HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 6096PLANNING COMMISSION RESOLUTION NO. 6096
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP TO GRADE AND SUBDIVIDE A
3 5.12-ACRE SITE INTO 29 SMALL LOTS FOR SINGLE-
FAMILY HOMES, 2 OPEN SPACE LOTS, AND 1 DRIVEWAY
4 LOT ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF LOWDER LANE AND
POINSETTIA LANE, IN THE MELLO II SEGMENT OF THE
6 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 4.
7 CASE NAME: POINSETTIA PROPERTY
CASE NO.: CT05-108
9 WHEREAS, Cottage Development Company, "Developer," has filed a verified
10 application with the City of Carlsbad regarding property owned by Eugene Boyland and
11 Shelley Thayer, "Owner," described as
12 Lot 171, of Carlsbad Tract No. 73-24, in the City of Carlsbad,
13 County of San Diego, State of California, According to Map
thereof No. 7996, filed in the Office of the County Recorder of
14 San Diego County, August 2,1974
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Tentative Tract
17
Map as shown on Exhibits "A" - "BB" dated May 17, 2006, on file in the Planning Department18
19 POINSETTIA PROPERTY - CT 05-10, as provided by Chapter 20.12 of the Carlsbad
20 Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 17th day of May 2006, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
*-*J
26 relating to the Tentative Tract Map.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2% Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES POINSETTIA PROPERTY - CT 05-10, based on the following
findings and subject to the following conditions:
4
~ Findings;
1. 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
7 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
° project is consistent with all requirements of the General Plan, and Titles 20 and 21
0 governing subdivisions and the design of planned developments.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan,
11 in that the proposed project consists of 29 small lot, single-family homes at densities
similar and compatible with the surrounding residential land uses.
3. 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
14 proposed, in that all required development standards and design criteria required by
the applicable zoning standards are incorporated into the project with the exception
15 of the "private rear yard" on lots 1-15, for which an approval of a Variance
(V 05-01) is required.16
4. 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
I g public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned such that there are no conflicts
with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
22 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
23 in a manner that allows for solar exposure and will take advantage of shade and
receive prevailing breezes.
24
7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
27
8. That the design of the subdivision and improvements are not likely to cause substantial
28 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the proposed development is not within an existing or proposed
PCRESONO. 6096 -2-
preserve area of the adopted Habitat Conservation Plan and the site is a previously
2 graded site.
3 9. 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
4 been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
6 System (NPDES) requirements.
7 10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated May 17,2006, 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 5.66 du/ac is within the Residential Medium density
range of 4 - 8 du/ac specified for the site as indicated in the Land Use
11 Element of the General Plan. The project's proposed density of 5.88 du/ac is
slightly below the Growth Management Control Point density (6 du/ac) used
for the purpose of calculating the City's compliance with Government Code
Section 65584. However, consistent with Program 3.8 of the City's certified
Housing Element, all of the dwelling units which were anticipated toward
14 achieving the City's share of the regional housing need that are not utilized
by developers in approved projects are deposited in the City's Excess
15 Dwelling Unit Bank. These excess dwelling units are available for allocation
to other projects. Accordingly, there is no net loss of residential unit capacity
and there are adequate properties identified in the Housing Element allowing
residential development with a unit capacity, including second dwelling
units, adequate to satisfy the City's share of the regional housing need.
18
b. Circulation - The project will take access off of Lowder Lane and the project
19 is required to construct full street improvements. On-site circulation consists
of a private driveway which will be designed in accordance with City
standards.
21 c. Noise - The project is required to construct a six-foot masonry sound
22 attenuation barrier along the north and west property lines fronting
Interstate 5 and Poinsettia Lane and provide an acoustical analysis to ensure
23 adequate interior noise attenuation below 45 dBA CNEL will be achieved.
24 d. Housing - The project is consistent with the Housing Element of the General
«<- Plan and the Inclusionary Housing Ordinance as the applicant is proposing
to purchase five affordable housing credits in the Villa Loma housing
26 project.
27 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 4, 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
PC RESO NO. 6096 -3-
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
2 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.
3 Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
t- School District that the project has satisfied its obligation for school facilities.
6 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
7
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.
9 12. The project has been conditioned to pay any increase in public facility fee, or new
10 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
11 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.
,, 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 4.
14
14. The Planning Commission of the City of Carlsbad does hereby find:
15
a. It has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program Poinsettia Property -
17 CT05-10/PUD 05-08/CDP 05-23/V 05-01, the environmental impacts therein
identified for this project and said comments thereon, and the Program, on file in
18 the Planning Department, prior to APPROVING the proj ect.
b. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
~~ Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines, and the Environmental
21 Protection Procedures of the City of Carlsbad.
22 c. They reflect the independent judgment of the Planning Commission of the City
of Carlsbad.
24 d. Based on the EIA Part II and comments thereon, the Planning Commission finds
that there is no substantial evidence the project will have a significant effect on
25 the environment.
15. 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
28 degree of the exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 6096 -4-
1
2 Conditions;
3
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
4 recordation or issuance of grading permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
7 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
10 or a successor in interest by the City's approval of this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
^ and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
13 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
14
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.
16 4. If any condition for construction of any public improvements or facilities, or the payment
17 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
. Q unless the City Council determines that the project without the condition complies with
all requirements of law.
20
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
21 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
23 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
24 nondiscretionary, 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
27 approval is not validated.
28
PC RESO NO. 6096 -5-
6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
2 copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.
3
7, Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
5 obligation to provide school facilities.
6 8, This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 4 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency providing
9 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
10 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 10. Developer shall implement, or cause the implementation of, the Poinsettia Property
13 Project Mitigation Monitoring and Reporting Program.
11. Developer shall submit and obtain Planning Director approval of a Final Landscape and
« 5 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
16 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
17
12. 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
19 project's building, improvement, and grading plans.
20 13. 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
22 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
23 Director. At a minimum, the CC&Rs shall contain the following provisions:
24 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
26
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
27 City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
PCRESONO. 6096 -6-
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
2 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
3 City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
6 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
7 period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
9 d. Special Assessments Levied by the City, hi the event the City has performed the
10 necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
-, 2 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
13 full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
16 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
17 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 pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
20 assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
23
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
24 landscape maintenance responsibilities shall be as set forth in Exhibit
25 f. Balconies, trellis and decks. The individual lot or unit owner allowances and
26 prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit
27 n
14. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, Planned Development Permit,
Coastal Development Permit, and Variance and is subject to all conditions contained
PCRESONO. 6096 -7-
in Planning Commission Resolutions No. 6096, 6097, 6098, and 6099 for those other
2 approvals incorporated herein by reference.
3 15. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase
c 5 housing credits in the Villa Loma housing project to satisfy the project's affordable
housing requirement, in accordance with the requirements and process set forth in
6 Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
16. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
10 recreational facilities.
17. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
13 18. Prior to the issuance 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
14 the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, and Variance by Resolutions No. 6096, 6097, 6098, and
6099 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
17 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
1 ° which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
20 19. 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.
21
20. 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
23 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
24 Local Facilities Management Plan fee for Zone 4, 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.
26 21. If satisfaction of the school facility requirement involves a Mello-Roos Community
27 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,
28 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
PC RESO NO. 6096 -8-
existence of the tax or fee, and that the school district is the taxing agency responsible for
2 the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
3 fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
4
22. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
6 or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
7
23. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
9 posted until ALL of the units are sold.
10 24. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor
(Interstate 5 and Poinsettia Lane), in a form meeting the approval of the Planning
Director and City Attorney (see Noise Form #1 on file in the Planning Department).
13
25. 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
1,. 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).
17 26. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
20 27. 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.
22 Engineering
23
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
24 approval of this proposed tentative map, must be met prior to approval of a final map, building or
grading permit whichever occurs first.
General
27 28. 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.
PC RESO NO. 6096 -9-
29. Developer shall provide to the City Engineer an acceptable means, CC&Rs, and/or other
2 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
3 located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
<- 30. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
6
31. There shall be one Final Map recorded for this project.
7
32. Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
9 statement on the Final Map (and in the CC&Rs):
10 "No structure, fence, wall, tree, shrub, sign, or other object above the street level may be
placed or permitted to encroach within the area identified as a sight distance corridor in
11 accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The
12 underlying property owner shall maintain this condition."
13 The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
14
Fees/Agreements
16 33. Developer shall cause property owner to execute and submit to the City Engineer, for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
17
34. Developer shall cause property owner to execute and submit to the City Engineer for
° recordation the City's standard form Drainage Hold Harmless Agreement regarding
I Q drainage across the adjacent property.
20 35. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
21 shown within the boundaries of the subdivision into the existing City of Carlsbad Street
-,. Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
23 on a form provided by the City Engineer.
24 Grading
25 36. Prior to the issuance of a grading permit or building permit, whichever occurs first,
26 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.
27
37. This project requires offsite grading. No grading for private improvements shall occur
2° 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
PC RESO NO. 6096 -10-
owners of the affected properties. If Developer is unable to obtain the grading or slope
2 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
3 will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.4
5 38. 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
6 obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
7
Dedications/Improvements
o
9 39. Developer shall cause Owner to make an offer of dedication to the City and/or other
appropriate entities for all public easements shown on the tentative map. More
10 specifically, a public sewer and water easement shall be recorded over Driveway
"A," "B," and "C." A public sewer easement shall be placed over Lot 6. All
easements shall be deeded as shown on the tentative map unless otherwise directed
j2 by the City Engineer. The offer shall be made by a certificate on the final map and/or
separate recorded document. All land so offered shall be offered free and clear of all
13 liens and encumbrances and without cost. Streets that are already public are not required
to be rededicated.
14
40. Unless otherwise noted, the proposed storm drain system shall be privately owned and
maintained within the boundaries of the subdivision.
16
41. Stop signs and related pavement graphics shall be added at the project exit points
17 identified as Driveways "A" and "C" on the Tentative Tract Map.
18 42. Additional drainage easements may be required. Developer shall dedicate and provide or
19 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
20
43. Developer shall provide the design of all private streets and drainage systems to the
21 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
23 plancheck and inspection fees.
24 44. 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
26 grading, clearing and grubbing, relocation of utilities, sewer, water, fire hydrants, street
lights, retaining walls, and reclaimed water, to City Standards to the satisfaction of the
27 City Engineer. The improvements are:
28
PCRESONO. 6096 -11-
a. Installation of public potable and reclaimed water pipe, fire hydrants, and
2 related appurtenances within Driveways "A - C" as shown on the tentative
tract map and connections to Paseo Del Norte water mains.
3 b. Installation of public sewer pipe and appurtenances within Driveways
"A - C" as shown on the tentative tract map, a portion of Lot 6 and a
connection within Poinsettia Lane public right-of-way.
c. Any modifications to public street signs and/or striping necessary to
accommodate the proposed development.
6 d. Modification to the traffic signal at the intersection of Paseo Del Norte and
Poinsettia Lane, including signing and striping revisions, to convert the
7 traffic signal to split-phase for north/south traffic movements.
O
A list of the above shall be placed on an additional map sheet on the Final Map per the
9 provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
10 improvement agreement or such other time as provided in said agreement.
45. Applicant will work with the City Engineer to accommodate an additional 4 feet in
12 street width in the portion of Lowder Lane (Paseo Del Norte) from its intersection
with Poinsettia Lane to midway between the project's two entrances. If additional
13 street width cannot be provided by restriping and red curb, the applicant agrees to
move the curb line back up to 4 feet within the City right-of-way to provide the
necessary additional 4 feet in street width.
46. Prior to working within the CalTrans right-of-way, the developer shall submit to the
16 City written approval from CalTrans for said work.
17 47. 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
20 and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
21
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
23 products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
24 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.
27 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
28
PC RESO NO. 6096 -12-
48. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
3 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
4 to the maximum extent practicable storm water pollutant runoff during construction of
<- the project. At a minimum, the SWPPP shall:
a. Include all content as established by the California Regional Water Quality Control
6 Board requirements.
7 b. Include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board.
8 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
9 from storm water to the maximum extent practicable before discharging to City right-
of-way or natural drainage course.
d. Establish specific procedures for handling spills and routine cleanup. Special
11 considerations and effort shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
12
49. Prior to the issuance of grading permit or building permit, whichever occurs first,
13 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
I, 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
15 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
16 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern.
18 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project,
c. Recommend source controls and treatment controls that will be implemented with this
20 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way.
21 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to resident education on the proper
22 procedures for handling cleanup and disposal of pollutants.
23 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-development runoff rates and velocities from the site will not
24 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
25
50. Prior to occupancy, Developer shall install street lights along all public and private street
26 frontages abutting and/or within the subdivision boundary in conformance with City of
Carlsbad standards.
28 51. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the subdivision in conformance with City of Carlsbad Standards.
PC RESO NO. 6096 -13-
1
2 52. Prior to building permit or grading permit issuance, whichever occurs first, Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
3 section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the sewer access easement over Lot 6. 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.
6
Final Map Notes
7
53. Developer shall show on Final Map the net developable acres for each parcel.
o
9 54. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
10 a. All improvements are privately owned and are to be privately maintained with the
exception of the following:
12 1- Installation of public potable and reclaimed water pipe, fire hydrants, and
related appurtenances.
13 2. Installation of public sewer pipe and appurtenances.
14 b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. Geotechnical Caution:
17 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 that may
arise through any geological failure, ground water seepage, or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation, or maintenance.
20
d. No structure, fence, wall, tree, shrub, sign, or other object above the street level may
21 be placed or permitted to encroach within the area identified as sight distance
corridors.
23 Water
24 55. 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.
27
~o 56. 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.
PC RESO NO. 6096 -14-
At the discretion of the District Engineer, wider easements may be required for adequate
2 maintenance, access, and/or joint utility purposes.
3 57. 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
4 Authority capacity charge(s) prior to issuance of Building Permits.
58. 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.
7 59. 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.8
60. The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
11 61. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
13 62. The Developer shall design and construct public water, sewer, and recycled water
14 facilities substantially as shown on the (Tentative Map/Site Plan) to the satisfaction of the
District Engineer. Proposed public facilities shall be reflected on public improvement
15 plans.
16 63. The Developer shall provide separate potable water meters for each separately owned
unit.17
1 „ 64. 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
19 adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
20
65. The Developer shall coordinate with the District Engineer regarding the looped system
and easements.
22 66. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer,
23 that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
24 be submitted concurrently with the improvement plans for the project and the study shall
be prepared to the satisfaction of the District Engineer.
25
67. The Developer shall submit a detailed potable water study, prepared by a Registered
Engineer that identifies the peak demands of the project (including fire flow demands).
27 The study shall identify velocity in the main lines, pressure zones, and the required pipe
sizes. Said study shall be submitted concurrently with the improvement plans for the
28 project and the study shall be prepared to the satisfaction of the District Engineer.
PC RESO NO. 6096 -15-
68. The Developer shall submit a detailed recycled water study, prepared by a Registered
2 Engineer that identifies the peak demands of the project. The study shall identify velocity
in the main lines and the required pipe sizes. Said study shall be submitted concurrently
3 with the improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
4
Code Reminders
6 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
7
69. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
9
70. Developer shall exercise special care during the construction phase of this project to
10 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.
12 71. Approval of this request shall not excuse compliance with all applicable sections of the
13 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
14
72. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
15 Code Section 18.04.320.
16
73. Any signs proposed for this development shall at a minimum be designed in conformance
17 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
18
, Q 74. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
20
75. Developer shall pay a landscape plan check and inspection fee as required by Section
21 20.08.050 of the Carlsbad Municipal Code.
22 76. Developer shall exercise special care during the construction phase of this project to
23 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
24 of the City Engineer.
25
26
27
28
PCRESONO. 6096 -16-
1
2 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
A reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
5
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
g follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
9
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
U 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
12 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
13
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the
16
following vote, to wit:
17
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
19
NOES:
20
ABSENT: Commissioner Heineman21
22 ABSTAIN:
23
24 MARTELL B. MONTGOMERY, J^urperson
25 CARLSBAD PLANNING COMMISSION
26
27
DON NEU28Assistant Planning Director
PCRESONO. 6096 -17-