HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 6148PLANNING COMMISSION RESOLUTION NO. 6148
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 05-15 TO
3 SUBDIVIDE 48.9 ACRES INTO 120 RESIDENTIAL LOTS AND
TWO OPEN SPACE LOTS ON PROPERTY GENERALLY
4 LOCATED WEST OF RANCHO SANTA FE ROAD, SOUTH
5 OF MELROSE DRIVE AND NORTH OF CADENCIA STREET
IN LOCAL FACILITIES MANAGEMENT ZONE 11.
6 CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD
3.3
7 CASE NO.: CT05-15
8 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
10
Lots 202 and 203 of the City of Carlsbad Tract CT 99-04-03,
11 Villages of La Costa, La Costa Oaks North, in the City of
12 Carlsbad, County of San Diego, State of California, according
to Map No. 15318 filed in the Office of the San Diego County
13 Recorder on April 18,2006, as File Number 2006-0271049
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
16
Map as shown on Exhibits "A" - "R" dated August 16, 2006, on file in the Planning
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Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 - CT 05-15, as provided by18
19 Chapter 20.12 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 16th day of August, 2006,
21 hold a duly noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony
23
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
24
relating to the Tentative Tract Map.
£3
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.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH
NEIGHBORHOOD 3.3 - CT 05-15, based on the following findings and subject
3 to the following conditions:
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
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
7 Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 regarding lot sizes and
° configuration and have been designed to comply with all other applicable
regulations including the Villages of La Costa Master Plan.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single-family residential development and as
11 open space on the General Plan, in that the site has a General Plan Land Use
designation of Residential Low-Medium (RLM) and Open Space (OS).
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 the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
15 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
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
jg that prior to recordation of the final map the developer will vacate and adjust any
easements that conflict with proposed development.
19
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
21 6. That the design of the subdivision provides, to the extent feasible, for future passive or
22 natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family residences with adequate separation to
23 provide residents with adequate air circulation within and surrounding any future
residential units.
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 a preserve area of the Habitat
PCRESONO. 6148 -2-
Conservation Plan approved for the property. The project area is a designated
2 development area in the Villages of La Costa Master Plan which was evaluated in
Final Program EIR 98-07.
3
9. That the discharge of waste from the subdivision will not result in violation of existing
4 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan and Villages of La Costa
Master Plan based on the facts set forth in the staff report dated August 16, 2006,
including, but not limited to the following:
10
a. Land Use - The project is consistent with the City's General Plan since the
11 proposed density is within the density range of 0-4 du/acre specified for the
site as indicated on the Land Use Element of the General Plan, and is at or below12the growth control point of 3.2 du/acre as well as not exceeding the number of
13 units permitted by the Villages of La Costa Master Plan.
14 b. Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa
Master Plan. The developer is required to construct affordable housing units
consistent with the First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages of La Costa. The
17 Greens Affordable Apartment Project has been constructed and occupied
and the Oaks Affordable Apartment project has been approved and grading
18 is ongoing. Those projects will satisfy the inclusionary housing requirements
for this project.
20 «• Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Villages of La Costa Master Plan
21 EIR 98-07, and Villages of La Costa Master Plan. The project will not impact
the designated open space and will provide Master Plan trails and
connections to the adjacent neighborhoods as identified in the Master Plan.
23 d. Noise - A project-specific noise study prepared for the Tentative Map
24 identified an area requiring a 6-foot-high noise wall which is shown on the
project plans in conformance with the recommendations of the noise study.
With the noise wall, the noise standards will be met.
e. Public Safety - The project includes fire suppression zones, fire-resistive
27 construction techniques, and fire sprinklers for selected homes to reduce fire
hazards to an acceptable level.
28
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f. Circulation - The circulation system is designed to provide adequate access to
2 the proposed lots and complies with all applicable City design standards and
the Villages of La Costa Master Plan.
3
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
r ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
6 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
7 project will be installed to serve new development prior to or concurrent with need.
Specifically,
5
9 a. The project has been conditioned to provide proof from the Encinitas Unified
and San Dieguito Unified School Districts that the project has satisfied its
10 obligation for school facilities.
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
existing parkland credits in addition to the dedication of land for the future
13 Alga Norte Park site.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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
17 requirements established by a Local Facilities Management Plan prepared pursuant to
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
20 Local Facilities Management Plan for Zone 11.
21 14. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
22 created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 11 Local Facilities Management
24 Plan and the project will comply with the general and special conditions of the zone
plan.
25
15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
26 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
28
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16. The Planning Director has determined that:
2 a. The project is a subsequent activity of the Villages of La Costa Master Plan
3 (MP 98-01) for which a program EIR was prepared, and a notice for the activity
has been given, which includes statements that this activity is within the scope of
the program approved earlier, and that the program EIR adequately describes the
5 activity for the purposes of CEQA [15168(c)(2) and (e)].
6 b. This project is consistent with the Master Plan cited above.
c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior plan.o
9 d. The project has no new significant environmental effect not analyzed as
significant in the prior EIR.
10
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist.
12 f. All feasible mitigation measures or project alternatives identified in the Villages
13 of La Costa Master Plan EIR 98-07, which are appropriate to this
Subsequent Project, have been incorporated into this Subsequent Project.14
17. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
17
Conditions;
18
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or
grading permit whichever occurs first.
20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
21 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
23 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
24 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
25 or a successor in interest by the City's approval of this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
27 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
28 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
PCRESONO. 6148 -5-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
6 all requirements of law.
7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
9 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
10 (b) City's approval or issuance of any permit or action, whether discretionary or
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
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision-
16 making body.
17 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Unified and San Dieguito Unified School Districts that this
project has satisfied its obligation to provide school facilities.
19 8. This project shall comply with all conditions and mitigation measures which are required
20 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
21
__ 9. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
23 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
24 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
10. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
27 Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010.28
PCRESONO. 6148 -6-
1 11. This approval is granted subject to the approval of MP 98-01(E) and PUD 05-12 and is
2 subject to all conditions contained in Planning Commission Resolutions No. 6145 and
6149 for those other approvals incorporated herein by reference.
3
12. Developer shall construct the required inclusionary units as stipulated in the First
Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
$ between Real Estate Collateral Management Company and the City of Carlsbad
concurrent with the project's market rate units, unless both the final decision-making
6 authority of the City and the Developer agree within an Affordable Housing Agreement to
an alternate schedule for development.
7
„ 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
9 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
10 condition, free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
12 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
13
15. Developer shall establish a homeowner's association and corresponding covenants,
14 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
16 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:
17
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
j a of, or in which the City has an interest.
20 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
21 to disapprove. A copy of the final approved amendment shall be transmitted to City
„« within 30 days for the official record.
23 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
24 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
26 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
27 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
2° 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
PCRESONO. 6148 -7-
be completed and shall be entitled to reimbursement with respect thereto from the
2 Owners as provided herein.
3 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
6 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
7 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,
9 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
10 pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
,2 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
13 land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
14 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.
17 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
19 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent
to conserved habitat areas shall be as set forth in Exhibit
20 Invasive/exotic species not to be used include those listed on Lists A and B of the
"Exotic Plants of Greatest Ecological Concern in California" adopted by the
21 California Exotic Pest Plan Council, October 1999.
22 g. HCP/OMSP Educational Material; Exhibit describes the importance
23 and sensitivity of the conserved habitat areas and ways to avoid impact to them.
24 h. Lighting Restrictions on Private Residential Lots; Restrictions on lighting
within residential lots adjacent to open space conservation areas shall be as set
25 forth in Exhibit
26 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
27 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
PCRESONO. 6148 -8-
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
2 approval will not be consistent with the General Plan and shall become void.
3 17. 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.
4
e 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
6 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 Development Permit by Resolutions No. 6148 and 6149 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
9 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
10 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.11
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
13 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
14 shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
17 regarding those fees or taxes can be obtained.
I O 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
20 existing schools, parks and streets.
21 21. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
23
22. Prior to the recordation of the first final tract map or the issuance of building permits,
24 whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
27 23. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall
require review and approval of the Planning Director prior to installation of such signs.
PCRESONO. 6148 -9-
24. The required recreation area on lot 81 shall obtain approval and begin construction
2 prior to the occupancy of the first unit of either Neighborhoods 3.1, 3.3, 3.4, or 3.5,
whichever occurs first, and shall be approved for use prior to the occupancy of 50%
3 of the units within either Neighborhoods 3.1,3.3,3.4, or 3.5.
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.
6
26. Prior to occupancy of any units within Neighborhood 3.3, temporary or permanent
7 RV storage shall be made available in La Costa Oaks Neighborhood 3.2.
Engineering
9
General
10
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
, 2 for the proposed haul route.
13 28. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
14 formally established by the City.
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
17 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.
20
31. There shall be one Final Map recorded for this project.
21
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
23 statement on the Final Map (and in the CC&Rs).
24 Type I
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
25 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
MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain
27 this condition.'
28
PCRESONO. 6148 -10-
1 Type II
2 "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,
3 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
4 maintain this condition."
The limits of these sight distance corridors shall be reflected on any improvement,
6 grading, or landscape plan prepared in association with this development.
7 Fees/Agreements
g
33. Developer shall cause property owner to execute and submit to the City Engineer for
9 recordation the City's standard form Geologic Failure Hold Harmless Agreement.
10 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
* 1 drainage across the adjacent property.
12 35. Developer shall cause property owner to execute, record, and submit a recorded copy to
13 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
14 form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course.
16
B. State that the drainage course is to be maintained in perpetuity by the underlying
17 property owner.
* ° C. State that all future use of the property along the drainage course will not restrict,
-, Q impede, divert, or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
20 nuisance.
21 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
map for this project, Developer shall cause Owner to execute an Agreement to annex the
23 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
24 to annex the property into SL&LD #2.
9S 37. Prior to approval of the first final map, the developer shall enter into a Prepayment
26 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
27 Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho
Santa Fe Road.
28
PCRESONO. 6148 -11-
Grading
2
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
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
5
39. Prior to the issuance of a grading permit or building permit, whichever occurs first,
6 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.7
Dedications/Improvements
40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the tentative
map. The offer shall be made by a certificate on the final map. All land so offered shall
11 be offered free and clear of all liens and encumbrances and without cost. Streets that are
already public are not required to be rededicated.
12
41. Additional drainage easements may be required. Developer shall dedicate and provide or
13 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
42. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall
16 conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
18 43. Developer shall execute a City standard Subdivision Improvement Agreement to install
19 and secure with appropriate security as provided by law, public improvements shown on
the tentative map and the following improvements including, but not limited to paving,
20 base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the
22 City Engineer. The improvements are:
23 a. Streets "AK," "AL," "AN," "AP," "AQ," "AR," "AS," and "AT" to public
street standards.
b. Storm drain, water, sewer, and reclaimed water per City and appropriate
district standards.
c. Developer shall contribute its fair share contribution to design and install a
26 fully actuated traffic signal, including all appurtenances and traffic signal
interconnect conduit and cable, at the intersections of Rancho Santa Fe Road
27 with Avenida Soledad and San Elijo Road to the satisfaction of the City
Engineer. The traffic signal shall not be installed until such time that written
approval is received from the City Engineer.
PCRESONO. 6148 -12-
A list of the above shall be placed on an additional map sheet on the Final Map per the
2 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
3 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
5 abutting AY en i da Soledad, lot 49 to Street "AK," lots 88, 89, and 96 to Street "AL,"
lot 44 to Street "AQ," the northerly property line of lot 37 to Street "AQ," lots 24
6 and 35 to Street "AR," lots 63 and 71 to Street "AS," and lot 52 to Street "AT.
45. Developer shall relocate or quitclaim those easements shown on sheet 4 of the
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
9 and/or improvements within the limits of their easement.
10 46. 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
13 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:
14
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
16 hazardous waste products.
17 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
° fluids shall not be discharged into any street, public or private, or into storm drain
i o or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers, and other such chemical treatments shall meet
20 Federal, State, County, and City requirements as prescribed in their respective
containers.
21
,_. C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
23
47. Prior to the issuance of grading permit or building permit, whichever occurs first,
24 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
27 the project. At a minimum, the SWPPP shall:
a. Include all content as established by the California Regional Water Quality Control
Board requirements.
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b. Include the receipt of "Notice of Intent" issued by the California Regional Water
2 Quality Control Board.
Recommend source control and treatment control Best Management Practices (BMPs)
3 that will be implemented with this project to avoid contact or filter said pollutants
from storm water to the maximum extent practicable before discharging to City right-
of-way or natural drainage course.
t- d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
6 procedures for handling cleanup and disposal of pollutants.
7 48. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
9 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 City of
10 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:
12 a. Identify existing and post-development on-site pollutants-of-concern.
13 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
14 c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way.
d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to resident/employee education on the
17 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
in exceed the predevelopment runoff rates and velocities to the maximum extent
practicable.
20
49. Developer shall install street lights along all public and private street frontages abutting
21 and/or within the subdivision boundary in conformance with City of Carlsbad Standards.
22 50. Developer shall install sidewalks along all public streets abutting the subdivision in
23 conformance with City of Carlsbad Standards.
24 51. Developer shall install wheelchair ramps at the public street corners abutting the
subdivision in conformance with City of Carlsbad Standards.25
Final Map Notes
27 52. Note(s) to the following effect(s) shall be placed on the map as non-mapping data.
28 A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
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2 1. Streets "AK," "AL," "AN," "AP," "AQ," "AR," "AS," and "AT."
2. Storm drain, water, sewer, and reclaimed water within public streets
3 or easements.
3. Traffic signals in public streets.4
c 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.
6
C. Geotechnical Caution:
7
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
9 that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
10 subdivision due to its construction, operation, or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
12 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
13 MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain
this condition.
14
E. 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,
16 tree, shrub, sign, or other object shall be placed or permitted on the subject
property within such sight distance corridors. The underlying property owner
17 shall maintain this condition.
1 O Special Conditions
19 53. The Average Daily Trips (ADT) and floor area contained in the staff report and
20 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
21 City of Carlsbad Municipal Code, respectively.
22 Utilities
23
54. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
24 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
26 satisfaction of the District Engineer.
27 55. 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.
28 At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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2 56. 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
3 Authority capacity charge(s) prior to issuance of Building Permits.
^ 57. The Developer shall prepare a colored recycled water use map and submit this map to the
c Planning Department for processing and approval by the District Engineer.
6 58. 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.
7
59. 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
9 reflected on public improvement plans.
10 60. 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.
12 61. The Developer shall design and construct public water, sewer, and recycled water
13 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.
14
62. The Developer shall provide separate potable water meters for each separately owned
unit.
16
63. This project is approved upon the express condition that building permits will not be
17 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
1 ° occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
19 64. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
20 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
21 District Engineer.
22 65. The Developer shall meet with and obtain approval from the Vallecitos Water District
23 regarding sewer infrastructure available or required to serve this project.
24 66. The Developer shall meet with and obtain approval from the Vallecitos Water District
regarding potable water infrastructure available or required to serve this project.
26 Code Reminders
27 67. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
28
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68. Developer shall provide the following note on the final map of the subdivision and final
2 mylar of this development submitted to the City:
3 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth
Management Control Point for each General Plan land use designation.
Development cannot exceed the Growth Control Point except as provided by
c Chapter 21.90. The land use designation for this development is 3.2 dwelling
units per non-constrained acre.
6
Parcels 1 - 122 were used to calculate the intensity of development under the
7 General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of
any one of these parcels must also include parcels 1 - 122 under the General Plan
and Chapter 21.90 of the Carlsbad Municipal Code."
9
69. Approval of this request shall not excuse compliance with all applicable sections of the
10 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
70. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
13
71. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
72. Developer shall exercise special care during the construction phase of this project to
16 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
17 of the City Engineer.
1 8 NOTICE
19
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
~ i "fees/exactions."
22 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
23 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
25 annul their imposition.
26 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,
2 ' 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
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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. MONTG^
CARLSBAD PLANNIN
ATTEST:
, Chairperson
ti COMMISSION
DON NEU
Assistant Planning Director
PCRESONO. 6148 -18-