.
CASE NAME: LA COSTA GREENS NEIGHBORHOOD 1.16
7 CASE NO.: CT 05-05
8 WHEREAS, KB Home Coastal, Inc. a California Corporation,
9
"Owner/Developer," has filed a verified application with the City of Carlsbad regarding
10
property described as
11
Parcel A:
13 Lot 16 of Carlsbad Tract No. 99-03 La Costa Greens, in the
City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14543, filed in the office of the
County Recorder of San Diego County February 12,2003
16
17 Parcel B:
18 Parcel 1 of Parcel Map No. 19754, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof filed in the office of the County Recorder of San Diego
20 County June 9,2005
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Tentative Tract
23
Map as shown on Exhibits "A" - "BB" dated April 19,2006, on file in the Planning Department
24
LA COSTA GREENS NEIGHBORHOOD 1.16 - CT 05-05, as provided by Chapter 20.12 of
£**J
the Carlsbad Municipal Code; and
27 WHEREAS, the Planning Commission did, on the 19th day of April, 2006, hold
28 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
2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
3
relating to the Tentative Tract Map.
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
0
B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of LA COSTA GREENS NEIGHBORHOOD
1.16 - CT 05-05 based on the following findings and subject to the following
10 conditions:
11 Findings;
12 1. The Planning Director has determined that:
13
a. the project is a subsequent activity of the Villages of La Costa Master Plan for
14 which a program EIR was prepared, and a notice for the activity has been given,
1,. 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
16 the purposes of CEQA); [15168(c)(2) and (e)]; and
17 b. this project is consistent with the Master Plan cited above; and
18 c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
19 with the prior plan; and
20 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and21
22 e- none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
23
f. all feasible mitigation measures or project alternatives identified in the Villages of
24 La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
26 2. 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
27 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
28 project is consistent with all regulations governing airspace subdivisions and aU
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minimum requirements of Title 20, and has been designed to comply with all other
2 applicable regulations including Title 21 and the Villages of La Costa Master Plan.
3 3. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development or Open Space on the
4 General Plan, in that the site has a General Plan Land Use Designation of Residential
Medium High Density (RMH) and surrounding properties are designated as
Residential Medium-High Density (RMH), Residential Low-Medium Density
6 (RLM), and Open Space (OS).
7 4. 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
8 proposed, in that all required development standards and design criteria of the
Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code are
incorporated into the project without the need for variances from development
10 standards.
11 5. 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
12 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 dedicate all
easements required for the proposed project.
14 6. That the property is not subject to a contract entered into pursuant to the Land
15 Conservation Act of 1965 (Williamson Act).
16 7. 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 two-, three- and four-plex buildings with adequate
lg separation to provide future residents with adequate air circulation within and
surrounding any future residential units.
19
8. That the Planning Commission has considered, in connection with the housing proposed
20 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.
22 9. That the design of the subdivision and improvements are not likely to cause substantial
23 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
24 Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan that was evaluated in
Final Program EIR 98-07 and that the site has been previously graded in
26 conjunction with the grading permit issued for CT 99-03.
27 10. 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
28 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
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project is conditioned to comply with the National Pollution Discharge Elimination
2 System (NPDES) requirements.
3 11. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, and Villages of La Costa
4 Master Plan based on the facts set forth in the staff report dated April 19, 2006
including, but not limited to the following:
a. Land Use - The project is consistent with the City's General Plan since the
proposed density of Neighborhood 1.15 and 1.16 combined, as proposed by the
7 Villages of La Costa Master Plan, is within the density range of 8-15 du/ac as
indicated on the Land Use Element of the General Plan, and does not exceed the
number of units permitted in the neighborhood by the Villages of La Costa
Master Plan.
10 b. 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
13 Greens Affordable Apartment Project has been constructed, and units in that
project will satisfy the inclusionary housing requirements for this project.
14
c. Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Villages of La Costa Master Plan
EIR, and Villages of La Costa Master Plan. The project will not impact the
designated open space as identified in the Villages of La Costa Master Plan.
17
d. Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
19 e. Circulation - The circulation system is designed to provide adequate access to
20 the proposed lots and complies with all applicable City design standards and
the Villages of La Costa Master Plan.
21
12. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 10 and all City public facility policies and
23 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
24 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,
27 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.
28
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b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
2 have been satisfied by the use of existing parkland credits in addition to the
dedication of land for the future Alga Norte Park.
3
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.
13. The project has been conditioned to pay any increase in public facility fee, or new
6 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
7 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.
o
9 14. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 10.
10
15. 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, in that
improvements necessary to maintain compliance with the growth management
13 performance standards are contained in the Zone 10 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
14 plan.
16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
16 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
17
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.
20
Conditions:
21
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
final map or issuance of a grading permit whichever occurs first.
23 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
24 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
27 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
28 or a successor in interest by the City's approval of this Tentative Tract Map.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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
3 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
4
<- 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.
6
4. If any condition for construction of any public improvements or facilities, or the payment
7 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
9 unless the City Council determines that the project without the condition complies with
all requirements of law.
10
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
I* harmless the City of Carlsbad, its Council members, officers, employees, agents, and
j 2 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
13 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-
14 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
15 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
17 validated.
1R 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
19 the Tentative Map reflecting the conditions approved by the final decision making body.
20 7. Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
21 format.
22 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
23 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
24
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
25 that Plan prior to the issuance of building permits.
27 10. This approval is granted subject to the approval of CP 05-06 and is subject to all
conditions contained in Planning Commission Resolution No. 6074 for that other
2° approval incorporated herein by reference.
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11. Building permits will not be issued for this project unless the local agency providing
2 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
3 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.
12. The Developer shall implement and comply with all applicable mitigation measures
6 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.
13. Developer shall construct the required inclusionary units as stipulated in the First
9 Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Real Estate Collateral Management Company and the City of Carlsbad
10 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.
12 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
13 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.
16 15. 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
17 project's building, improvement, and grading plans.
18 16. 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
20 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:
22 a. General Enforcement by the City. The City shall have the right, but not the
23 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
24
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
26 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
27
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
PC RESO NO. 6073 -7-
City shall have the right, but not the duty, to perform the necessary maintenance. If
2 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
3 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
6 be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
7
d. Special Assessments Levied by the City, hi the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
9 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
10 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
13 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
14 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,
17 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
20 his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
21
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
23
f. Maintenance of Trees: A minimum clearance of 13 feet 6 inches shall be
24 provided between the lowest branches of any tree canopy and the adjacent
paved driveway in order to provide adequate clearance for emergency vehicles.
g. Landscape Material Restrictions: Restrictions to landscape materials adjacent
to conserved habitat areas shall be as set forth in Exhibit .
27 Invasive/exotic species not to be used include those listed on Lists A and B of the
Exotic Plants of Greatest Ecological Concern in California" adopted by the
28 California Exotic Pest Plants Council, October, 1999.
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1 h. HCP/OMSP Educational Material; Exhibit describes the importance
2 and sensitivity of the conserved habitat areas and ways to avoid impact to them.
3 i. Lighting Restrictions on Private Residential Lots; Restrictions on lighting within
residential lots adjacent to open space conservation areas shall be as set forth in
4 Exhibit
j. The CC&R's shall include restrictions prohibiting storage of items within the
6 garage that would encroach within the required 20 foot x 20 foot garage space.
The garage space shall be available for parking two vehicles.
7
17. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
9 such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
10
18. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
13 19. 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
14 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 10, pursuant to Chapter 21.90. All such
16 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.
17
20. 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.
20
21. Developer shall submit a street name list consistent with the City's street name policy
subject to the Planning Director's approval prior to final map approval.
22 22. Developer shall report, in writing, to the Planning Director within 30 days, any address
23 change from that which is shown on the permit application.
24 23. 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, notifying all interested
26 parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map and Condominium Permit by Resolutions No. 6073 and 6074 on the property.
27 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
PC RESO NO. 6073 -9-
which modifies or terminates said notice upon a showing of good cause by the Developer
2 or successor in interest.
3 24. 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
6 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
7 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.
9
25. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
10 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 and111 l existing schools, parks and streets.
12 26. Developer shall post a sign in the sales office in a prominent location that discloses which
13 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
14
27. 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
16 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
17 #1 on file in the Planning Department).
18 28. 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
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
20 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).
21
29. 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
23 approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
24
30. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and Villages of La Costa Master Plan and shall require
review and approval of the Planning Director prior to installation of such signs.
27 31. All garages shall be equipped with roll-up garage doors.
32. Developer shall dedicate on the final map, an open space easement on all manufactured
slopes to prohibit any encroachment or development, including but not limited to fences,
PC RESO NO. 6073 -10-
walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on
2 Exhibit "D".
3 33. Landscaping adjacent to the existing off-site development and open space Areas 1H
and 1.1 shall be compatible with the existing native vegetation.
4
34. All landscaping and grading in the SDG&E utility easement corridor portions of
Open Space Areas l.H and I.I shall meet with the approval of SDG&E.
35. The construction of the required recreation areas in Neighborhood 1.16 shall
commence prior to the occupancy of the first unit, and shall be approved for use
prior to the occupancy of 50% of the units within the subject neighborhood.
o
9 36. A minimum clearance of 13 feet 6 inches shall be provided between the lowest
branches of any tree canopy and the adjacent paved driveway in order to provide
10 adequate clearance for emergency vehicles.
37. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
12 including parking areas, community recreation areas and at project entries (if
proposed). All lighting shall be designed to reflect downward and avoid any impacts on
13 adjacent homes or property. Lighting shall not illuminate residential areas past the
hour of 10:00 p.m.
14
,<- 38. Prior to occupancy of any units within Neighborhood 1.16, 1,720 square feet of
temporary or permanent RV storage shall be made available in La Costa Greens
16 Neighborhood 1.2.
17 39. A pedestrian access point shall be provided from the end of the cul-de-sac to Dove
Lane, subject to approval of the Planning Director.
lo
19 Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
20 approval of this proposed tentative map, must be met prior to approval of a Final Map or
Grading Permit, whichever occurs first.
21
General
.~ 40. 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
24 for the proposed haul route.
25 41. 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.
27 42. 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: sidewalks, street lights, storm drain and water quality
PC RESO NO. 6073 -11-
treatment facilities located therein and to distribute the costs of such maintenance in an
2 equitable manner among the owners of the properties within the subdivision.
3 43. There shall be one Final Map recorded for this project
4 44. Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CC&R's).
6 Type II
No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
8 permitted on the subject property within an intersection sight distance corridor
established per Carlsbad Engineering Standards, Volume 1, Chapter 3, Section 8.B.
9 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.
12 Fees/Agreements
13 45. 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.
14
46. 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.
17 47. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
18 associated Poinsettia Lane East Assessment District 2002-1, or the assessments must be
paid in full. Developer shall pay all associated costs of said reapportionment. The
application shall be submitted to the City Engineer with the application for the final
20
48. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
22 map for this project, Developer shall cause Owner to execute an Agreement to annex the
subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
24 property into SL&LD #2.
25 49. Developer shall execute a standard City of Carlsbad encroachment agreement for the
proposed private street lights.
26
Grading
27
50. 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.
PC RESO NO. 6073 -12-
51. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
2 City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
3 contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
52. 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.
7
Dedications/Improvements
8
53. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
° other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the Final Map. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
Streets that already public are not required to be rededicated.
12 54. 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
15 hydrants, street lights, stormwater quality treatment devices and reclaimed water, to
City Standards to the satisfaction of the City Engineer. The improvements are:
16
a) Construct street, potable water, sewer, storm drain, stormwater quality
*' treatment devices and reclaimed water within Estrella de Mar Road, private
lg streets "A," "B," "C," "D" and "E" as shown on the Tentative Map.
19 b) The improvements shown on approved City of Carlsbad Drawing Numbers
397-2H and 397-21 ("the Improvements") shall be substantially complete to
20 the satisfaction of the City Engineer prior to approval of the Final Map. If
the Improvements have not been substantially completed to the satisfaction
of the City Engineer, the City Engineer may require additional security for
22 the Improvements prior to approval of the Final Map.
23 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
24 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided hi said agreement.
55 Prior to issuance of building permits, Developer shall underground all existing overhead
utilities within the subdivision boundary.
27 56. Prior to recordation of the final map, Developer shall prepare and submit a traffic
28 signal warrants analysis for the intersection of Estrella de Mar Road and Poinsettia
Lane for 2030 conditions, based on the latest update of the Carlsbad model, to the
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satisfaction of the City Engineer. Developer acknowledges the necessity of this signal
2 is to serve this project and Developer will bear all costs associated with the design
and construction of this signal, if warrants are met. If indicated by the warrants
3 analysis, 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
f improvements including, but not limited to installation of traffic signals and
ultimate intersection striping per City Standards and constructed to the satisfaction
6 of the City Engineer. The improvements consist of:
7 a) Design and construct a new fully actuated traffic signal at the intersection of
Estrella de Mar Road and Poinsettia Lane. The signal shall be interconnected
° with adjacent signals to facilitate signal coordination.
Q
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 issued within this development. The traffic
11 signal shall be installed only when written approval is received from the City
Engineer.
12
57. 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
14 (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
15 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
16 the project. At a minimum, the SWPPP shall:
a. include all content as established by the California Regional Water Quality
Control Board requirements;
b. include the receipt of "Notice of Intent" issued by the California Regional Water
19 Quality Control Board;
c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
~, pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
22 d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
23 procedures for handling clean up and disposal of pollutants.
24 58. Prior to the issuance of grading permit or building permit, whichever occurs first,
25 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
26 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
2' 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:
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a. identify existing and post-development on-site pollutants-of-concem;
2 b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
3 c. recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
4 maximum extent practicable before discharging to City right-of-way;
- d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
6 procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
7 f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
9 Final Map Notes
10
59. Developer shall show on Final Map the net developable acres for each parcel.
11
60. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
12
a) All improvements are privately owned and are to be privately maintained with the
exception of the following:
14 1. Public street, sewer, water, reclaimed water and storm drain
15 improvements shown within public streets and easements.
16 61. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
17
62. Geotechnical Caution:18
. „ a) The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
20 that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
21 subdivision due to its construction, operation or maintenance.
22 Special Conditions
23 63. The Average Daily Trips (ADT) and floor area contained in the staff report and
24 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
25 City of Carlsbad Municipal Code, respectively.
26 Water
27 64. 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
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considered public improvements and shall be served by public water mains to the
2 satisfaction of the District Engineer.
3 65. 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.
4 At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
, 66. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
7 Authority capacity charge(s) prior to issuance of Building Permits.
8 67. 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.
68. 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.
69. The Developer shall install (potable water and/or recycled water services) and meters at a
12 location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
13
70. The Developer shall install sewer laterals and clean-outs at a location approved by the
14 District Engineer. The locations of sewer laterals shall be reflected on public
1,. improvement plans.
jg 71. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
17 Engineer. Proposed public facilities shall be reflected on public improvement plans.
18 72. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
20 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
21 73. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
22 adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.23
». 74. The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
25 flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall be submitted concurrently with the
26 improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
^o 75. The Developer shall submit a detailed recycled water study, prepared by a Registered
Engineer that identifies the peak demands of the project. The study shall identify velocity
PC RESO NO. 6073 -16-
in the main lines and the required pipe sizes. Said study shall be submitted concurrently
2 with the improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
3
Code Reminders
4
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
6 76. The tentative map shall expire twenty-four (24) months from the date this tentative map
7 approval becomes final.
° 77. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
10 of the City Engineer.
11 78. 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
13 Municipal Code, respectively.
14 79. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
15
80. 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
17 permit issuance, except as otherwise specifically provided herein.
81. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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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 fees/exactions. 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of April 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman,
Segall and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELL B. MONT<fOMERYMjrairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PC RESO NO. 6073 -18-