HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 6146PLANNING COMMISSION RESOLUTION NO. 6146
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 05-14 TO
3 SUBDIVIDE 27.8 ACRES INTO 80 RESIDENTIAL LOTS, ONE
RECREATION LOT AND TWO OPEN SPACE LOTS ON
4 PROPERTY GENERALLY LOCATED WEST OF RANCHO
5 SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND
NORTH OF CADENCIA STREET IN LOCAL FACILITIES
6 MANAGEMENT ZONE 11.
CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD
7 3.1
_ CASE NO.: CT05-14
o
9 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a
10 verified application with the City of Carlsbad regarding property described as
1 ] Lots 205 and 215 of the City of Carlsbad Tract CT 99-04-03,
12 Villages of La Costa, La Costa Oaks North, in the City of
Carlsbad, County of San Diego, State of California, according
13 to Map No. 15318 filed in the Office of the San Diego County
Recorder on April 18,2006, as File Number 2006-0271049
14
("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Tentative Tract
17 Map as shown on Exhibits "A" - "M" dated August 16, 2006, on file in the Planning
18 Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 - CT 05-14, as provided by
19 Chapter 20.12 of the Carlsbad Municipal Code; and
20
WHEREAS, the Planning Commission did, on the 16th day of August, 2006,
22 hold a 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
25 relating to the Tentative Tract Map.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27
Commission of the City of Carlsbad as follows:28
A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH
NEIGHBORHOOD 3.1 - CT 05-14, based on the following findings and subject
4 to the following conditions:
Findings:
6
1. That the proposed map and the proposed design and improvement of the subdivision as
7 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
9 being created satisfy all minimum requirements of Title 20 regarding lot sizes and
configuration and have been designed to comply with all other applicable
10 regulations including the Villages of La Costa Master Plan.
11 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single—family residential development or as
open space on the General Plan, in that the site has a General Plan Land Use
13 designation of Residential Low-Medium (RLM) or Open Space (OS).
14 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
15 proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations including the Villages of La Costa Master Plan.
4. That the design of the subdivision or the type of improvements will not conflict with
18 easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
19 that prior to recordation of the final map the developer will vacate and adjust any
easements that conflict with proposed development.
21 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
23 natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
jc residential units.
25 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
27 against the public service needs of the City and available fiscal and environmental
resources.
28
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8. That the design of the subdivision and improvements are not likely to cause substantial
2 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
3 Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan which was evaluated in
4 Final Program EIR 98 -07.
9. That the discharge of waste from the subdivision will not result in violation of existing
5 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
7 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
8 System (NPDES) requirements.
9 10. The Planning Commission finds that the project, as conditioned herein, is in
10 conformance with the Elements of the City's General Plan and Villages of La Costa
Master Plan based on the facts set forth in the staff report dated August 16, 2006,
11 including, but not limited to the following:
12
, - a. Land Use - The project is consistent with the City's General Plan since the
proposed density is within the density range of 0-4 du/acre specified for the
14 site as indicated on the Land Use Element of the General Plan, and is at or below
the growth control point of 3.2 du/acre as well as not exceeding the number of
15 units permitted by the Villages of La Costa Master Plan.
b. Housing - The project is consistent with the Housing Element of the General
17 Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa
Master Plan. The developer is required to construct affordable housing units
18 consistent with the First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages of La Costa. The
Greens Affordable Apartment Project has been constructed and occupied
2Q and the Oaks Affordable Apartment project has been approved and grading
is ongoing. Those projects will satisfy the inclusionary housing requirements
21 for this project.
22 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 98-07, and Villages of La Costa Master Plan. The project will not impact
24 the designated open space and will provide Master Plan trails and trail
connections to the adjacent neighborhoods as identified in the Master Plan.
25
d. Noise - A project-specific noise study prepared for the Tentative Map
identified an area requiring a six-foot-high noise wall which is shown on the
2y project plans in conformance with the recommendations of the noise study.
With the noise wall, the noise standards will be met.
28
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e. Public Safety - The project includes fire suppression zones, fire-resistive
2 construction techniques, and fire sprinklers for selected homes to reduce fire
hazards to an acceptable level.
3
f. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
5 the Villages of La Costa Master Plan.
6 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
„ provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
9 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.
10 Specifically,
a. The project has been conditioned to provide proof from the Encinitas Unified
12 and San Dieguito Unified School Districts that the project has satisfied its
obligation for school facilities.
13
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit or be satisfied by the use of
, c existing parkland credits in addition to the dedication of land for the future
Alga Norte Park site.
16
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
17 collected prior to the issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
20 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.
21
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
23 14. That all necessary public facilities required by the Growth Management Ordinance will
24 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
25 improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 11 Local Facilities Management
26 Plan and the project will comply with the general and special conditions of the zone
27 plan.
28
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15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
2 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
3
16. The Planning Director has determined that:
4
a. The project is a subsequent activity of the Villages of La Costa Master Plan
(MP 98-01) for which a program EIR was prepared, and a notice for the activity
5 has been given, which includes statements that this activity is within the scope of
the program approved earlier, and that the program EIR adequately describes the
7 activity for the purposes of CEQA [15168(c)(2) and (e)].
o b. This project is consistent with the Master Plan cited above.
9 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection
10 with the prior plan.
11 d. The project has no new significant environmental effect not analyzed as
, 2 significant in the prior EIR.
13 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQ A Guidelines Sections 15162 or 15163 exist.
14
f. All feasible mitigation measures or project alternatives identified in the Villages
of La Costa Master Plan EIR 98-07, which are appropriate to this
16 Subsequent Project, have been incorporated into this Subsequent Project.
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
18 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 final map or
grading permit, whichever occurs first.
22
7» 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
24 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
25 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
27 conditions, or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
28
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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
' 1 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
12 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
14 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
16 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
17 approval is not validated.
I O 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
19 copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.
20
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
21 Director from the Encinitas Unified and San Dieguito Unified School Districts that this
22 project has satisfied its obligation to provide school facilities.
23 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
24 that Plan prior to the issuance of building permits.
25 9. Building permits will not be issued for this project unless the local agency providing
26 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
27 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.
PCRESONO. 6146 -6-
10. The Developer shall implement and comply with all applicable mitigation measures
2 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
3 Planning Commission Resolution No. 5010.
4 11. This approval is granted subject to the approval of MP 98-01(E) and PUD 05-11 and is
5 subject to all conditions contained in Planning Commission Resolutions No. 6145 and
6147 for those other approvals incorporated herein by reference.
6
12. Developer shall construct the required inclusionary units as stipulated in the First
' Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
o between Real Estate Collateral Management Company and the City of Carlsbad
concurrent with the project's market rate units, unless both the final decision-making
9 authority of the City and the Developer agree within an Affordable Housing Agreement to
an alternate schedule for development.
10
13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
12 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
13 condition, free from weeds, trash, and debris.
*4 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
i c landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
16
15. Developer shall establish a homeowner's association and corresponding covenants,
17 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit, the
Developer shall provide the Planning Department with a recorded copy of the official
19 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:
20
a. General Enforcement by the City. The City shall have the right, but not the
21 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
22 of) or in which the City has an interest.
23 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
24 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
26 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
27 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
PCRESONO. 6146 -7-
particularity the maintenance which the City finds to be required and requesting the
2 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
3 maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
6 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
7 the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
9 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
10 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,
12 payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
13 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
14 rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
16 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
17 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.
20 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
21
~. f. Landscape Material Restrictions; Restrictions to landscape materials adjacent
to conserved habitat areas shall be as set forth in Exhibit
23
g. HCP/OMSP Educational Material: Exhibit describes the importance
24 and sensitivity of the conserved habitat areas and ways to avoid impact to them.
25 h. Lighting Restrictions on Private Residential Lots; Restrictions on lighting
within residential lots adjacent to open space conservation areas shall be as set
forth in Exhibit.
27
16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
PCRESONO. 6146 -8-
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
2 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
3 approval will not be consistent with the General Plan and shall become void.
^ 17. Developer shall submit a street name list consistent with the City's street name policy
c subject to the Planning Director's approval prior to final map approval.
6 18. 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
7 Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map and a Planned Unit Development by Resolutions No. 6146 and 6147 on the
9 property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
10 conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
12 or successor in interest.
13 19. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
14 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
16 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
17 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.
19 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
20 the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
21 existing schools, parks, and streets.
22 21. Developer shall post a sign in the sales office in a prominent location that discloses which
23 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
24
22. 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
26 may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and the City Attorney (see Noise
27 Form #1 on file in the Planning Department).
28
PCRESONO. 6146 -9-
23. Any signs proposed for this development shall at a minimum be designed in conformance
2 with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall
require review and approval of the Planning Director prior to installation of such signs.
3
24. The required recreation area on lot 81 shall obtain approval and begin construction
prior to the occupancy of the first unit of either Neighborhoods 3.1, 3.3, 3.4, or 3.5,
r whichever occurs first, and shall be approved for use prior to the occupancy of 50%
of the units within either Neighborhoods 3.1,3.3, 3.4, or 3.5.
6
25. Street lights for the project shall be selectively placed, shielded, or directed away
from conserved habitat areas. The street improvement plans shall provide shielded
lights in proximity to habitat preserve areas to minimize light impacts.o
9 26. Prior to occupancy of any units within Neighborhood 3.1, temporary or permanent
RV storage shall be made available in La Costa Oaks Neighborhood 3.2.
10
Engineering
12 General
13 27. 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.
28. Prior to issuance of any building permit, Developer shall comply with the requirements of
16 the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
17
29. Developer shall provide to the City Engineer an acceptable means, CC&Rs, and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
20 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.
23 31. There shall be one Final Map recorded for this project.
24 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
statement on the Final Map (and in the CC&Rs).
26 Type I
27 "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a
sight distance corridor in accordance with Villages of La Costa Master Plan
PCRESONO. 6146 -10-
MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain
2 this condition."
3 Type II
"No obstructions shall conflict with or impede the line-of-sight as established per
City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall,
f tree, shrub, sign, or other object shall be placed or permitted on the subject
property within such sight distance corridors. The underlying property owner shall
6 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.
o
9 Fees/Agreements
10 33. Developer shall cause property owner to execute and submit to the City Engineer, for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
34. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
13 drainage across the adjacent property.
14 35. Developer shall cause property owner to execute, record, and submit a recorded copy to
the City Engineer a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the tentative map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
17 A. Clearly delineate the limits of the drainage course.
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner.
20 C. State that all future use of the property along the drainage course will not restrict,
impede, divert, or otherwise alter drainage flows in a manner that will result in
21 damage to the underlying and adjacent properties or the creation of a public
nuisance.
23 36. 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
24 map for this project, Developer shall cause Owner to execute an Agreement to annex the
subject property into City of Carlsbad 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 property into SL&LD #2.
27 37. Prior to approval of the first final map, the developer shall enter into a Prepayment
Agreement with the City for prepayment of the developer obligation for the funding
to improve Rancho Santa Fe Road, which will satisfy the special condition in the
PCRESONO. 6146 -11-
Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho
2 Santa Fe Road.
3 Grading
4 38. Based upon a review of the proposed grading and the grading quantities shown on the
5 tentative map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
6 the project.
7 39. 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.
9
Dedications/Improvements
10
40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
1 * other appropriate entities for all public streets and other easements shown on the tentative
12 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 are
13 already public are not required to be rededicated.
14 41. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
16
42. Developer shall provide the design of all private streets and drainage systems to the
17 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
, n improvement plancheck and inspection fees.
20 43. Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
21 the tentative map and the following improvements including, but not limited to paving,
base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
23 lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the
City Engineer. The improvements are:
24
a) Streets "AK," "AW," and "AX" to public street standards.
b) Storm drain, water, sewer, and reclaimed water per City and appropriate
26 district standards.
c) Traffic signal, including all appurtenances and traffic signal interconnect
27 conduit and cable, at the intersection of Rancho Santa Fe Road and San Elijo
Road to the satisfaction of the City Engineer. The traffic signal shall not be
28 installed until such time that written approval is received from the City
Engineer.
PCRESONO. 6146 -12-
1
2 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
3 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
<- 44. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting San Elijo Road and Street "AX.
6
45. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage in
conformance with City of Carlsbad Standards.
46. Developer shall relocate or quitclaim those easements shown on sheet 3 of the
9 tentative map to be quitclaimed or relocated, to the satisfaction of the City Engineer,
or written evidence shall be provided from the easement holder allowing grading
10 and/or improvements within the limits of their easement.
47. Developer shall comply with the City's requirements of the National Pollutant Discharge
12 Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
13 Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
1 - limited to notifying prospective owners and tenants of the following:
16 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
17 hazardous waste products.
18 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
19 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
20 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.
23 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
24
48. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
27 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
28 the project. At a minimum, the SWPPP shall:
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a. Include all content as established by the California Regional Water Quality Control
2 Board requirements.
b. Include the receipt of "Notice of Intent" issued by the California Regional Water
3 Quality Control Board.
Recommend source control and treatment control Best Management Practices (BMPs)
that will be implemented with this project to avoid contact or filter said pollutants
i- from storm water to the maximum extent practicable before discharging to City right-
of-way or natural drainage course.
6 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
7 procedures for handling cleanup and disposal of pollutants.
8 49. Prior to the issuance of grading permit or building permit, whichever occurs first,
9 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
10 Storm water Mitigation Plan (SUSMP), Order 2001-01, as amended, issued by the San
Diego Region of the California Regional Water Quality Control Board and the City of
Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter
said pollutants from storm water, to the maximum extent practicable, for the post-
construction stage of the project. At a minimum, the SWMP shall:
13
a. Identify existing and post-development on-site pollutants-of-concern.
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
16 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way.
17 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to resident/employee education on the
proper procedures for handling cleanup and disposal of pollutants;
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
20 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
21
50. Developer shall install street lights along all public and private street frontages abutting
and/or within the subdivision boundary in conformance with City of Carlsbad Standards.
23
51. Developer shall install sidewalks along all public streets abutting the subdivision in
24 conformance with City of Carlsbad Standards.
nc 52. Developer shall install wheelchair ramps at the public street corners abutting the
26 subdivision in conformance with City of Carlsbad Standards.
27
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1 Final Map Notes
2 53. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
3
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
5 1. Streets "AK," "AW," and "AX."
6 2. Storm drain, water, sewer, and reclaimed water within public streets
or easements.
7 3. Traffic signals in public streets.
B. Building permits will not be issued for development of the subject property unless
9 the appropriate agency determines that sewer and water facilities are available.
10 C. Geotechnical Caution:
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
13 subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation, or maintenance.
14
,, D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
16 a§ a sight distance corridor in accordance with Villages of La Costa Master Plan
MP 98-01, Section 4.9.3. The underlying property owner shall maintain this
17 condition.
18 E. No obstructions shall conflict with or impede the line-of-sight as established per
19 City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall,
tree, shrub, sign, or other object shall be placed or permitted on the subject
20 property within such sight distance corridors. The underlying property owner
shall maintain this condition.
21
Special Conditions
23 54. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the tentative map are for planning purposes only. Developer shall pay
traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the
City of Carlsbad Municipal Code, respectively.
n,f Utilities2o
27 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
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considered public improvements and shall be served by public water mains to the
2 satisfaction of the District Engineer.
3 56. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-foot-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.
6 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
7 Authority capacity charge(s) prior to issuance of Building Permits.
o
58. The Developer shall prepare a colored recycled water use map and submit this map to the
9 Planning Department for processing and approval by the District Engineer.
10 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.
11
j2 60. The Developer shall install (potable water and/or recycled water services) and meters at a
location approved by the District Engineer. The locations of said services shall be
13 reflected on public improvement plans.
14 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.
16
62. The Developer shall design and construct public water, sewer, and recycled water
17 facilities substantially as shown on the tentative map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.18
in 63. The Developer shall provide separate potable water meters for each separately owned
unit.
20
64. This project is approved upon the express condition that building permits will not be
21 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
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
23
65. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
24 potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
25 District Engineer.
26 66. The Developer shall meet with and obtain approval from the Vallecitos Water District
27 regarding sewer infrastructure available or required to serve this project.
28 67. The Developer shall meet with and obtain approval from the Vallecitos Water District
regarding potable water infrastructure available or required to serve this project.
PCRESONO. 6146 -16-
1
2 Code Reminders
3 68. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
69. Developer shall provide the following note on the final map of the subdivision and final
mylar of this development submitted to the City:
6
A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth
7 Management Control Point for each General Plan land use designation.
Development cannot exceed the Growth Control Point except as provided by
Chapter 21.90. The land use designation for this development is 3.2 dwelling
9 units per nonconstrained acre.
10 Parcels 1-83 were used to calculate the intensity of development under the
General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of
any one of these parcels must also include parcels 1-83 under the General Plan
and Chapter 21.90 of the Carlsbad Municipal Code."
13 70. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
71. The project shall comply with the latest nonresidential disabled access requirements
16 pursuant to Title 24 of the State Building Code.
17 72. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
73. 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
20 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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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 16th day of August, 2006, by the
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT: Commissioner Segall
ABSTAIN:
MARTELL B.
CARLSBAD PLANNIN
ATTEST:
MONTGOMERY, Chairperson
G COMMISSION
Su/L
DON NEU
Assistant Planning Director
PCRESONO. 6146 -18-